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Sub. S. B. No. 235 As Reported by the House Criminal Justice CommitteeAs Reported by the House Criminal Justice Committee
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Cafaro, Miller, R., Schaffer, Jones, Smith, Hughes, Wagoner, Goodman, Strahorn, Sawyer, Widener, Carey, Schuring, Patton, Husted, Morano, Schiavoni, Turner, Wilson, Buehrer, Miller, D., Kearney, Stewart, Gibbs, Niehaus, Coughlin, Gillmor, Harris
A BILL
To amend sections 2901.01, 2905.01, 2905.02, 2907.21,
2923.01, 2923.31, 2929.01, and 2933.51 and to
enact sections 2905.31, 2905.32, and 2905.33 of
the Revised Code to create the offenses of
trafficking in persons and unlawful conduct with
respect to documents; to revise the involuntary
servitude-related elements of, and the penalty
for, the offense of kidnapping; to increase the
penalty for the offense of abduction based on
involuntary servitude; to clarify an element of
the offense of compelling prostitution that
relates to the compelling of another to engage in
specified conduct; to include abduction and
trafficking in persons within the offense of
conspiracy; to include trafficking in persons in
the definitions of "offense of violence" and
"corrupt activity" and the list of offenses that
are subject to the Communications Interception
Law; and to include involuntary servitude and
trafficking in persons within the definition of
"human trafficking."
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2901.01, 2905.01, 2905.02, 2907.21,
2923.01, 2923.31, 2929.01, and 2933.51 be amended and sections
2905.31, 2905.32, and 2905.33 of the Revised Code be enacted to
read as follows:
Sec. 2901.01. (A) As used in the Revised Code:
(1) "Force" means any violence, compulsion, or constraint
physically exerted by any means upon or against a person or thing.
(2) "Deadly force" means any force that carries a substantial
risk that it will proximately result in the death of any person.
(3) "Physical harm to persons" means any injury, illness, or
other physiological impairment, regardless of its gravity or
duration.
(4) "Physical harm to property" means any tangible or
intangible damage to property that, in any degree, results in loss
to its value or interferes with its use or enjoyment. "Physical
harm to property" does not include wear and tear occasioned by
normal use.
(5) "Serious physical harm to persons" means any of the
following:
(a) Any mental illness or condition of such gravity as would
normally require hospitalization or prolonged psychiatric
treatment;
(b) Any physical harm that carries a substantial risk of
death;
(c) Any physical harm that involves some permanent
incapacity, whether partial or total, or that involves some
temporary, substantial incapacity;
(d) Any physical harm that involves some permanent
disfigurement or that involves some temporary, serious
disfigurement;
(e) Any physical harm that involves acute pain of such
duration as to result in substantial suffering or that involves
any degree of prolonged or intractable pain.
(6) "Serious physical harm to property" means any physical
harm to property that does either of the following:
(a) Results in substantial loss to the value of the property
or requires a substantial amount of time, effort, or money to
repair or replace;
(b) Temporarily prevents the use or enjoyment of the property
or substantially interferes with its use or enjoyment for an
extended period of time.
(7) "Risk" means a significant possibility, as contrasted
with a remote possibility, that a certain result may occur or that
certain circumstances may exist.
(8) "Substantial risk" means a strong possibility, as
contrasted with a remote or significant possibility, that a
certain result may occur or that certain circumstances may exist.
(9) "Offense of violence" means any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,
2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03,
2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11,
2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04,
2921.34, or 2923.161, of division (A)(1), (2), or (3) of section
2911.12, or of division (B)(1), (2), (3), or (4) of section
2919.22 of the Revised Code or felonious sexual penetration in
violation of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former municipal ordinance
or law of this or any other state or the United States,
substantially equivalent to any section, division, or offense
listed in division (A)(9)(a) of this section;
(c) An offense, other than a traffic offense, under an
existing or former municipal ordinance or law of this or any other
state or the United States, committed purposely or knowingly, and
involving physical harm to persons or a risk of serious physical
harm to persons;
(d) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (A)(9)(a), (b), or (c) of
this section.
(10)(a) "Property" means any property, real or personal,
tangible or intangible, and any interest or license in that
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service,
telecommunications devices, information service, computers, data,
computer software, financial instruments associated with
computers, other documents associated with computers, or copies of
the documents, whether in machine or human readable form, trade
secrets, trademarks, copyrights, patents, and property protected
by a trademark, copyright, or patent. "Financial instruments
associated with computers" include, but are not limited to,
checks, drafts, warrants, money orders, notes of indebtedness,
certificates of deposit, letters of credit, bills of credit or
debit cards, financial transaction authorization mechanisms,
marketable securities, or any computer system representations of
any of them.
(b) As used in division (A)(10) of this section, "trade
secret" has the same meaning as in section 1333.61 of the Revised
Code, and "telecommunications service" and "information service"
have the same meanings as in section 2913.01 of the Revised Code.
(c) As used in divisions (A)(10) and (13) of this section,
"cable television service," "computer," "computer software,"
"computer system," "computer network," "data," and
"telecommunications device" have the same meanings as in section
2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following:
(a) A sheriff, deputy sheriff, constable, police officer of a
township or joint township police district, marshal, deputy
marshal, municipal police officer, member of a police force
employed by a metropolitan housing authority under division (D) of
section 3735.31 of the Revised Code, or state highway patrol
trooper;
(b) An officer, agent, or employee of the state or any of its
agencies, instrumentalities, or political subdivisions, upon whom,
by statute, a duty to conserve the peace or to enforce all or
certain laws is imposed and the authority to arrest violators is
conferred, within the limits of that statutory duty and authority;
(c) A mayor, in the mayor's capacity as chief conservator of
the peace within the mayor's municipal corporation;
(d) A member of an auxiliary police force organized by
county, township, or municipal law enforcement authorities, within
the scope of the member's appointment or commission;
(e) A person lawfully called pursuant to section 311.07 of
the Revised Code to aid a sheriff in keeping the peace, for the
purposes and during the time when the person is called;
(f) A person appointed by a mayor pursuant to section 737.01
of the Revised Code as a special patrolling officer during riot or
emergency, for the purposes and during the time when the person is
appointed;
(g) A member of the organized militia of this state or the
armed forces of the United States, lawfully called to duty to aid
civil authorities in keeping the peace or protect against domestic
violence;
(h) A prosecuting attorney, assistant prosecuting attorney,
secret service officer, or municipal prosecutor;
(i) A veterans' home police officer appointed under section
5907.02 of the Revised Code;
(j) A member of a police force employed by a regional transit
authority under division (Y) of section 306.35 of the Revised
Code;
(k) A special police officer employed by a port authority
under section 4582.04 or 4582.28 of the Revised Code;
(l) The house of representatives sergeant at arms if the
house of representatives sergeant at arms has arrest authority
pursuant to division (E)(1) of section 101.311 of the Revised Code
and an assistant house of representatives sergeant at arms;
(m) A special police officer employed by a municipal
corporation at a municipal airport, or other municipal air
navigation facility, that has scheduled operations, as defined in
section 119.3 of Title 14 of the Code of Federal Regulations, 14
C.F.R. 119.3, as amended, and that is required to be under a
security program and is governed by aviation security rules of the
transportation security administration of the United States
department of transportation as provided in Parts 1542. and 1544.
of Title 49 of the Code of Federal Regulations, as amended.
(12) "Privilege" means an immunity, license, or right
conferred by law, bestowed by express or implied grant, arising
out of status, position, office, or relationship, or growing out
of necessity.
(13) "Contraband" means any property that is illegal for a
person to acquire or possess under a statute, ordinance, or rule,
or that a trier of fact lawfully determines to be illegal to
possess by reason of the property's involvement in an offense.
"Contraband" includes, but is not limited to, all of the
following:
(a) Any controlled substance, as defined in section 3719.01
of the Revised Code, or any device or paraphernalia;
(b) Any unlawful gambling device or paraphernalia;
(c) Any dangerous ordnance or obscene material.
