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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Am. H. B. No. 182 |
REPRESENTATIVES CORE-WESTON-BRITTON-OGG-REID-PADGETT-BRADY-BENDER-
WOMER BENJAMIN-JERSE-TERWILLEGER-ROMAN-GARDNER-MOTTLEY-BATEMAN-
BOYD-CORBIN-HAINES-GARCIA-O'BRIEN-BRADING-TAYLOR-OLMAN-COLONNA-
FORD-SCHURING-PRENTISS-MYERS-SUTTON-THOMAS-VERICH-HOUSEHOLDER-
PERZ-THOMPSON-TIBERI-METZGER-HARRIS-BUCHY-MEAD-MOTTL-ROBERTS-
WILSON-VESPER-DAMSCHRODER-SULZER-VAN VYVEN-LEWIS-CAREY-CLANCY-
CATES-PRINGLE-GRENDELL-MALLORY-STAPLETON-SALERNO-WINKLER-
JOHNSON-MASON
A BILL
To amend sections 2917.21, 2917.31, and 2917.32 of the Revised Code to enhance
the penalties for telephone harassment, inducing panic,
and making false
alarms.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2917.21, 2917.31, and 2917.32 of the Revised Code be
amended to read as follows:
Sec. 2917.21. (A) No person shall knowingly make or cause
to be made a telephone call, or knowingly permit a telephone call
to be made from a telephone under the person's control, to
another, if the caller does any of the following:
(1) Fails to identify the caller to the recipient of the
telephone call and makes the telephone call with purpose to
harass, abuse, or annoy any person at the premises to which the
telephone call is made, whether or not conversation takes place
during the telephone call;
(2) Describes, suggests, requests, or proposes that the
caller, recipient of the telephone call, or any other person
engage in, any sexual activity as defined in division (C) of
section 2907.01 of the Revised Code, and the recipient of the
telephone call, or another person at the premises to which the
telephone call is made, has requested, in a previous telephone
call or in the immediate telephone call, the caller not to make a
telephone call to the recipient of the telephone call or to the
premises to which the telephone call is made;
(3) During the telephone call, violates section 2903.21 of
the Revised Code;
(4) Knowingly states to the recipient of the telephone
call that the caller intends to cause damage to or destroy
public or
private property, and the recipient of the telephone call, any
member of the family of the recipient of the telephone call, or
any other person who resides at the premises to which the
telephone call is made owns, leases, resides, or works in, will
at the time of the destruction or damaging be near or in, has the
responsibility of protecting, or insures the property that will
be destroyed or damaged;
(5) Knowingly makes the telephone call to the recipient of
the telephone call, to another person at the premises to which
the telephone call is made, or to the premises to which the
telephone call is made, and the recipient of the telephone call,
or another person at the premises to which the telephone call is
made, previously has told the caller not to call the premises to
which the telephone call is made or not to call any persons at
the premises to which the telephone call is made.
(B) No person shall make or cause to be made a telephone
call, or permit a telephone call to be made from a telephone
under the person's control, with purpose to abuse, threaten,
annoy, or
harass another person.
(C)(1) Whoever violates this section is guilty of telephone
harassment,.
(2) A VIOLATION OF DIVISION (A)(1), (2), (3), OR (5) OR
(B) OF THIS SECTION IS a misdemeanor of the first degree on a
first offense and a
felony of the fifth degree on each subsequent offense involving the
same person, recipient, or premises.
(3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(3) OF
THIS SECTION, A VIOLATION OF DIVISION (A)(4) OF THIS SECTION IS A
MISDEMEANOR OF THE FIRST DEGREE ON A FIRST OFFENSE AND A FELONY OF THE FIFTH
DEGREE ON EACH SUBSEQUENT OFFENSE. IF A VIOLATION OF DIVISION (A)(4)
OF THIS SECTION RESULTS
IN ECONOMIC HARM OF FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND
DOLLARS, TELEPHONE HARASSMENT IS A FELONY OF THE FIFTH DEGREE. IF A VIOLATION
OF DIVISION (A)(4) OF THIS SECTION RESULTS IN ECONOMIC HARM OF FIVE
THOUSAND DOLLARS OR MORE BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS, TELEPHONE
HARASSMENT IS A FELONY OF THE FOURTH DEGREE. IF A VIOLATION OF DIVISION
(A)(4) OF THIS SECTION RESULTS IN ECONOMIC HARM OF ONE HUNDRED
THOUSAND DOLLARS OR MORE, TELEPHONE HARASSMENT IS A FELONY OF THE THIRD
DEGREE.
(D) AS USED IN THIS SECTION, "ECONOMIC HARM" MEANS ALL DIRECT,
INCIDENTAL, AND CONSEQUENTIAL PECUNIARY HARM SUFFERED BY A
VICTIM AS A RESULT OF CRIMINAL CONDUCT. "ECONOMIC HARM"
INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING:
(1) ALL WAGES, SALARIES, OR OTHER COMPENSATION LOST AS A RESULT
OF THE CRIMINAL CONDUCT;
(2) THE COST OF ALL WAGES, SALARIES, OR OTHER COMPENSATION PAID
TO EMPLOYEES FOR TIME THOSE EMPLOYEES ARE PREVENTED FROM WORKING
AS A RESULT OF THE CRIMINAL CONDUCT;
(3) THE OVERHEAD COSTS INCURRED FOR THE TIME THAT A BUSINESS IS
SHUT DOWN AS A RESULT OF THE CRIMINAL CONDUCT;
(4) THE LOSS OF VALUE TO TANGIBLE OR INTANGIBLE PROPERTY THAT WAS
DAMAGED AS A RESULT OF THE CRIMINAL CONDUCT.
