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Sub. H. B. No. 129 As Reported by the Senate Criminal Justice CommitteeAs Reported by the Senate Criminal Justice Committee
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors: Representatives Adams, J., Becker, Fedor, Hackett, Hayes, McGregor, Letson, Pillich, Winburn, Amstutz, Anielski, Baker, Beck, Bishoff, Blair, Brown, Buchy, Burkley, Butler, Carney, Derickson, Green, Grossman, Hagan, C., Hall, Heard, Johnson, McClain, Milkovich, O'Brien, Patmon, Retherford, Rogers, Romanchuk, Rosenberger, Ruhl, Sears, Sheehy, Slaby, Smith, Sprague, Stinziano, Wachtmann, Young Speaker Batchelder
A BILL
To amend sections 2903.21, 2903.211, and 2903.22 and
to enact section 2903.215 of the Revised Code to
specify that aggravated menacing, menacing by
stalking, and menacing include words or conduct
that are directed at or identify a corporation,
association, or other organization that employs
the victim or to which the victim belongs and to
authorize the corporation, association, or other
organization that employs two or more victims or
to which two or more victims belong to seek
protection orders in certain cases.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2903.21, 2903.211, and 2903.22 be
amended and section 2903.215 of the Revised Code be enacted to
read as follows:
Sec. 2903.21. (A) No person shall knowingly cause another to
believe that the offender will cause serious physical harm to the
person or property of the other person, the other person's unborn,
or a member of the other person's immediate family. In addition to
any other basis for the other person's belief that the offender
will cause serious physical harm to the person or property of the
other person, the other person's unborn, or a member of the other
person's immediate family, the other person's belief may be based
on words or conduct of the offender that are directed at or
identify a corporation, association, or other organization that
employs the other person or to which the other person belongs.
(B) Whoever violates this section is guilty of aggravated
menacing. Except as otherwise provided in this division,
aggravated menacing is a misdemeanor of the first degree. If the
victim of the offense is an officer or employee of a public
children services agency or a private child placing agency and the
offense relates to the officer's or employee's performance or
anticipated performance of official responsibilities or duties,
aggravated menacing is a felony of the fifth degree or, if the
offender previously has been convicted of or pleaded guilty to an
offense of violence, the victim of that prior offense was an
officer or employee of a public children services agency or
private child placing agency, and that prior offense related to
the officer's or employee's performance or anticipated performance
of official responsibilities or duties, a felony of the fourth
degree.
(C) As used in this section, "organization" includes an
entity that is a governmental employer.
Sec. 2903.211. (A)(1) No person by engaging in a pattern of
conduct shall knowingly cause another person to believe that the
offender will cause physical harm to the other person or cause
mental distress to the other person. In addition to any other
basis for the other person's belief that the offender will cause
physical harm to the other person or the other person's mental
distress, the other person's belief or mental distress may be
based on words or conduct of the offender that are directed at or
identify a corporation, association, or other organization that
employs the other person or to which the other person belongs.
(2) No person, through the use of any electronic method of
remotely transferring information, including, but not limited to,
any computer, computer network, computer program, or computer
system, shall post a message with purpose to urge or incite
another to commit a violation of division (A)(1) of this section.
(3) No person, with a sexual motivation, shall violate
division (A)(1) or (2) of this section.
(B) Whoever violates this section is guilty of menacing by
stalking.
(1) Except as otherwise provided in divisions (B)(2) and (3)
of this section, menacing by stalking is a misdemeanor of the
first degree.
(2) Menacing by stalking is a felony of the fourth degree if
any of the following applies:
(a) The offender previously has been convicted of or pleaded
guilty to a violation of this section or a violation of section
2911.211 of the Revised Code.
(b) In committing the offense under division (A)(1), (2), or
(3) of this section, the offender made a threat of physical harm
to or against the victim, or as a result of an offense committed
under division (A)(2) or (3) of this section, a third person
induced by the offender's posted message made a threat of physical
harm to or against the victim.
(c) In committing the offense under division (A)(1), (2), or
(3) of this section, the offender trespassed on the land or
premises where the victim lives, is employed, or attends school,
or as a result of an offense committed under division (A)(2) or
(3) of this section, a third person induced by the offender's
posted message trespassed on the land or premises where the victim
lives, is employed, or attends school.