(14) A person is "not guilty by reason of insanity" relative
to a charge of an offense only if the person proves, in the manner
specified in section 2901.05 of the Revised Code, that at the time
of the commission of the offense, the person did not know, as a
result of a severe mental disease or defect, the wrongfulness of
the person's acts.
(B)(1)(a) Subject to division (B)(2) of this section, as used
in any section contained in Title XXIX of the Revised Code that
sets forth a criminal offense, "person" includes all of the
following:
(i) An individual, corporation, business trust, estate,
trust, partnership, and association;
(ii) An unborn human who is viable.
(b) As used in any section contained in Title XXIX of the
Revised Code that does not set forth a criminal offense, "person"
includes an individual, corporation, business trust, estate,
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section:
(i) "Unborn human" means an individual organism of the
species Homo sapiens from fertilization until live birth.
(ii) "Viable" means the stage of development of a human fetus
at which there is a realistic possibility of maintaining and
nourishing of a life outside the womb with or without temporary
artificial life-sustaining support.
(2) Notwithstanding division (B)(1)(a) of this section, in no
case shall the portion of the definition of the term "person" that
is set forth in division (B)(1)(a)(ii) of this section be applied
or construed in any section contained in Title XXIX of the Revised
Code that sets forth a criminal offense in any of the following
manners:
(a) Except as otherwise provided in division (B)(2)(a) of
this section, in a manner so that the offense prohibits or is
construed as prohibiting any pregnant woman or her physician from
performing an abortion with the consent of the pregnant woman,
with the consent of the pregnant woman implied by law in a medical
emergency, or with the approval of one otherwise authorized by law
to consent to medical treatment on behalf of the pregnant woman.
An abortion that violates the conditions described in the
immediately preceding sentence may be punished as a violation of
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22
of the Revised Code, as applicable. An abortion that does not
violate the conditions described in the second immediately
preceding sentence, but that does violate section 2919.12,
division (B) of section 2919.13, or section 2919.151, 2919.17, or
2919.18 of the Revised Code, may be punished as a violation of
section 2919.12, division (B) of section 2919.13, or section
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.
Consent is sufficient under this division if it is of the type
otherwise adequate to permit medical treatment to the pregnant
woman, even if it does not comply with section 2919.12 of the
Revised Code.
(b) In a manner so that the offense is applied or is
construed as applying to a woman based on an act or omission of
the woman that occurs while she is or was pregnant and that
results in any of the following:
(i) Her delivery of a stillborn baby;
(ii) Her causing, in any other manner, the death in utero of
a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human;
(iv) Her causing her child who is born alive to sustain one
or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity,
or a mental illness or condition, regardless of its duration or
gravity, to a viable, unborn human that she is carrying.
(C) As used in Title XXIX of the Revised Code:
(1) "School safety zone" consists of a school, school
building, school premises, school activity, and school bus.
(2) "School," "school building," and "school premises" have
the same meanings as in section 2925.01 of the Revised Code.
(3) "School activity" means any activity held under the
auspices of a board of education of a city, local, exempted
village, joint vocational, or cooperative education school
district; a governing authority of a community school established
under Chapter 3314. of the Revised Code; a governing board of an
educational service center, or the governing body of a school for
which the state board of education prescribes minimum standards
under section 3301.07 of the Revised Code.
(4) "School bus" has the same meaning as in section 4511.01
of the Revised Code.
Sec. 2905.01. (A) No person, by force, threat, or deception,
or, in the case of a victim under the age of thirteen or mentally
incompetent, by any means, shall remove another from the place
where the other person is found or restrain the liberty of the
other person, for any of the following purposes:
(1) To hold for ransom, or as a shield or hostage;
(2) To facilitate the commission of any felony or flight
thereafter;
(3) To terrorize, or to inflict serious physical harm on the
victim or another;
(4) To engage in sexual activity, as defined in section
2907.01 of the Revised Code, with the victim against the victim's
will;
(5) To hinder, impede, or obstruct a function of government,
or to force any action or concession on the part of governmental
authority;
(6) To hold in a condition of involuntary servitude.
(B) No person, by force, threat, or deception, or, in the
case of a victim under the age of thirteen or mentally
incompetent, by any means, shall knowingly do any of the
following, under circumstances that create a substantial risk of
serious physical harm to the victim or, in the case of a minor
victim, under circumstances that either create a substantial risk
of serious physical harm to the victim or cause physical harm to
the victim:
(1) Remove another from the place where the other person is
found;
(2) Restrain another of the other person's liberty;
(3) Hold another in a condition of involuntary servitude.
(C)(1) Whoever violates this section is guilty of kidnapping.
Except as otherwise provided in this division or division (C)(2)
or (3) of this section, kidnapping is a felony of the first
degree. Except as otherwise provided in this division or division
(C)(2) or (3) of this section, if the an offender who violates
division (A)(1) to (5), (B)(1), or (B)(2) of this section releases
the victim in a safe place unharmed, kidnapping is a felony of the
second degree.
(2) If the offender in any case also is convicted of or
pleads guilty to a specification as described in section 2941.1422
of the Revised Code that was included in the indictment, count in
the indictment, or information charging the offense, the court
shall order the offender to make restitution as provided in
division (B)(8) of section 2929.18 of the Revised Code and, except
as otherwise provided in division (C)(3) of this section, shall
sentence the offender to a mandatory prison term as provided in
division (D)(7) of section 2929.14 of the Revised Code.
(3) If the victim of the offense is less than thirteen years
of age and if the offender also is convicted of or pleads guilty
to a sexual motivation specification that was included in the
indictment, count in the indictment, or information charging the
offense, kidnapping is a felony of the first degree, and,
notwithstanding the definite sentence provided for a felony of the
first degree in section 2929.14 of the Revised Code, the offender
shall be sentenced pursuant to section 2971.03 of the Revised Code
as follows:
(a) Except as otherwise provided in division (C)(3)(b) of
this section, the offender shall be sentenced pursuant to that
section to an indefinite prison term consisting of a minimum term
of fifteen years and a maximum term of life imprisonment.
(b) If the offender releases the victim in a safe place
unharmed, the offender shall be sentenced pursuant to that section
to an indefinite term consisting of a minimum term of ten years
and a maximum term of life imprisonment.
(D) As used in this section, "sexual:
(1) "Involuntary servitude" has the same meaning as in
section 2905.31 of the Revised Code.
(2) "Sexual motivation specification" has the same meaning as
in section 2971.01 of the Revised Code.
Sec. 2905.02. (A) No person, without privilege to do so,
shall knowingly do any of the following:
(1) By force or threat, remove another from the place where
the other person is found;
(2) By force or threat, restrain the liberty of another
person under circumstances that create a risk of physical harm to
the victim or place the other person in fear;
(3) Hold another in a condition of involuntary servitude.
(B) No person, with a sexual motivation, shall violate
division (A) of this section.
(C) Whoever violates this section is guilty of abduction,. A
violation of division (A)(1) or (2) of this section or a violation
of division (B) of this section involving conduct of the type
described in division (A)(1) or (2) of this section is a felony of
the third degree.
A violation of division (A)(3) of this section
or a violation of division (B) of this section involving conduct
of the type described in division (A)(3) of this section is a
felony of the second degree. If the offender in any case also is
convicted of or pleads guilty to a specification as described in
section 2941.1422 of the Revised Code that was included in the
indictment, count in the indictment, or information charging the
offense, the court shall sentence the offender to a mandatory
prison term as provided in division (D)(7) of section 2929.14 of
the Revised Code and shall order the offender to make restitution
as provided in division (B)(8) of section 2929.18 of the Revised
Code.
(D) As used in this section, "sexual:
(1) "Involuntary servitude" has the same meaning as in
section 2905.31 of the Revised Code.
(2) "Sexual motivation" has the same meaning as in section
2971.01 of the Revised Code.
