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Sub. H. B. No. 74 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 Hackett, Ruhl, Fedor, Driehaus, Sprague, Gonzales, Buchy, Antonio, Grossman, Pillich, Butler, Baker, Barborak, Barnes, Beck, Blair, Blessing, Boose, Brown, Burkley, Cera, Clyde, Conditt, Green, Hagan, C., Hall, Hill, Landis, McClain, McGregor, Milkovich, Patmon, Perales, Rogers, Sheehy, Smith, Terhar Speaker Batchelder
A BILL
To amend sections 2903.13, 2903.211, 2913.02, and
2917.21 of the Revised Code to expand the offenses
of menacing by stalking and telecommunications
harassment, to prohibit a person from knowingly
causing another person to believe that the
offender will cause physical harm or mental
distress to a family or household member of the
other person, to increase the penalty for assault
when the victim is a volunteer firefighter, and to
correct a cross reference in the theft statute to
special purchase articles.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2903.13, 2903.211, 2913.02, and
2917.21 of the Revised Code be amended to read as follows:
Sec. 2903.13. (A) No person shall knowingly cause or attempt
to cause physical harm to another or to another's unborn.
(B) No person shall recklessly cause serious physical harm to
another or to another's unborn.
(C)(1) Whoever violates this section is guilty of assault,
and the court shall sentence the offender as provided in this
division and divisions (C)(1), (2), (3), (4), (5), (6), (7), (8),
(9), and (10) of this section. Except as otherwise provided in
division (C)(2), (3), (4), (5), (6), (7), (8), or (9) of this
section, assault is a misdemeanor of the first degree.
(2) Except as otherwise provided in this division, if the
offense is committed by a caretaker against a functionally
impaired person under the caretaker's care, assault is a felony of
the fourth degree. If the offense is committed by a caretaker
against a functionally impaired person under the caretaker's care,
if the offender previously has been convicted of or pleaded guilty
to a violation of this section or section 2903.11 or 2903.16 of
the Revised Code, and if in relation to the previous conviction
the offender was a caretaker and the victim was a functionally
impaired person under the offender's care, assault is a felony of
the third degree.
(3) If the offense occurs in or on the grounds of a state
correctional institution or an institution of the department of
youth services, the victim of the offense is an employee of the
department of rehabilitation and correction or the department of
youth services, and the offense is committed by a person
incarcerated in the state correctional institution or by a person
institutionalized in the department of youth services institution
pursuant to a commitment to the department of youth services,
assault is a felony of the third degree.
(4) If the offense is committed in any of the following
circumstances, assault is a felony of the fifth degree:
(a) The offense occurs in or on the grounds of a local
correctional facility, the victim of the offense is an employee of
the local correctional facility or a probation department or is on
the premises of the facility for business purposes or as a
visitor, and the offense is committed by a person who is under
custody in the facility subsequent to the person's arrest for any
crime or delinquent act, subsequent to the person's being charged
with or convicted of any crime, or subsequent to the person's
being alleged to be or adjudicated a delinquent child.
(b) The offense occurs off the grounds of a state
correctional institution and off the grounds of an institution of
the department of youth services, the victim of the offense is an
employee of the department of rehabilitation and correction, the
department of youth services, or a probation department, the
offense occurs during the employee's official work hours and while
the employee is engaged in official work responsibilities, and the
offense is committed by a person incarcerated in a state
correctional institution or institutionalized in the department of
youth services who temporarily is outside of the institution for
any purpose, by a parolee, by an offender under transitional
control, under a community control sanction, or on an escorted
visit, by a person under post-release control, or by an offender
under any other type of supervision by a government agency.
(c) The offense occurs off the grounds of a local
correctional facility, the victim of the offense is an employee of
the local correctional facility or a probation department, the
offense occurs during the employee's official work hours and while
the employee is engaged in official work responsibilities, and the
offense is committed by a person who is under custody in the
facility subsequent to the person's arrest for any crime or
delinquent act, subsequent to the person being charged with or
convicted of any crime, or subsequent to the person being alleged
to be or adjudicated a delinquent child and who temporarily is
outside of the facility for any purpose or by a parolee, by an
offender under transitional control, under a community control
sanction, or on an escorted visit, by a person under post-release
control, or by an offender under any other type of supervision by
a government agency.