(d) The victim of the offense is a minor.
(e) The offender has a history of violence toward the victim
or any other person or a history of other violent acts toward the
victim or any other person.
(f) While committing the offense under division (A)(1) of
this section or a violation of division (A)(3) of this section
based on conduct in violation of division (A)(1) of this section,
the offender had a deadly weapon on or about the offender's person
or under the offender's control. Division (B)(2)(f) of this
section does not apply in determining the penalty for a violation
of division (A)(2) of this section or a violation of division
(A)(3) of this section based on conduct in violation of division
(A)(2) of this section.
(g) At the time of the commission of the offense, the
offender was the subject of a protection order issued under
section 2903.213 or 2903.214 of the Revised Code, regardless of
whether the person to be protected under the order is the victim
of the offense or another person.
(h) In committing the offense under division (A)(1), (2), or
(3) of this section, the offender caused serious physical harm to
the premises at which the victim resides, to the real property on
which that premises is located, or to any personal property
located on that premises, or, as a result of an offense committed
under division (A)(2) of this section or an offense committed
under division (A)(3) of this section based on a violation of
division (A)(2) of this section, a third person induced by the
offender's posted message caused serious physical harm to that
premises, that real property, or any personal property on that
premises.
(i) Prior to committing the offense, the offender had been
determined to represent a substantial risk of physical harm to
others as manifested by evidence of then-recent homicidal or other
violent behavior, evidence of then-recent threats that placed
another in reasonable fear of violent behavior and serious
physical harm, or other evidence of then-present dangerousness.
(3) If the victim of the offense is an officer or employee of
a public children services agency or a private child placing
agency and the offense relates to the officer's or employee's
performance or anticipated performance of official
responsibilities or duties, menacing by stalking is either a
felony of the fifth degree or, if the offender previously has been
convicted of or pleaded guilty to an offense of violence, the
victim of that prior offense was an officer or employee of a
public children services agency or private child placing agency,
and that prior offense related to the officer's or employee's
performance or anticipated performance of official
responsibilities or duties, a felony of the fourth degree.
(C) Section 2919.271 of the Revised Code applies in relation
to a defendant charged with a violation of this section.
(D) As used in this section:
(1) "Pattern of conduct" means two or more actions or
incidents closely related in time, whether or not there has been a
prior conviction based on any of those actions or incidents, or
two or more actions or incidents closely related in time, whether
or not there has been a prior conviction based on any of those
actions or incidents, directed at one or more persons employed by
or belonging to the same corporation, association, or other
organization. Actions or incidents that prevent, obstruct, or
delay the performance by a public official, firefighter, rescuer,
emergency medical services person, or emergency facility person of
any authorized act within the public official's, firefighter's,
rescuer's, emergency medical services person's, or emergency
facility person's official capacity, or the posting of messages or
receipt of information or data through the use of an electronic
method of remotely transferring information, including, but not
limited to, a computer, computer network, computer program,
computer system, or telecommunications device, may constitute a
"pattern of conduct."
(2) "Mental distress" means any of the following:
(a) Any mental illness or condition that involves some
temporary substantial incapacity;
(b) Any mental illness or condition that would normally
require psychiatric treatment, psychological treatment, or other
mental health services, whether or not any person requested or
received psychiatric treatment, psychological treatment, or other
mental health services.
(3) "Emergency medical services person" is the singular of
"emergency medical services personnel" as defined in section
2133.21 of the Revised Code.
(4) "Emergency facility person" is the singular of "emergency
facility personnel" as defined in section 2909.04 of the Revised
Code.
(5) "Public official" has the same meaning as in section
2921.01 of the Revised Code.
(6) "Computer," "computer network," "computer program,"
"computer system," and "telecommunications device" have the same
meanings as in section 2913.01 of the Revised Code.
(7) "Post a message" means transferring, sending, posting,
publishing, disseminating, or otherwise communicating, or
attempting to transfer, send, post, publish, disseminate, or
otherwise communicate, any message or information, whether
truthful or untruthful, about an individual, and whether done
under one's own name, under the name of another, or while
impersonating another.
(8) "Third person" means, in relation to conduct as described
in division (A)(2) of this section, an individual who is neither
the offender nor the victim of the conduct.