Sec. 2905.31. As used in sections 2905.31 to 2905.33 of the
Revised Code:
(A) "Involuntary servitude" means being compelled to perform
labor or services for another against one's will.
(B) "Material that is obscene, sexually oriented, or nudity
oriented" and "performance that is obscene, sexually oriented, or
nudity oriented" have the same meanings as in section 2929.01 of
the Revised Code.
Sec. 2905.32. (A) No person shall knowingly recruit, lure,
entice, isolate, harbor, transport, provide, obtain, or maintain,
or knowingly attempt to recruit, lure, entice, isolate, harbor,
transport, provide, obtain, or maintain, another person knowing
that the person will be subjected to involuntary servitude or be
compelled to engage in sexual activity for hire, engage in a
performance that is obscene, sexually oriented, or nudity
oriented, or be a model or participant in the production of
material that is obscene, sexually oriented, or nudity oriented.
(B) For a prosecution under this section, the element
"compelled" does not require that the compulsion be openly
displayed or physically exerted. The element "compelled" has been
established if the state proves that the victim's will was
overcome by force, fear, duress, or intimidation.
(C) In a prosecution under this section, proof that the
defendant engaged in sexual activity with any person, or solicited
sexual activity with any person, whether or not for hire, without
more, does not constitute a violation of this section.
(D) A prosecution for a violation of this section does not
preclude a prosecution of a violation of any other section of the
Revised Code. One or more acts, a series of acts, or a course of
behavior that can be prosecuted under this section or any other
section of the Revised Code may be prosecuted under this section,
the other section of the Revised Code, or both sections. However,
if an offender is convicted of or pleads guilty to a violation of
this section and also is convicted of or pleads guilty to any
other offense based on the same conduct involving the same victim
that was the basis of the violation of this section, the two
offenses are allied offenses of similar import under section
2941.25 of the Revised Code.
(E) Whoever violates this section is guilty of trafficking in
persons, a felony of the second degree.
Sec. 2905.33. (A) No person, without privilege to do so,
shall knowingly destroy, conceal, remove, confiscate, or possess
any actual or purported government identification document or
passport of another person in the course of a violation of, with
intent to violate, or with intent to facilitate a violation of
section 2905.01, 2905.02, 2905.32, 2907.21, 2907.22, 2907.32,
2907.321, 2907.322, or 2907.323 of the Revised Code.
(B) Whoever violates this section is guilty of unlawful
conduct with respect to documents, a felony of the third degree.
Sec. 2907.21. (A) No person shall knowingly do any of the
following:
(1) Compel another to engage in sexual activity for hire;
(2) Induce, procure, encourage, solicit, request, or
otherwise facilitate either of the following:
(a) A minor to engage in sexual activity for hire, whether or
not the offender knows the age of the minor;
(b) A person the offender believes to be a minor to engage in
sexual activity for hire, whether or not the person is a minor.
(3)(a) Pay or agree to pay a minor, either directly or
through the minor's agent, so that the minor will engage in sexual
activity, whether or not the offender knows the age of the minor;
(b) Pay or agree to pay a person the offender believes to be
a minor, either directly or through the person's agent, so that
the person will engage in sexual activity, whether or not the
person is a minor.
(4)(a) Pay a minor, either directly or through the minor's
agent, for the minor having engaged in sexual activity pursuant to
a prior agreement, whether or not the offender knows the age of
the minor;
(b) Pay a person the offender believes to be a minor, either
directly or through the person's agent, for the person having
engaged in sexual activity pursuant to a prior agreement, whether
or not the person is a minor.
(5)(a) Allow a minor to engage in sexual activity for hire if
the person allowing the child to engage in sexual activity for
hire is the parent, guardian, custodian, person having custody or
control, or person in loco parentis of the minor;
(b) Allow a person the offender believes to be a minor to
engage in sexual activity for hire if the person allowing the
person to engage in sexual activity for hire is the parent,
guardian, custodian, person having custody or control, or person
in loco parentis of the person the offender believes to be a
minor, whether or not the person is a minor.
(B) For a prosecution under division (A)(1) of this section,
the element "compel" does not require that the compulsion be
openly displayed or physically exerted. The element "compel" has
been established if the state proves that the victim's will was
overcome by force, fear, duress, or intimidation.
(C) Whoever violates this section is guilty of compelling
prostitution. Except as otherwise provided in this division,
compelling prostitution is a felony of the third degree. If the
offender commits a violation of division (A)(1) of this section
and the person compelled to engage in sexual activity for hire in
violation of that division is sixteen years of age or older but
less than sixteen eighteen years of age, compelling prostitution
is a felony of the second degree. If the offender commits a
violation of division (A)(1) of this section and the person
compelled to engage in sexual activity for hire in violation of
that division is less than sixteen years of age, compelling
prostitution is a felony of the first degree. If the offender in
any case also is convicted of or pleads guilty to a specification
as described in section 2941.1422 of the Revised Code that was
included in the indictment, count in the indictment, or
information charging the offense, the court shall sentence the
offender to a mandatory prison term as provided in division (D)(7)
of section 2929.14 of the Revised Code and shall order the
offender to make restitution as provided in division (B)(8) of
section 2929.18 of the Revised Code.
Sec. 2923.01. (A) No person, with purpose to commit or to
promote or facilitate the commission of aggravated murder, murder,
kidnapping, abduction, compelling prostitution, promoting
prostitution, trafficking in persons, aggravated arson, arson,
aggravated robbery, robbery, aggravated burglary, burglary,
engaging in a pattern of corrupt activity, corrupting another with
drugs, a felony drug trafficking, manufacturing, processing, or
possession offense, theft of drugs, or illegal processing of drug
documents, the commission of a felony offense of unauthorized use
of a vehicle, illegally transmitting multiple commercial
electronic mail messages or unauthorized access of a computer in
violation of section 2923.421 of the Revised Code, or the
commission of a violation of any provision of Chapter 3734. of the
Revised Code, other than section 3734.18 of the Revised Code, that
relates to hazardous wastes, shall do either of the following:
(1) With another person or persons, plan or aid in planning
the commission of any of the specified offenses;
(2) Agree with another person or persons that one or more of
them will engage in conduct that facilitates the commission of any
of the specified offenses.
(B) No person shall be convicted of conspiracy unless a
substantial overt act in furtherance of the conspiracy is alleged
and proved to have been done by the accused or a person with whom
the accused conspired, subsequent to the accused's entrance into
the conspiracy. For purposes of this section, an overt act is
substantial when it is of a character that manifests a purpose on
the part of the actor that the object of the conspiracy should be
completed.
(C) When the offender knows or has reasonable cause to
believe that a person with whom the offender conspires also has
conspired or is conspiring with another to commit the same
offense, the offender is guilty of conspiring with that other
person, even though the other person's identity may be unknown to
the offender.
(D) It is no defense to a charge under this section that, in
retrospect, commission of the offense that was the object of the
conspiracy was impossible under the circumstances.
(E) A conspiracy terminates when the offense or offenses that
are its objects are committed or when it is abandoned by all
conspirators. In the absence of abandonment, it is no defense to a
charge under this section that no offense that was the object of
the conspiracy was committed.
(F) A person who conspires to commit more than one offense is
guilty of only one conspiracy, when the offenses are the object of
the same agreement or continuous conspiratorial relationship.
(G) When a person is convicted of committing or attempting to
commit a specific offense or of complicity in the commission of or
attempt to commit the specific offense, the person shall not be
convicted of conspiracy involving the same offense.
(H)(1) No person shall be convicted of conspiracy upon the
testimony of a person with whom the defendant conspired,
unsupported by other evidence.