(d) The victim of the offense is a school teacher or
administrator or a school bus operator, and the offense occurs in
a school, on school premises, in a school building, on a school
bus, or while the victim is outside of school premises or a school
bus and is engaged in duties or official responsibilities
associated with the victim's employment or position as a school
teacher or administrator or a school bus operator, including, but
not limited to, driving, accompanying, or chaperoning students at
or on class or field trips, athletic events, or other school
extracurricular activities or functions outside of school
premises.
(5)(a) If the victim of the offense is a peace officer or an
investigator of the bureau of criminal identification and
investigation, a firefighter, or a person performing emergency
medical service, while in the performance of their official
duties, assault is a felony of the fourth degree.
(b) If the victim of the offense is a volunteer firefighter
who the offender knew or should have known was either a
firefighter or a volunteer firefighter while in the performance of
their official duties, assault is a felony of the fourth degree.
(6) If the victim of the offense is a peace officer or an
investigator of the bureau of criminal identification and
investigation and if the victim suffered serious physical harm as
a result of the commission of the offense, assault is a felony of
the fourth degree, and the court, pursuant to division (F) of
section 2929.13 of the Revised Code, shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of the
fourth degree that is at least twelve months in duration.
(7) 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, assault 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.
(8) If the victim of the offense is a health care
professional of a hospital, a health care worker of a hospital, or
a security officer of a hospital whom the offender knows or has
reasonable cause to know is a health care professional of a
hospital, a health care worker of a hospital, or a security
officer of a hospital, if the victim is engaged in the performance
of the victim's duties, and if the hospital offers de-escalation
or crisis intervention training for such professionals, workers,
or officers, assault is one of the following:
(a) Except as otherwise provided in division (C)(8)(b) of
this section, assault committed in the specified circumstances is
a misdemeanor of the first degree. Notwithstanding the fine
specified in division (A)(2)(b) of section 2929.28 of the Revised
Code for a misdemeanor of the first degree, in sentencing the
offender under this division and if the court decides to impose a
fine, the court may impose upon the offender a fine of not more
than five thousand dollars.
(b) If the offender previously has been convicted of or
pleaded guilty to one or more assault or homicide offenses
committed against hospital personnel, assault committed in the
specified circumstances is a felony of the fifth degree.
(9) If the victim of the offense is a judge, magistrate,
prosecutor, or court official or employee whom the offender knows
or has reasonable cause to know is a judge, magistrate,
prosecutor, or court official or employee, and if the victim is
engaged in the performance of the victim's duties, assault is one
of the following:
(a) Except as otherwise provided in division (C)(8)(b) of
this section, assault committed in the specified circumstances is
a misdemeanor of the first degree. In sentencing the offender
under this division, if the court decides to impose a fine,
notwithstanding the fine specified in division (A)(2)(b) of
section 2929.28 of the Revised Code for a misdemeanor of the first
degree, the court may impose upon the offender a fine of not more
than five thousand dollars.
(b) If the offender previously has been convicted of or
pleaded guilty to one or more assault or homicide offenses
committed against justice system personnel, assault committed in
the specified circumstances is a felony of the fifth degree.
(10) If an offender who is convicted of or pleads guilty to
assault when it is a misdemeanor also is convicted of or pleads
guilty to a specification as described in section 2941.1423 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 jail term as provided in
division (G) of section 2929.24 of the Revised Code.
If an offender who is convicted of or pleads guilty to
assault when it is a felony also is convicted of or pleads guilty
to a specification as described in section 2941.1423 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense, except as
otherwise provided in division (C)(6) of this section, the court
shall sentence the offender to a mandatory prison term as provided
in division (B)(8) of section 2929.14 of the Revised Code.
(D) As used in this section:
(1) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(2) "Firefighter" has the same meaning as in section 3937.41
of the Revised Code.
(3) "Emergency medical service" has the same meaning as in
section 4765.01 of the Revised Code.
(4) "Local correctional facility" means a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, a minimum security jail established under
section 341.23 or 753.21 of the Revised Code, or another county,
multicounty, municipal, municipal-county, or multicounty-municipal
facility used for the custody of persons arrested for any crime or
delinquent act, persons charged with or convicted of any crime, or
persons alleged to be or adjudicated a delinquent child.
