130th Ohio General Assembly
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H. B. No. 96  As Introduced
As Introduced

126th General Assembly
Regular Session
2005-2006
H. B. No. 96


Representatives Seitz, McGregor, C. Evans, Combs, Hartnett, Latta, Schaffer, Webster, Taylor, Gilb, Otterman, White, D. Evans, Willamowski, Uecker, Koziura 



A BILL
To enact section 2911.23 of the Revised Code to create the offense of criminal trespass on a place of public amusement.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2911.23 of the Revised Code be enacted to read as follows:
Sec. 2911.23.  (A) As used in this section, "place of public amusement" means a stadium, theater, or other facility, whether licensed or not, at which a live performance, sporting event, or other activity takes place for entertainment of the public and to which access is made available to the public, regardless of whether admission is charged.
(B) No person, without privilege to do so, shall knowingly enter or remain on any restricted portion of a place of public amusement after having received notice that the general public is restricted from access to that restricted portion of the place of public amusement. A restricted portion of a place of public amusement may include, but is not limited to, a playing field, an athletic surface, a stage, a locker room, or a dressing room located at the place of public amusement.
(C) An owner or lessee of a place of public amusement, an agent of the owner or lessee, or a performer or participant at a place of public amusement may use reasonable force to restrain and remove a trespasser from a restricted portion of the place of public amusement. This division does not provide immunity from criminal liability for any use of force beyond reasonable force by an owner or lessee of a place of public amusement, an agent of either the owner or lessee, or a performer or participant at a place of public amusement.
(D) A person has received notice that the general public is restricted from access to a portion of a place of public amusement, if any of the following occur:
(1) The person has been notified personally, either orally or in writing, that access to that portion of the place of public amusement is restricted.
(2) A printed written notice of the restricted access has been conspicuously posted or exhibited at the entrance to that portion of the place of public amusement.
(3) An oral warning that access to that portion of the place of public amusement is restricted has been broadcast over the public address system of the place of public amusement.
(E)(1) Whoever violates this section is guilty of criminal trespass on a place of public amusement, a misdemeanor of the first degree.
(2) In addition to any prison term, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to division (E)(1) of this section, a court may require an offender who violates this section to perform not less than thirty and not more than one hundred twenty hours of supervised community service work.
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