(2) If a person with whom the defendant allegedly has
conspired testifies against the defendant in a case in which the
defendant is charged with conspiracy and if the testimony is
supported by other evidence, the court, when it charges the jury,
shall state substantially the following:
"The testimony of an accomplice that is supported by other
evidence does not become inadmissible because of the accomplice's
complicity, moral turpitude, or self-interest, but the admitted or
claimed complicity of a witness may affect the witness'
credibility and make the witness' testimony subject to grave
suspicion, and require that it be weighed with great caution.
It is for you, as jurors, in the light of all the facts
presented to you from the witness stand, to evaluate such
testimony and to determine its quality and worth or its lack of
quality and worth."
(3) "Conspiracy," as used in division (H)(1) of this section,
does not include any conspiracy that results in an attempt to
commit an offense or in the commission of an offense.
(I) The following are affirmative defenses to a charge of
conspiracy:
(1) After conspiring to commit an offense, the actor thwarted
the success of the conspiracy under circumstances manifesting a
complete and voluntary renunciation of the actor's criminal
purpose.
(2) After conspiring to commit an offense, the actor
abandoned the conspiracy prior to the commission of or attempt to
commit any offense that was the object of the conspiracy, either
by advising all other conspirators of the actor's abandonment, or
by informing any law enforcement authority of the existence of the
conspiracy and of the actor's participation in the conspiracy.
(J) Whoever violates this section is guilty of conspiracy,
which is one of the following:
(1) A felony of the first degree, when one of the objects of
the conspiracy is aggravated murder, murder, or an offense for
which the maximum penalty is imprisonment for life;
(2) A felony of the next lesser degree than the most serious
offense that is the object of the conspiracy, when the most
serious offense that is the object of the conspiracy is a felony
of the first, second, third, or fourth degree;
(3) A felony punishable by a fine of not more than
twenty-five thousand dollars or imprisonment for not more than
eighteen months, or both, when the offense that is the object of
the conspiracy is a violation of any provision of Chapter 3734. of
the Revised Code, other than section 3734.18 of the Revised Code,
that relates to hazardous wastes;
(4) A misdemeanor of the first degree, when the most serious
offense that is the object of the conspiracy is a felony of the
fifth degree.
(K) This section does not define a separate conspiracy
offense or penalty where conspiracy is defined as an offense by
one or more sections of the Revised Code, other than this section.
In such a case, however:
(1) With respect to the offense specified as the object of
the conspiracy in the other section or sections, division (A) of
this section defines the voluntary act or acts and culpable mental
state necessary to constitute the conspiracy;
(2) Divisions (B) to (I) of this section are incorporated by
reference in the conspiracy offense defined by the other section
or sections of the Revised Code.
(L)(1) In addition to the penalties that otherwise are
imposed for conspiracy, a person who is found guilty of conspiracy
to engage in a pattern of corrupt activity is subject to divisions
(B)(2) and (3) of section 2923.32, division (A) of section
2981.04, and division (D) of section 2981.06 of the Revised Code.
(2) If a person is convicted of or pleads guilty to
conspiracy and if the most serious offense that is the object of
the conspiracy is a felony drug trafficking, manufacturing,
processing, or possession offense, in addition to the penalties or
sanctions that may be imposed for the conspiracy under division
(J)(2) or (4) of this section and Chapter 2929. of the Revised
Code, both of the following apply:
(a) The provisions of divisions (D), (F), and (G) of section
2925.03, division (D) of section 2925.04, division (D) of section
2925.05, division (D) of section 2925.06, and division (E) of
section 2925.11 of the Revised Code that pertain to mandatory and
additional fines, driver's or commercial driver's license or
permit suspensions, and professionally licensed persons and that
would apply under the appropriate provisions of those divisions to
a person who is convicted of or pleads guilty to the felony drug
trafficking, manufacturing, processing, or possession offense that
is the most serious offense that is the basis of the conspiracy
shall apply to the person who is convicted of or pleads guilty to
the conspiracy as if the person had been convicted of or pleaded
guilty to the felony drug trafficking, manufacturing, processing,
or possession offense that is the most serious offense that is the
basis of the conspiracy.
(b) The court that imposes sentence upon the person who is
convicted of or pleads guilty to the conspiracy shall comply with
the provisions identified as being applicable under division
(L)(2) of this section, in addition to any other penalty or
sanction that it imposes for the conspiracy under division (J)(2)
or (4) of this section and Chapter 2929. of the Revised Code.
(M) As used in this section:
(1) "Felony drug trafficking, manufacturing, processing, or
possession offense" means any of the following that is a felony:
(a) A violation of section 2925.03, 2925.04, 2925.05, or
2925.06 of the Revised Code;
(b) A violation of section 2925.11 of the Revised Code that
is not a minor drug possession offense.
(2) "Minor drug possession offense" has the same meaning as
in section 2925.01 of the Revised Code.
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the
Revised Code:
(A) "Beneficial interest" means any of the following:
(1) The interest of a person as a beneficiary under a trust
in which the trustee holds title to personal or real property;
(2) The interest of a person as a beneficiary under any other
trust arrangement under which any other person holds title to
personal or real property for the benefit of such person;
(3) The interest of a person under any other form of express
fiduciary arrangement under which any other person holds title to
personal or real property for the benefit of such person.
"Beneficial interest" does not include the interest of a
stockholder in a corporation or the interest of a partner in
either a general or limited partnership.
(B) "Costs of investigation and prosecution" and "costs of
investigation and litigation" mean all of the costs incurred by
the state or a county or municipal corporation under sections
2923.31 to 2923.36 of the Revised Code in the prosecution and
investigation of any criminal action or in the litigation and
investigation of any civil action, and includes, but is not
limited to, the costs of resources and personnel.
(C) "Enterprise" includes any individual, sole
proprietorship, partnership, limited partnership, corporation,
trust, union, government agency, or other legal entity, or any
organization, association, or group of persons associated in fact
although not a legal entity. "Enterprise" includes illicit as well
as licit enterprises.
(D) "Innocent person" includes any bona fide purchaser of
property that is allegedly involved in a violation of section
2923.32 of the Revised Code, including any person who establishes
a valid claim to or interest in the property in accordance with
division (E) of section 2981.04 of the Revised Code, and any
victim of an alleged violation of that section or of any
underlying offense involved in an alleged violation of that
section.
(E) "Pattern of corrupt activity" means two or more incidents
of corrupt activity, whether or not there has been a prior
conviction, that are related to the affairs of the same
enterprise, are not isolated, and are not so closely related to
each other and connected in time and place that they constitute a
single event.
At least one of the incidents forming the pattern shall occur
on or after January 1, 1986. Unless any incident was an aggravated
murder or murder, the last of the incidents forming the pattern
shall occur within six years after the commission of any prior
incident forming the pattern, excluding any period of imprisonment
served by any person engaging in the corrupt activity.
For the purposes of the criminal penalties that may be
imposed pursuant to section 2923.32 of the Revised Code, at least
one of the incidents forming the pattern shall constitute a felony
under the laws of this state in existence at the time it was
committed or, if committed in violation of the laws of the United
States or of any other state, shall constitute a felony under the
law of the United States or the other state and would be a
criminal offense under the law of this state if committed in this
state.
(F) "Pecuniary value" means money, a negotiable instrument, a
commercial interest, or anything of value, as defined in section
1.03 of the Revised Code, or any other property or service that
has a value in excess of one hundred dollars.
(G) "Person" means any person, as defined in section 1.59 of
the Revised Code, and any governmental officer, employee, or
entity.
(H) "Personal property" means any personal property, any
interest in personal property, or any right, including, but not
limited to, bank accounts, debts, corporate stocks, patents, or
copyrights. Personal property and any beneficial interest in
personal property are deemed to be located where the trustee of
the property, the personal property, or the instrument evidencing
the right is located.
(I) "Corrupt activity" means engaging in, attempting to
engage in, conspiring to engage in, or soliciting, coercing, or
intimidating another person to engage in any of the following:
(1) Conduct defined as "racketeering activity" under the
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;
(2) Conduct constituting any of the following:
(a) A violation of section 1315.55, 1322.02, 2903.01,
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05,
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32,
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of
section 1707.44; division (A)(1) or (2) of section 2923.20;
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or
4719.06; division (C), (D), or (E) of section 4719.07; section
4719.08; or division (A) of section 4719.09 of the Revised Code.