(5) "Employee of a local correctional facility" means a
person who is an employee of the political subdivision or of one
or more of the affiliated political subdivisions that operates the
local correctional facility and who operates or assists in the
operation of the facility.
(6) "School teacher or administrator" means either of the
following:
(a) A person who is employed in the public schools of the
state under a contract described in section 3311.77 or 3319.08 of
the Revised Code in a position in which the person is required to
have a certificate issued pursuant to sections 3319.22 to 3319.311
of the Revised Code.
(b) A person who is employed by a nonpublic school for which
the state board of education prescribes minimum standards under
section 3301.07 of the Revised Code and who is certificated in
accordance with section 3301.071 of the Revised Code.
(7) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(8) "Escorted visit" means an escorted visit granted under
section 2967.27 of the Revised Code.
(9) "Post-release control" and "transitional control" have
the same meanings as in section 2967.01 of the Revised Code.
(10) "Investigator of the bureau of criminal identification
and investigation" has the same meaning as in section 2903.11 of
the Revised Code.
(11) "Health care professional" and "health care worker" have
the same meanings as in section 2305.234 of the Revised Code.
(12) "Assault or homicide offense committed against hospital
personnel" means a violation of this section or of section
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or
2903.14 of the Revised Code committed in circumstances in which
all of the following apply:
(a) The victim of the offense was a health care professional
of a hospital, a health care worker of a hospital, or a security
officer of a hospital.
(b) The offender knew or had reasonable cause to know that
the victim was a health care professional of a hospital, a health
care worker of a hospital, or a security officer of a hospital.
(c) The victim was engaged in the performance of the victim's
duties.
(d) The hospital offered de-escalation or crisis intervention
training for such professionals, workers, or officers.
(13) "De-escalation or crisis intervention training" means
de-escalation or crisis intervention training for health care
professionals of a hospital, health care workers of a hospital,
and security officers of a hospital to facilitate interaction with
patients, members of a patient's family, and visitors, including
those with mental impairments.
(14) "Assault or homicide offense committed against justice
system personnel" means a violation of this section or of section
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or
2903.14 of the Revised Code committed in circumstances in which
the victim of the offense was a judge, magistrate, prosecutor, or
court official or employee whom the offender knew or had
reasonable cause to know was a judge, magistrate, prosecutor, or
court official or employee, and the victim was engaged in the
performance of the victim's duties.
(15) "Court official or employee" means any official or
employee of a court created under the constitution or statutes of
this state or of a United States court located in this state.
(16) "Judge" means a judge of a court created under the
constitution or statutes of this state or of a United States court
located in this state.
(17) "Magistrate" means an individual who is appointed by a
court of record of this state and who has the powers and may
perform the functions specified in Civil Rule 53, Criminal Rule
19, or Juvenile Rule 40, or an individual who is appointed by a
United States court located in this state who has similar powers
and functions.
(18) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(19)(a) "Hospital" means, subject to division (D)(19)(b) of
this section, an institution classified as a hospital under
section 3701.01 of the Revised Code in which are provided to
patients diagnostic, medical, surgical, obstetrical, psychiatric,
or rehabilitation care or a hospital operated by a health
maintenance organization.
(b) "Hospital" does not include any of the following:
(i) A facility licensed under Chapter 3721. of the Revised
Code, a health care facility operated by the department of mental
health or the department of developmental disabilities, a health
maintenance organization that does not operate a hospital, or the
office of any private, licensed health care professional, whether
organized for individual or group practice;
(ii) An institution for the sick that is operated exclusively
for patients who use spiritual means for healing and for whom the
acceptance of medical care is inconsistent with their religious
beliefs, accredited by a national accrediting organization, exempt
from federal income taxation under section 501 of the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,
and providing twenty-four-hour nursing care pursuant to the
exemption in division (E) of section 4723.32 of the Revised Code
from the licensing requirements of Chapter 4723. of the Revised
Code.
(20) "Health maintenance organization" has the same meaning
as in section 3727.01 of the Revised Code.
(21) "Volunteer firefighter" has the same meaning as in
section 146.01 of the Revised Code.
