To amend sections 2917.31 and 2917.32 of the Revised Code to increase the penalties for the offenses of inducing panic and making false alarms if the act that is the basis of the particular offense pertains to a purported, threatened, or actual use of a weapon of mass destruction.

Section 1. That sections 2917.31 and 2917.32 of the Revised Code be amended to read as follows:

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)(1) Whoever violates this section is guilty of inducing panic.

(2) Except as otherwise provided in division (C)(3), (4), or (5), or (6) of this section, inducing panic is a misdemeanor of the first degree.

(3) Except as otherwise provided in division (C)(4), (5), or (6) of this section, if the violation pertains to a purported, threatened, or actual use of a weapon of mass destruction, inducing panic is a felony of the fifth degree.

(4)(a) Except as otherwise provided in division (C)(4) or (b), (5), or (6) of this section, if a violation of this section results in physical harm to any person, inducing panic is a felony of the fourth degree.

(4)(b) Except as provided in division (C)(6) of this section, if a violation of this section results in physical harm to any person and if the violation pertains to a purported, threatened, or actual use of a weapon of mass destruction, inducing panic is a felony of the third degree.

(5) Except as otherwise provided in division (C)(5)(6) of this section, if a violation of this section results in economic harm, the penalty shall be determined as follows:

(a) If the violation results in economic harm of five hundred dollars or more but less than five thousand dollars and if neither division (C)(3)(4)(a) nor division (C)(4)(b) of this section does not apply applies, inducing panic is a felony of the fifth degree.

(b) If the violation results in economic harm of five thousand dollars or more but less than one hundred thousand dollars and if division (C)(4)(b) of this section does not apply, inducing panic is a felony of the fourth degree.

(c) If the violation results in economic harm of one hundred thousand dollars or more, inducing panic is a felony of the third degree.

(5)(6)(a) Except as otherwise provided in division (C)(5)(6)(b) or, (c), or (d) of this section, if the public place involved in a violation of division (A)(1) of this section is a school and if division (C)(4)(b) of this section does not apply, inducing panic is a felony of the fourth degree.

(b) If Except as otherwise provided in division (C)(6)(c) of this section, if the public place involved in a violation of division (A)(1) of this section is a school and if the violation results in physical harm to any person, inducing panic is a felony of the third degree.

(c) If the public place involved in a violation of division (A)(1) of this section is a school, if the violation results in physical harm to any person, and if the violation pertains to a purported or threatened use of a weapon of mass destruction, inducing panic is a felony of the second degree.

(d) If the public place involved in a violation of division (A)(1) of this section is a school and if the violation results in economic harm, the penalty shall be determined as follows:

(i) If the violation results in economic harm of five hundred dollars or more but less than five thousand dollars and if neither division (C)(4)(b), nor division (C)(5)(6)(b), nor division (C)(6)(c) of this section does not apply applies, inducing panic is a felony of the fourth degree.

(ii) If the violation results in economic harm of five thousand dollars or more but less than one hundred thousand dollars, inducing panic is a felony of the third degree.

(iii) If the violation results in economic harm of one hundred thousand dollars or more, inducing panic is a felony of the second degree.

(D) As used in this section:

(1) "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:

(a) All wages, salaries, or other compensation lost as a result of the criminal conduct;

(b) 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;

(c) The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct;

(d) The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.

(2) "School" means any school operated by a board of education or any school for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted at the time a violation of this section is committed.

(3) A violation of this section "pertains to a purported, threatened, or actual use of a weapon of mass destruction" if any of the following applies:

(a) Regarding a violation of division (A)(1) of this section, the alleged or impending fire, explosion, crime, or other catastrophe identified or mentioned in the report or warning that is initiated or circulated in committing the violation purportedly involved, involves, or will involve a weapon of mass destruction;

(b) Regarding a violation of division (A)(2) of this section, the offense of violence that is threatened in committing the violation purportedly will involve a weapon of mass destruction;

(c) Regarding a violation of division (A)(3) of this section, the offense that is committed in committing the violation involved a weapon of mass destruction.

(4) "Weapon of mass destruction" means any of the following:

(a) Any weapon that is designed or intended to cause death or serious physical harm through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;

(b) Any weapon involving a disease organism;

(c) Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life;

(d) Any of the following, except to the extent that the item or device in question is expressly excepted from the definition of "destructive device" pursuant to 18 U.S.C. 921(a)(4) and regulations issued under that section:

(i) Any explosive, incendiary, or poison gas bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or similar device;

(ii) Any type of weapon, other than a shotgun or a shotgun shell that the United States secretary of the treasury finds pursuant to 18 U.S.C. 921(a)(4)(B) generally is recognized as particularly suitable for sporting purposes, by whatever name known, that will, or that may be readily converted to, expel a projectile by the action of an explosive or other propellant and that has any barrel with a bore of more than one-half inch in diameter;

(iii) Any combination of parts either designed or intended for use in converting any item or device into any item or device described in division (D)(4)(d)(i) or (ii) of this section and from which an item or device described in either of those divisions may be readily assembled.

Sec. 2917.32.  (A) No person shall do 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)(1) Whoever violates this section is guilty of making false alarms. Except

(2) Except as otherwise provided in this division (C)(3), (4), (5), or (6) of this section, making false alarms is a misdemeanor of the first degree. If

(3) Except as otherwise provided in division (C)(5) or (6) of this section, if a violation of this section pertains to a purported, threatened, or actual use of a weapon of mass destruction, inducing panic is a felony of the fifth degree.

(4) 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

(5) 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

(6) 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:

(1) "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:

(4) The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct and "weapon of mass destruction" have the same meanings as in section 2917.31 of the Revised Code.

(2) A violation of this section "pertains to a purported, threatened, or actual use of a weapon of mass destruction" if any of the following applies:

(a) Regarding a violation of division (A)(1) of this section, the alleged or impending fire, explosion, crime, or other catastrophe identified or mentioned in the report or warning that is initiated or circulated in committing the violation purportedly involved, involves, or will involve a weapon of mass destruction;

(b) Regarding a violation of division (A)(2) of this section, the false alarm of fire or other emergency that is knowingly caused to be transmitted in committing the violation purportedly involved or involves a weapon of mass destruction;

(c) Regarding a violation of division (A)(3) of this section, the alleged offense or other incident that is reported in committing the violation purportedly involved or involves a weapon of mass destruction.

Section 2. That existing sections 2917.31 and 2917.32 of the Revised Code are hereby repealed.