(b) Any violation of section 3769.11, 3769.15, 3769.16, or
3769.19 of the Revised Code as it existed prior to July 1, 1996,
any violation of section 2915.02 of the Revised Code that occurs
on or after July 1, 1996, and that, had it occurred prior to that
date, would have been a violation of section 3769.11 of the
Revised Code as it existed prior to that date, or any violation of
section 2915.05 of the Revised Code that occurs on or after July
1, 1996, and that, had it occurred prior to that date, would have
been a violation of section 3769.15, 3769.16, or 3769.19 of the
Revised Code as it existed prior to that date.
(c) Any violation of section 2907.21, 2907.22, 2907.31,
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37
of the Revised Code, any violation of section 2925.11 of the
Revised Code that is a felony of the first, second, third, or
fourth degree and that occurs on or after July 1, 1996, any
violation of section 2915.02 of the Revised Code that occurred
prior to July 1, 1996, any violation of section 2915.02 of the
Revised Code that occurs on or after July 1, 1996, and that, had
it occurred prior to that date, would not have been a violation of
section 3769.11 of the Revised Code as it existed prior to that
date, any violation of section 2915.06 of the Revised Code as it
existed prior to July 1, 1996, or any violation of division (B) of
section 2915.05 of the Revised Code as it exists on and after July
1, 1996, when the proceeds of the violation, the payments made in
the violation, the amount of a claim for payment or for any other
benefit that is false or deceptive and that is involved in the
violation, or the value of the contraband or other property
illegally possessed, sold, or purchased in the violation exceeds
five hundred dollars, or any combination of violations described
in division (I)(2)(c) of this section when the total proceeds of
the combination of violations, payments made in the combination of
violations, amount of the claims for payment or for other benefits
that is false or deceptive and that is involved in the combination
of violations, or value of the contraband or other property
illegally possessed, sold, or purchased in the combination of
violations exceeds five hundred dollars;
(d) Any violation of section 5743.112 of the Revised Code
when the amount of unpaid tax exceeds one hundred dollars;
(e) Any violation or combination of violations of section
2907.32 of the Revised Code involving any material or performance
containing a display of bestiality or of sexual conduct, as
defined in section 2907.01 of the Revised Code, that is explicit
and depicted with clearly visible penetration of the genitals or
clearly visible penetration by the penis of any orifice when the
total proceeds of the violation or combination of violations, the
payments made in the violation or combination of violations, or
the value of the contraband or other property illegally possessed,
sold, or purchased in the violation or combination of violations
exceeds five hundred dollars;
(f) Any combination of violations described in division
(I)(2)(c) of this section and violations of section 2907.32 of the
Revised Code involving any material or performance containing a
display of bestiality or of sexual conduct, as defined in section
2907.01 of the Revised Code, that is explicit and depicted with
clearly visible penetration of the genitals or clearly visible
penetration by the penis of any orifice when the total proceeds of
the combination of violations, payments made in the combination of
violations, amount of the claims for payment or for other benefits
that is false or deceptive and that is involved in the combination
of violations, or value of the contraband or other property
illegally possessed, sold, or purchased in the combination of
violations exceeds five hundred dollars;
(g) Any violation of section 2905.32 of the Revised Code to
the extent the violation is not based solely on the same conduct
that constitutes corrupt activity pursuant to division (I)(2)(c)
of this section due to the conduct being in violation of section
2907.21 of the Revised Code.
(3) Conduct constituting a violation of any law of any state
other than this state that is substantially similar to the conduct
described in division (I)(2) of this section, provided the
defendant was convicted of the conduct in a criminal proceeding in
the other state;
(4) Animal or ecological terrorism;
(5)(a) Conduct constituting any of the following:
(i) Organized retail theft;
(ii) Conduct that constitutes one or more violations of any
law of any state other than this state, that is substantially
similar to organized retail theft, and that if committed in this
state would be organized retail theft, if the defendant was
convicted of or pleaded guilty to the conduct in a criminal
proceeding in the other state.
(b) By enacting division (I)(5)(a) of this section, it is the
intent of the general assembly to add organized retail theft and
the conduct described in division (I)(5)(a)(ii) of this section as
conduct constituting corrupt activity. The enactment of division
(I)(5)(a) of this section and the addition by division (I)(5)(a)
of this section of organized retail theft and the conduct
described in division (I)(5)(a)(ii) of this section as conduct
constituting corrupt activity does not limit or preclude, and
shall not be construed as limiting or precluding, any prosecution
for a violation of section 2923.32 of the Revised Code that is
based on one or more violations of section 2913.02 or 2913.51 of
the Revised Code, one or more similar offenses under the laws of
this state or any other state, or any combination of any of those
violations or similar offenses, even though the conduct
constituting the basis for those violations or offenses could be
construed as also constituting organized retail theft or conduct
of the type described in division (I)(5)(a)(ii) of this section.
(J) "Real property" means any real property or any interest
in real property, including, but not limited to, any lease of, or
mortgage upon, real property. Real property and any beneficial
interest in it is deemed to be located where the real property is
located.
(K) "Trustee" means any of the following:
(1) Any person acting as trustee under a trust in which the
trustee holds title to personal or real property;
(2) Any person who holds title to personal or real property
for which any other person has a beneficial interest;
(3) Any successor trustee.
"Trustee" does not include an assignee or trustee for an
insolvent debtor or an executor, administrator, administrator with
the will annexed, testamentary trustee, guardian, or committee,
appointed by, under the control of, or accountable to a court.
(L) "Unlawful debt" means any money or other thing of value
constituting principal or interest of a debt that is legally
unenforceable in this state in whole or in part because the debt
was incurred or contracted in violation of any federal or state
law relating to the business of gambling activity or relating to
the business of lending money at an usurious rate unless the
creditor proves, by a preponderance of the evidence, that the
usurious rate was not intentionally set and that it resulted from
a good faith error by the creditor, notwithstanding the
maintenance of procedures that were adopted by the creditor to
avoid an error of that nature.
(M) "Animal activity" means any activity that involves the
use of animals or animal parts, including, but not limited to,
hunting, fishing, trapping, traveling, camping, the production,
preparation, or processing of food or food products, clothing or
garment manufacturing, medical research, other research,
entertainment, recreation, agriculture, biotechnology, or service
activity that involves the use of animals or animal parts.
(N) "Animal facility" means a vehicle, building, structure,
nature preserve, or other premises in which an animal is lawfully
kept, handled, housed, exhibited, bred, or offered for sale,
including, but not limited to, a zoo, rodeo, circus, amusement
park, hunting preserve, or premises in which a horse or dog event
is held.
(O) "Animal or ecological terrorism" means the commission of
any felony that involves causing or creating a substantial risk of
physical harm to any property of another, the use of a deadly
weapon or dangerous ordnance, or purposely, knowingly, or
recklessly causing serious physical harm to property and that
involves an intent to obstruct, impede, or deter any person from
participating in a lawful animal activity, from mining, foresting,
harvesting, gathering, or processing natural resources, or from
being lawfully present in or on an animal facility or research
facility.
(P) "Research facility" means a place, laboratory,
institution, medical care facility, government facility, or public
or private educational institution in which a scientific test,
experiment, or investigation involving the use of animals or other
living organisms is lawfully carried out, conducted, or attempted.
(Q) "Organized retail theft" means the theft of retail
property with a retail value of five hundred dollars or more from
one or more retail establishments with the intent to sell,
deliver, or transfer that property to a retail property fence.
(R) "Retail property" means any tangible personal property
displayed, held, stored, or offered for sale in or by a retail
establishment.