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 a family
or household member of the other person or cause mental distress
to the other person or a family or household member of 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 form of written
communication or any electronic method of remotely transferring
information, including, but not limited to, any computer, computer
network, computer program, or computer system or
telecommunications device, shall post a message or use any
intentionally written or verbal graphic gesture with purpose to
urge do either of the following:
(a) Violate division (A)(1) of this section;
(b) 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,
use of intentionally written or verbal graphic gestures, or
receipt of information or data through the use of any form of
written communication or 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.
(11) "Family or household member" means any of the following:
(a) Any of the following who is residing or has resided with
the person against whom the act prohibited in division (A)(1) of
this section is committed:
(i) A spouse, a person living as a spouse, or a former spouse
of the person;
(ii) A parent, a foster parent, or a child of the person, or
another person related by consanguinity or affinity to the person;
(iii) A parent or a child of a spouse, person living as a
spouse, or former spouse of the person, or another person related
by consanguinity or affinity to a spouse, person living as a
spouse, or former spouse of the person.
(b) The natural parent of any child of whom the person
against whom the act prohibited in division (A)(1) of this section
is committed is the other natural parent or is the putative other
natural parent.
(12) "Person living as a spouse" means a person who is living
or has lived with the person against whom the act prohibited in
division (A)(1) of this section is committed in a common law
marital relationship, who otherwise is cohabiting with that
person, or who otherwise has cohabited with the person within five
years prior to the date of the alleged commission of the act in
question.
(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. 2913.02. (A) No person, with purpose to deprive the
owner of property or services, shall knowingly obtain or exert
control over either the property or services in any of the
following ways:
(1) Without the consent of the owner or person authorized to
give consent;
(2) Beyond the scope of the express or implied consent of the
owner or person authorized to give consent;
(B)(1) Whoever violates this section is guilty of theft.
(2) Except as otherwise provided in this division or division
(B)(3), (4), (5), (6), (7), (8), or (9) of this section, a
violation of this section is petty theft, a misdemeanor of the
first degree. If the value of the property or services stolen is
one thousand dollars or more and is less than seven thousand five
hundred dollars or if the property stolen is any of the property
listed in section 2913.71 of the Revised Code, a violation of this
section is theft, a felony of the fifth degree. If the value of
the property or services stolen is seven thousand five hundred
dollars or more and is less than one hundred fifty thousand
dollars, a violation of this section is grand theft, a felony of
the fourth degree. If the value of the property or services stolen
is one hundred fifty thousand dollars or more and is less than
seven hundred fifty thousand dollars, a violation of this section
is aggravated theft, a felony of the third degree. If the value of
the property or services is seven hundred fifty thousand dollars
or more and is less than one million five hundred thousand
dollars, a violation of this section is aggravated theft, a felony
of the second degree. If the value of the property or services
stolen is one million five hundred thousand dollars or more, a
violation of this section is aggravated theft of one million five
hundred thousand dollars or more, a felony of the first degree.
(3) Except as otherwise provided in division (B)(4), (5),
(6), (7), (8), or (9) of this section, if the victim of the
offense is an elderly person, disabled adult, active duty service
member, or spouse of an active duty service member, a violation of
this section is theft from a person in a protected class, and
division (B)(3) of this section applies. Except as otherwise
provided in this division, theft from a person in a protected
class is a felony of the fifth degree. If the value of the
property or services stolen is one thousand dollars or more and is
less than seven thousand five hundred dollars, theft from a person
in a protected class is a felony of the fourth degree. If the
value of the property or services stolen is seven thousand five
hundred dollars or more and is less than thirty-seven thousand
five hundred dollars, theft from a person in a protected class is
a felony of the third degree. If the value of the property or
services stolen is thirty-seven thousand five hundred dollars or
more and is less than one hundred fifty thousand dollars, theft
from a person in a protected class is a felony of the second
degree. If the value of the property or services stolen is one
hundred fifty thousand dollars or more, theft from a person in a
protected class is a felony of the first degree.