(9) "Sexual motivation" has the same meaning as in section
2971.01 of the Revised Code.
(10) "Organization" includes an entity that is a governmental
employer.
(E) The state does not need to prove in a prosecution under
this section that a person requested or received psychiatric
treatment, psychological treatment, or other mental health
services in order to show that the person was caused mental
distress as described in division (D)(2)(b) of this section.
(F)(1) This section does not apply to a person solely because
the person provided access or connection to or from an electronic
method of remotely transferring information not under that
person's control, including having provided capabilities that are
incidental to providing access or connection to or from the
electronic method of remotely transferring the information, and
that do not include the creation of the content of the material
that is the subject of the access or connection. In addition, any
person providing access or connection to or from an electronic
method of remotely transferring information not under that
person's control shall not be liable for any action voluntarily
taken in good faith to block the receipt or transmission through
its service of any information that it believes is, or will be
sent, in violation of this section.
(2) Division (F)(1) of this section does not create an
affirmative duty for any person providing access or connection to
or from an electronic method of remotely transferring information
not under that person's control to block the receipt or
transmission through its service of any information that it
believes is, or will be sent, in violation of this section except
as otherwise provided by law.
(3) Division (F)(1) of this section does not apply to a
person who conspires with a person actively involved in the
creation or knowing distribution of material in violation of this
section or who knowingly advertises the availability of material
of that nature.
Sec. 2903.215. (A) As used in this section, "organization"
includes an entity that is a governmental employer.
(B) A corporation, association, or other organization that
employs two or more alleged victims of a violation of section
2903.21, 2923.211, or 2903.22 of the Revised Code or to which two
or more alleged victims of a violation of section 2903.21,
2923.211, or 2903.22 of the Revised Code belong may file a motion
for a temporary protection order pursuant to section 2903.213 of
the Revised Code on behalf of the corporation, association, or
other organization if the violation is based on words or conduct
of the offender that are directed at or identify the corporation,
association, or other organization.
(C) A corporation, association, or other organization that
employs two or more alleged victims of a violation of section
2923.211 of the Revised Code or to which two or more alleged
victims of a violation of section 2923.211 of the Revised Code
belong may file a petition for a protection order pursuant to
section 2903.214 of the Revised Code on behalf of the corporation,
association, or other organization if the violation is based on
words or conduct of the offender that are directed at or identify
the corporation, association, or other organization.
(D) An attorney who is licensed to practice law in this
state, on behalf of the corporation, association, or other
organization, may file an affidavit to provide sufficient
evidentiary support for the issuance of a temporary protection
order pursuant to section 2903.213 of the Revised Code or a
protection order pursuant to section 2903.214 of the Revised Code.
(E) Any temporary protection order issued pursuant to section
2903.213 of the Revised Code or any protection order issued
pursuant to section 2903.214 of the Revised Code shall specify
with particularity the location or persons to be protected by the
temporary protection order or the protection order.
Sec. 2903.22. (A) No person shall knowingly cause another to
believe that the offender will cause physical harm to the person
or property of the other person, the other person's unborn, or a
member of the other person's immediate family. In addition to any
other basis for the other person's belief that the offender will
cause physical harm to the person or property of the other person,
the other person's unborn, or a member of the other person's
immediate family, the other person's belief may be based on words
or conduct of the offender that are directed at or identify a
corporation, association, or other organization that employs the
other person or to which the other person belongs.
(B) Whoever violates this section is guilty of menacing.
Except as otherwise provided in this division, menacing is a
misdemeanor of the fourth degree. If the victim of the offense is
an officer or employee of a public children services agency or a
private child placing agency and the offense relates to the
officer's or employee's performance or anticipated performance of
official responsibilities or duties, menacing is a misdemeanor of
the first degree or, if the offender previously has been convicted
of or pleaded guilty to an offense of violence, the victim of that
prior offense was an officer or employee of a public children
services agency or private child placing agency, and that prior
offense related to the officer's or employee's performance or
anticipated performance of official responsibilities or duties, a
felony of the fourth degree.
(C) As used in this section, "organization" includes an
entity that is a governmental employer.
Section 2. That existing sections 2903.21, 2903.211, and
2903.22 of the Revised Code are hereby repealed.
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