(S) "Retail property fence" means a person who possesses,
procures, receives, or conceals retail property that was
represented to the person as being stolen or that the person knows
or believes to be stolen.
(T) "Retail value" means the full retail value of the retail
property. In determining whether the retail value of retail
property equals or exceeds five hundred dollars, the value of all
retail property stolen from the retail establishment or retail
establishments by the same person or persons within any
one-hundred-eighty-day period shall be aggregated.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to
division (A)(2) of this section, any facility other than an
offender's home or residence in which an offender is assigned to
live and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek
or maintain employment or may receive education, training,
treatment, or habilitation.
(b) It has received the appropriate license or certificate
for any specialized education, training, treatment, habilitation,
or other service that it provides from the government agency that
is responsible for licensing or certifying that type of education,
training, treatment, habilitation, or service.
(2) "Alternative residential facility" does not include a
community-based correctional facility, jail, halfway house, or
prison.
(B) "Basic probation supervision" means a requirement that
the offender maintain contact with a person appointed to supervise
the offender in accordance with sanctions imposed by the court or
imposed by the parole board pursuant to section 2967.28 of the
Revised Code. "Basic probation supervision" includes basic parole
supervision and basic post-release control supervision.
(C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and
"unit dose" have the same meanings as in section 2925.01 of the
Revised Code.
(D) "Community-based correctional facility" means a
community-based correctional facility and program or district
community-based correctional facility and program developed
pursuant to sections 2301.51 to 2301.58 of the Revised Code.
(E) "Community control sanction" means a sanction that is not
a prison term and that is described in section 2929.15, 2929.16,
2929.17, or 2929.18 of the Revised Code or a sanction that is not
a jail term and that is described in section 2929.26, 2929.27, or
2929.28 of the Revised Code. "Community control sanction" includes
probation if the sentence involved was imposed for a felony that
was committed prior to July 1, 1996, or if the sentence involved
was imposed for a misdemeanor that was committed prior to January
1, 2004.
(F) "Controlled substance," "marihuana," "schedule I," and
"schedule II" have the same meanings as in section 3719.01 of the
Revised Code.
(G) "Curfew" means a requirement that an offender during a
specified period of time be at a designated place.
(H) "Day reporting" means a sanction pursuant to which an
offender is required each day to report to and leave a center or
other approved reporting location at specified times in order to
participate in work, education or training, treatment, and other
approved programs at the center or outside the center.
(I) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised Code.
(J) "Drug and alcohol use monitoring" means a program under
which an offender agrees to submit to random chemical analysis of
the offender's blood, breath, or urine to determine whether the
offender has ingested any alcohol or other drugs.
(K) "Drug treatment program" means any program under which a
person undergoes assessment and treatment designed to reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to receive assessment and
treatment on an outpatient basis or may be required to reside at a
facility other than the person's home or residence while
undergoing assessment and treatment.
(L) "Economic loss" means any economic detriment suffered by
a victim as a direct and proximate result of the commission of an
offense and includes any loss of income due to lost time at work
because of any injury caused to the victim, and any property loss,
medical cost, or funeral expense incurred as a result of the
commission of the offense. "Economic loss" does not include
non-economic loss or any punitive or exemplary damages.
(M) "Education or training" includes study at, or in
conjunction with a program offered by, a university, college, or
technical college or vocational study and also includes the
completion of primary school, secondary school, and literacy
curricula or their equivalent.
(N) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code.
(O) "Halfway house" means a facility licensed by the division
of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the
Revised Code as a suitable facility for the care and treatment of
adult offenders.
(P) "House arrest" means a period of confinement of an
offender that is in the offender's home or in other premises
specified by the sentencing court or by the parole board pursuant
to section 2967.28 of the Revised Code and during which all of the
following apply:
(1) The offender is required to remain in the offender's home
or other specified premises for the specified period of
confinement, except for periods of time during which the offender
is at the offender's place of employment or at other premises as
authorized by the sentencing court or by the parole board.
(2) The offender is required to report periodically to a
person designated by the court or parole board.
(3) The offender is subject to any other restrictions and
requirements that may be imposed by the sentencing court or by the
parole board.
(Q) "Intensive probation supervision" means a requirement
that an offender maintain frequent contact with a person appointed
by the court, or by the parole board pursuant to section 2967.28
of the Revised Code, to supervise the offender while the offender
is seeking or maintaining necessary employment and participating
in training, education, and treatment programs as required in the
court's or parole board's order. "Intensive probation supervision"
includes intensive parole supervision and intensive post-release
control supervision.
(R) "Jail" means a jail, workhouse, minimum security jail, or
other residential facility used for the confinement of alleged or
convicted offenders that is operated by a political subdivision or
a combination of political subdivisions of this state.
(S) "Jail term" means the term in a jail that a sentencing
court imposes or is authorized to impose pursuant to section
2929.24 or 2929.25 of the Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction.
(T) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (E) of section
2903.06 or division (D) of section 2903.08 of the Revised Code,
division (E) or (G) of section 2929.24 of the Revised Code,
division (B) of section 4510.14 of the Revised Code, or division
(G) of section 4511.19 of the Revised Code or pursuant to any
other provision of the Revised Code that requires a term in a jail
for a misdemeanor conviction.
(U) "Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(V) "License violation report" means a report that is made by
a sentencing court, or by the parole board pursuant to section
2967.28 of the Revised Code, to the regulatory or licensing board
or agency that issued an offender a professional license or a
license or permit to do business in this state and that specifies
that the offender has been convicted of or pleaded guilty to an
offense that may violate the conditions under which the offender's
professional license or license or permit to do business in this
state was granted or an offense for which the offender's
professional license or license or permit to do business in this
state may be revoked or suspended.
(W) "Major drug offender" means an offender who is convicted
of or pleads guilty to the possession of, sale of, or offer to
sell any drug, compound, mixture, preparation, or substance that
consists of or contains at least one thousand grams of hashish; at
least one hundred grams of crack cocaine; at least one thousand
grams of cocaine that is not crack cocaine; at least two thousand
five hundred unit doses or two hundred fifty grams of heroin; at
least five thousand unit doses of L.S.D. or five hundred grams of
L.S.D. in a liquid concentrate, liquid extract, or liquid
distillate form; or at least one hundred times the amount of any
other schedule I or II controlled substance other than marihuana
that is necessary to commit a felony of the third degree pursuant
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised
Code that is based on the possession of, sale of, or offer to sell
the controlled substance.
(X) "Mandatory prison term" means any of the following:
(1) Subject to division (X)(2) of this section, the term in
prison that must be imposed for the offenses or circumstances set
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section
2929.13 and division (D) of section 2929.14 of the Revised Code.
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,
and 2925.11 of the Revised Code, unless the maximum or another
specific term is required under section 2929.14 or 2929.142 of the
Revised Code, a mandatory prison term described in this division
may be any prison term authorized for the level of offense.
(2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree felony OVI offense pursuant to division (G)(2) of
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19
of the Revised Code or the term of one, two, three, four, or five
years in prison that a sentencing court is required to impose
pursuant to division (G)(2) of section 2929.13 of the Revised
Code.
(3) The term in prison imposed pursuant to division (A) of
section 2971.03 of the Revised Code for the offenses and in the
circumstances described in division (F)(11) of section 2929.13 of
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section
2971.03 of the Revised Code and that term as modified or
terminated pursuant to section 2971.05 of the Revised Code.
(Y) "Monitored time" means a period of time during which an
offender continues to be under the control of the sentencing court
or parole board, subject to no conditions other than leading a
law-abiding life.
(Z) "Offender" means a person who, in this state, is
convicted of or pleads guilty to a felony or a misdemeanor.
(AA) "Prison" means a residential facility used for the
confinement of convicted felony offenders that is under the
control of the department of rehabilitation and correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code.
(BB) "Prison term" includes either of the following sanctions
for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the approval of,
the sentencing court pursuant to section 2929.20, 2967.26,
5120.031, 5120.032, or 5120.073 of the Revised Code.