Sec. 2917.31. (A) No person shall cause the evacuation of
any public place, or otherwise cause serious public inconvenience
or alarm, by doing any of the following:
(1) Initiating or circulating a report or warning of an
alleged or impending fire, explosion, crime, or other
catastrophe, knowing that such report or warning is false;
(2) Threatening to commit any offense of violence;
(3) Committing any offense, with reckless disregard of the
likelihood that its commission will cause serious public
inconvenience or alarm.
(B) Division (A)(1) of this section does not apply to any
person conducting an authorized fire or emergency drill.
(C) Whoever violates this section is guilty of inducing
panic,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,
INDUCING PANIC IS a misdemeanor of the first degree. If A
violation of this
section results in physical harm to any person, inducing panic is
a felony of the fourth degree. IF A VIOLATION OF THIS SECTION RESULTS IN
ECONOMIC HARM OF FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND
DOLLARS, INDUCING PANIC IS A FELONY OF THE FIFTH DEGREE. IF VIOLATION OF THIS
SECTION RESULTS IN ECONOMIC HARM OF FIVE THOUSAND DOLLARS OR MORE BUT LESS
THAN ONE HUNDRED THOUSAND DOLLARS, INDUCING PANIC IS A FELONY OF THE FOURTH
DEGREE. IF VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF ONE HUNDRED
THOUSAND DOLLARS OR MORE, INDUCING PANIC IS A FELONY OF THE THIRD DEGREE.
(D) AS USED IN THIS SECTION, "ECONOMIC HARM" MEANS ALL DIRECT,
INCIDENTAL, AND CONSEQUENTIAL PECUNIARY HARM SUFFERED BY A
VICTIM AS A RESULT OF CRIMINAL CONDUCT. "ECONOMIC HARM"
INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING:
(1) ALL WAGES, SALARIES, OR OTHER COMPENSATION LOST AS A RESULT
OF THE CRIMINAL CONDUCT;
(2) THE COST OF ALL WAGES, SALARIES, OR OTHER COMPENSATION PAID
TO EMPLOYEES FOR TIME THOSE EMPLOYEES ARE PREVENTED FROM WORKING
AS A RESULT OF THE CRIMINAL CONDUCT;
(3) THE OVERHEAD COSTS INCURRED FOR THE TIME THAT A BUSINESS IS
SHUT DOWN AS A RESULT OF THE CRIMINAL CONDUCT;
(4) THE LOSS OF VALUE TO TANGIBLE OR INTANGIBLE PROPERTY THAT WAS
DAMAGED AS A RESULT OF THE CRIMINAL CONDUCT.
Sec. 2917.32. (A) No person shall do either ANY of the
following:
(1) Initiate or circulate a report or warning of an
alleged or impending fire, explosion, crime, or other
catastrophe, knowing that the report or warning is false and
likely to cause public inconvenience or alarm;
(2) Knowingly cause a false alarm of fire or other
emergency to be transmitted to or within any organization, public
or private, for dealing with emergencies involving a risk of
physical harm to persons or property;
(3) Report to any law enforcement agency an alleged
offense or other incident within its concern, knowing that such
offense did not occur.
(B) This section does not apply to any person conducting
an authorized fire or emergency drill.
(C) Whoever violates this section is guilty of making
false alarms,. EXCEPT AS OTHERWISE PROVIDED IN THIS
DIVISION, MAKING FALSE ALARMS IS a misdemeanor of the first degree. IF
A VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF FIVE HUNDRED DOLLARS
OR MORE BUT LESS THAN FIVE THOUSAND DOLLARS, MAKING FALSE ALARMS IS A FELONY
OF THE FIFTH DEGREE. IF A VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM
OF FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS,
MAKING FALSE ALARMS IS A FELONY OF THE FOURTH DEGREE. IF A VIOLATION OF THIS
SECTION RESULTS IN ECONOMIC HARM OF ONE HUNDRED THOUSAND DOLLARS OR MORE,
MAKING FALSE ALARMS IS A FELONY OF THE THIRD DEGREE.
(D) AS USED IN THIS SECTION, "ECONOMIC HARM" MEANS ALL DIRECT,
INCIDENTAL, AND CONSEQUENTIAL PECUNIARY HARM SUFFERED BY A
VICTIM AS A RESULT OF CRIMINAL CONDUCT. "ECONOMIC HARM"
INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING:
(1) ALL WAGES, SALARIES, OR OTHER COMPENSATION LOST AS A RESULT
OF THE CRIMINAL CONDUCT;
(2) THE COST OF ALL WAGES, SALARIES, OR OTHER COMPENSATION PAID
TO EMPLOYEES FOR TIME THOSE EMPLOYEES ARE PREVENTED FROM WORKING
AS A RESULT OF THE CRIMINAL CONDUCT;
(3) THE OVERHEAD COSTS INCURRED FOR THE TIME THAT A BUSINESS IS
SHUT DOWN AS A RESULT OF THE CRIMINAL CONDUCT;
(4) THE LOSS OF VALUE TO TANGIBLE OR INTANGIBLE PROPERTY THAT WAS
DAMAGED AS A RESULT OF THE CRIMINAL CONDUCT.
Section 2. That existing sections 2917.21, 2917.31, and 2917.32 of the Revised
Code are hereby repealed.
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