(CC) "Repeat violent offender" means a person about whom both
of the following apply:
(1) The person is being sentenced for committing or for
complicity in committing any of the following:
(a) Aggravated murder, murder, any felony of the first or
second degree that is an offense of violence, or an attempt to
commit any of these offenses if the attempt is a felony of the
first or second degree;
(b) An offense under an existing or former law of this state,
another state, or the United States that is or was substantially
equivalent to an offense described in division (CC)(1)(a) of this
section.
(2) The person previously was convicted of or pleaded guilty
to an offense described in division (CC)(1)(a) or (b) of this
section.
(DD) "Sanction" means any penalty imposed upon an offender
who is convicted of or pleads guilty to an offense, as punishment
for the offense. "Sanction" includes any sanction imposed pursuant
to any provision of sections 2929.14 to 2929.18 or 2929.24 to
2929.28 of the Revised Code.
(EE) "Sentence" means the sanction or combination of
sanctions imposed by the sentencing court on an offender who is
convicted of or pleads guilty to an offense.
(FF) "Stated prison term" means the prison term, mandatory
prison term, or combination of all prison terms and mandatory
prison terms imposed by the sentencing court pursuant to section
2929.14, 2929.142, or 2971.03 of the Revised Code or under section
2919.25 of the Revised Code. "Stated prison term" includes any
credit received by the offender for time spent in jail awaiting
trial, sentencing, or transfer to prison for the offense and any
time spent under house arrest or house arrest with electronic
monitoring imposed after earning credits pursuant to section
2967.193 of the Revised Code.
(GG) "Victim-offender mediation" means a reconciliation or
mediation program that involves an offender and the victim of the
offense committed by the offender and that includes a meeting in
which the offender and the victim may discuss the offense, discuss
restitution, and consider other sanctions for the offense.
(HH) "Fourth degree felony OVI offense" means a violation of
division (A) of section 4511.19 of the Revised Code that, under
division (G) of that section, is a felony of the fourth degree.
(II) "Mandatory term of local incarceration" means the term
of sixty or one hundred twenty days in a jail, a community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony OVI offense pursuant to division (G)(1) of section 2929.13
of the Revised Code and division (G)(1)(d) or (e) of section
4511.19 of the Revised Code.
(JJ) "Designated homicide, assault, or kidnapping offense,"
"violent sex offense," "sexual motivation specification,"
"sexually violent offense," "sexually violent predator," and
"sexually violent predator specification" have the same meanings
as in section 2971.01 of the Revised Code.
(KK) "Sexually oriented offense," "child-victim oriented
offense," and "tier III sex offender/child-victim offender," have
the same meanings as in section 2950.01 of the Revised Code.
(LL) An offense is "committed in the vicinity of a child" if
the offender commits the offense within thirty feet of or within
the same residential unit as a child who is under eighteen years
of age, regardless of whether the offender knows the age of the
child or whether the offender knows the offense is being committed
within thirty feet of or within the same residential unit as the
child and regardless of whether the child actually views the
commission of the offense.
(MM) "Family or household member" has the same meaning as in
section 2919.25 of the Revised Code.
(NN) "Motor vehicle" and "manufactured home" have the same
meanings as in section 4501.01 of the Revised Code.
(OO) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code.
(PP) "Third degree felony OVI offense" means a violation of
division (A) of section 4511.19 of the Revised Code that, under
division (G) of that section, is a felony of the third degree.
(QQ) "Random drug testing" has the same meaning as in section
5120.63 of the Revised Code.
(RR) "Felony sex offense" has the same meaning as in section
2967.28 of the Revised Code.
(SS) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.
(TT) "Electronic monitoring" means monitoring through the use
of an electronic monitoring device.
(UU) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (UU)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (UU)(1)(a) of this section, can transmit continuously
those signals by a wireless or landline telephone connection to a
central monitoring computer of the type described in division
(UU)(1)(c) of this section, and can transmit continuously an
appropriate signal to that central monitoring computer if the
device has been turned off or altered without prior court approval
or otherwise tampered with. The device is designed specifically
for use in electronic monitoring, is not a converted wireless
phone or another tracking device that is clearly not designed for
electronic monitoring, and provides a means of text-based or voice
communication with the person.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by a wireless or
landline telephone connection by a receiver of the type described
in division (UU)(1)(b) of this section and can monitor
continuously the person to whom an electronic monitoring device of
the type described in division (UU)(1)(a) of this section is
attached.
(2) Any device that is not a device of the type described in
division (UU)(1) of this section and that conforms with all of the
following:
(a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved.
(VV) "Non-economic loss" means nonpecuniary harm suffered by
a victim of an offense as a result of or related to the commission
of the offense, including, but not limited to, pain and suffering;
loss of society, consortium, companionship, care, assistance,
attention, protection, advice, guidance, counsel, instruction,
training, or education; mental anguish; and any other intangible
loss.
(WW) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(XX) "Continuous alcohol monitoring" means the ability to
automatically test and periodically transmit alcohol consumption
levels and tamper attempts at least every hour, regardless of the
location of the person who is being monitored.
(YY) A person is "adjudicated a sexually violent predator" if
the person is convicted of or pleads guilty to a violent sex
offense and also is convicted of or pleads guilty to a sexually
violent predator specification that was included in the
indictment, count in the indictment, or information charging that
violent sex offense or if the person is convicted of or pleads
guilty to a designated homicide, assault, or kidnapping offense
and also is convicted of or pleads guilty to both a sexual
motivation specification and a sexually violent predator
specification that were included in the indictment, count in the
indictment, or information charging that designated homicide,
assault, or kidnapping offense.
(ZZ) An offense is "committed in proximity to a school" if
the offender commits the offense in a school safety zone or within
five hundred feet of any school building or the boundaries of any
school premises, regardless of whether the offender knows the
offense is being committed in a school safety zone or within five
hundred feet of any school building or the boundaries of any
school premises.
(AAA) "Human trafficking" means a scheme or plan to which all
of the following apply:
(1) Its object is to subject a victim or victims to
involuntary servitude, as defined in section 2905.31 of the
Revised Code, to compel a victim or victims to engage in sexual
activity for hire, to engage in a performance that is obscene,
sexually oriented, or nudity oriented, or to be a model or
participant in the production of material that is obscene,
sexually oriented, or nudity oriented.
(2) It involves at least two felony offenses, whether or not
there has been a prior conviction for any of the felony offenses,
to which all of the following apply:
(a) Each of the felony offenses is a violation of section
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),
(4), or (5) of section 2919.22 of the Revised Code or is a
violation of a law of any state other than this state that is
substantially similar to any of the sections or divisions of the
Revised Code identified in this division.
(b) At least one of the felony offenses was committed in this
state.
(c) The felony offenses are related to the same scheme or
plan, and are not isolated instances, and are not so closely
related to each other and connected in time and place that they
constitute a single event or transaction.
(BBB) "Material," "nudity," "obscene," "performance," and
"sexual activity" have the same meanings as in section 2907.01 of
the Revised Code.
(CCC) "Material that is obscene, sexually oriented, or nudity
oriented" means any material that is obscene, that shows a person
participating or engaging in sexual activity, masturbation, or
bestiality, or that shows a person in a state of nudity.
(DDD) "Performance that is obscene, sexually oriented, or
nudity oriented" means any performance that is obscene, that shows
a person participating or engaging in sexual activity,
masturbation, or bestiality, or that shows a person in a state of
nudity.
Sec. 2933.51. As used in sections 2933.51 to 2933.66 of the
Revised Code:
(A) "Wire communication" means an aural transfer that is made
in whole or in part through the use of facilities for the
transmission of communications by the aid of wires or similar
methods of connecting the point of origin of the communication and
the point of reception of the communication, including the use of
a method of connecting the point of origin and the point of
reception of the communication in a switching station, if the
facilities are furnished or operated by a person engaged in
providing or operating the facilities for the transmission of
communications. "Wire communication" includes an electronic
storage of a wire communication.
(B) "Oral communication" means an oral communication uttered
by a person exhibiting an expectation that the communication is
not subject to interception under circumstances justifying that
expectation. "Oral communication" does not include an electronic
communication.
(C) "Intercept" means the aural or other acquisition of the
contents of any wire, oral, or electronic communication through
the use of an interception device.
(D) "Interception device" means an electronic, mechanical, or
other device or apparatus that can be used to intercept a wire,
oral, or electronic communication. "Interception device" does not
mean any of the following:
(1) A telephone or telegraph instrument, equipment, or
facility, or any of its components, if the instrument, equipment,
facility, or component is any of the following:
(a) Furnished to the subscriber or user by a provider of wire
or electronic communication service in the ordinary course of its
business and being used by the subscriber or user in the ordinary
course of its business;
(b) Furnished by a subscriber or user for connection to the
facilities of a provider of wire or electronic communication
service and used in the ordinary course of that subscriber's or
user's business;
(c) Being used by a provider of wire or electronic
communication service in the ordinary course of its business or by
an investigative or law enforcement officer in the ordinary course
of the officer's duties that do not involve the interception of
wire, oral, or electronic communications.
(2) A hearing aid or similar device being used to correct
subnormal hearing to not better than normal.
(E) "Investigative officer" means any of the following:
(1) An officer of this state or a political subdivision of
this state, who is empowered by law to conduct investigations or
to make arrests for a designated offense;
(2) A person described in divisions (A)(11)(a) and (b) of
section 2901.01 of the Revised Code;
(3) An attorney authorized by law to prosecute or participate
in the prosecution of a designated offense;
(4) A secret service officer appointed pursuant to section
309.07 of the Revised Code;
(5) An officer of the United States, a state, or a political
subdivision of a state who is authorized to conduct investigations
pursuant to the "Electronic Communications Privacy Act of 1986,"
100 Stat. 1848-1857, 18 U.S.C. 2510-2521 (1986), as amended.
(F) "Interception warrant" means a court order that
authorizes the interception of wire, oral, or electronic
communications and that is issued pursuant to sections 2933.53 to
2933.56 of the Revised Code.
(G) "Contents," when used with respect to a wire, oral, or
electronic communication, includes any information concerning the
substance, purport, or meaning of the communication.
(H) "Communications common carrier" means a person who is
engaged as a common carrier for hire in intrastate, interstate, or
foreign communications by wire, radio, or radio transmission of
energy. "Communications common carrier" does not include, to the
extent that the person is engaged in radio broadcasting, a person
engaged in radio broadcasting.
(I) "Designated offense" means any of the following:
(1) A felony violation of section 1315.53, 1315.55, 2903.01,
2903.02, 2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 2905.32,
2907.02, 2907.21, 2907.22, 2909.02, 2909.03, 2909.04, 2909.22,
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01,
2911.02, 2911.11, 2911.12, 2913.02, 2913.04, 2913.42, 2913.51,
2915.02, 2915.03, 2917.01, 2917.02, 2921.02, 2921.03, 2921.04,
2921.32, 2921.34, 2923.20, 2923.32, 2925.03, 2925.04, 2925.05, or
2925.06 or of division (B) of section 2915.05 of the Revised Code;
(2) A violation of section 2919.23 of the Revised Code that,
had it occurred prior to July 1, 1996, would have been a violation
of section 2905.04 of the Revised Code as it existed prior to that
date;
(3) A felony violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense, as defined in section
2925.01 of the Revised Code;
(4) Complicity in the commission of a felony violation of a
section listed in division (I)(1), (2), or (3) of this section;
(5) An attempt to commit, or conspiracy in the commission of,
a felony violation of a section listed in division (I)(1), (2), or
(3) of this section, if the attempt or conspiracy is punishable by
a term of imprisonment of more than one year.
(J) "Aggrieved person" means a person who was a party to an
intercepted wire, oral, or electronic communication or a person
against whom the interception of the communication was directed.
(K) "Person" means a person, as defined in section 1.59 of
the Revised Code, or a governmental officer, employee, or entity.
(L) "Special need" means a showing that a licensed physician,
licensed practicing psychologist, attorney, practicing cleric,
journalist, or either spouse is personally engaging in continuing
criminal activity, was engaged in continuing criminal activity
over a period of time, or is committing, has committed, or is
about to commit, a designated offense, or a showing that specified
public facilities are being regularly used by someone who is
personally engaging in continuing criminal activity, was engaged
in continuing criminal activity over a period of time, or is
committing, has committed, or is about to commit, a designated
offense.
(M) "Journalist" means a person engaged in, connected with,
or employed by, any news media, including a newspaper, magazine,
press association, news agency, or wire service, a radio or
television station, or a similar media, for the purpose of
gathering, processing, transmitting, compiling, editing, or
disseminating news for the general public.
(N) "Electronic communication" means a transfer of a sign,
signal, writing, image, sound, datum, or intelligence of any
nature that is transmitted in whole or in part by a wire, radio,
electromagnetic, photoelectronic, or photo-optical system.
"Electronic communication" does not mean any of the following:
(1) A wire or oral communication;
(2) A communication made through a tone-only paging device;
(3) A communication from an electronic or mechanical tracking
device that permits the tracking of the movement of a person or
object.
(O) "User" means a person or entity that uses an electronic
communication service and is duly authorized by the provider of
the service to engage in the use of the electronic communication
service.
(P) "Electronic communications system" means a wire, radio,
electromagnetic, photoelectronic, or photo-optical facility for
the transmission of electronic communications, and a computer
facility or related electronic equipment for the electronic
storage of electronic communications.
(Q) "Electronic communication service" means a service that
provides to users of the service the ability to send or receive
wire or electronic communications.
(R) "Readily accessible to the general public" means, with
respect to a radio communication, that the communication is none
of the following:
(1) Scrambled or encrypted;
(2) Transmitted using a modulation technique, the essential
parameters of which have been withheld from the public with the
intention of preserving the privacy of the communication;
(3) Carried on a subcarrier or other signal subsidiary to a
radio transmission;
(4) Transmitted over a communications system provided by a
communications common carrier, unless the communication is a
tone-only paging system communication;
(5) Transmitted on a frequency allocated under part 25,
subpart D, E, or F of part 74, or part 94 of the Rules of the
Federal Communications Commission, as those provisions existed on
July 1, 1996, unless, in the case of a communication transmitted
on a frequency allocated under part 74 that is not exclusively
allocated to broadcast auxiliary services, the communication is a
two-way voice communication by radio.
(S) "Electronic storage" means a temporary, intermediate
storage of a wire or electronic communication that is incidental
to the electronic transmission of the communication, and a storage
of a wire or electronic communication by an electronic
communication service for the purpose of backup protection of the
communication.
(T) "Aural transfer" means a transfer containing the human
voice at a point between and including the point of origin and the
point of reception.
(U) "Pen register" means a device that records or decodes
electronic impulses that identify the numbers dialed, pulsed, or
otherwise transmitted on telephone lines to which the device is
attached.
(V) "Trap and trace device" means a device that captures the
incoming electronic or other impulses that identify the
originating number of an instrument or device from which a wire
communication or electronic communication was transmitted but that
does not intercept the contents of the wire communication or
electronic communication.
(W) "Judge of a court of common pleas" means a judge of that
court who is elected or appointed as a judge of general
jurisdiction or as a judge who exercises both general jurisdiction
and probate, domestic relations, or juvenile jurisdiction. "Judge
of a court of common pleas" does not mean a judge of that court
who is elected or appointed specifically as a probate, domestic
relations, or juvenile judge.
Section 2. That existing sections 2901.01, 2905.01, 2905.02,
2907.21, 2923.01, 2923.31, 2929.01, and 2933.51 of the Revised
Code are hereby repealed.
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