(4) If the property stolen is a firearm or dangerous
ordnance, a violation of this section is grand theft. Except as
otherwise provided in this division, grand theft when the property
stolen is a firearm or dangerous ordnance is a felony of the third
degree, and there is a presumption in favor of the court imposing
a prison term for the offense. If the firearm or dangerous
ordnance was stolen from a federally licensed firearms dealer,
grand theft when the property stolen is a firearm or dangerous
ordnance is a felony of the first degree. The offender shall serve
a prison term imposed for grand theft when the property stolen is
a firearm or dangerous ordnance consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(5) If the property stolen is a motor vehicle, a violation of
this section is grand theft of a motor vehicle, a felony of the
fourth degree.
(6) If the property stolen is any dangerous drug, a violation
of this section is theft of drugs, a felony of the fourth degree,
or, if the offender previously has been convicted of a felony drug
abuse offense, a felony of the third degree.
(7) If the property stolen is a police dog or horse or an
assistance dog and the offender knows or should know that the
property stolen is a police dog or horse or an assistance dog, a
violation of this section is theft of a police dog or horse or an
assistance dog, a felony of the third degree.
(8) If the property stolen is anhydrous ammonia, a violation
of this section is theft of anhydrous ammonia, a felony of the
third degree.
(9) Except as provided in division (B)(2) of this section
with respect to property with a value of seven thousand five
hundred dollars or more and division (B)(3) of this section with
respect to property with a value of one thousand dollars or more,
if the property stolen is a special purpose purchase article as
defined in section 4737.04 of the Revised Code or is a bulk
merchandise container as defined in section 4737.012 of the
Revised Code, a violation of this section is theft of a special
purpose purchase article or articles or theft of a bulk
merchandise container or containers, a felony of the fifth degree.
(10) In addition to the penalties described in division
(B)(2) of this section, if the offender committed the violation by
causing a motor vehicle to leave the premises of an establishment
at which gasoline is offered for retail sale without the offender
making full payment for gasoline that was dispensed into the fuel
tank of the motor vehicle or into another container, the court may
do one of the following:
(a) Unless division (B)(10)(b) of this section applies,
suspend for not more than six months the offender's driver's
license, probationary driver's license, commercial driver's
license, temporary instruction permit, or nonresident operating
privilege;
(b) If the offender's driver's license, probationary driver's
license, commercial driver's license, temporary instruction
permit, or nonresident operating privilege has previously been
suspended pursuant to division (B)(10)(a) of this section, impose
a class seven suspension of the offender's license, permit, or
privilege from the range specified in division (A)(7) of section
4510.02 of the Revised Code, provided that the suspension shall be
for at least six months.
(c) The court, in lieu of suspending the offender's driver's
or commercial driver's license, probationary driver's license,
temporary instruction permit, or nonresident operating privilege
pursuant to division (B)(10)(a) or (b) of this section, instead
may require the offender to perform community service for a number
of hours determined by the court.
(11) In addition to the penalties described in division
(B)(2) of this section, if the offender committed the violation by
stealing rented property or rental services, the court may order
that the offender make restitution pursuant to section 2929.18 or
2929.28 of the Revised Code. Restitution may include, but is not
limited to, the cost of repairing or replacing the stolen
property, or the cost of repairing the stolen property and any
loss of revenue resulting from deprivation of the property due to
theft of rental services that is less than or equal to the actual
value of the property at the time it was rented. Evidence of
intent to commit theft of rented property or rental services shall
be determined pursuant to the provisions of section 2913.72 of the
Revised Code.
(C) The sentencing court that suspends an offender's license,
permit, or nonresident operating privilege under division (B)(10)
of this section may grant the offender limited driving privileges
during the period of the suspension in accordance with Chapter
4510. of the Revised Code.
Sec. 2917.21. (A) No person shall knowingly make or cause to
be made a telecommunication, or knowingly permit a
telecommunication to be made from a telecommunications device
under the person's control, to another, if the caller does any of
the following:
(1) Fails to identify the caller to the recipient of the
telecommunication and makes Makes the telecommunication with
purpose to harass, intimidate, or abuse any person at the premises
to which the telecommunication is made, whether or not actual
communication takes place between the caller and a recipient;
(2) Describes, suggests, requests, or proposes that the
caller, the recipient of the telecommunication, or any other
person engage in sexual activity, and the recipient or another
person at the premises to which the telecommunication is made has
requested, in a previous telecommunication or in the immediate
telecommunication, that the caller not make a telecommunication to
the recipient or to the premises to which the telecommunication is
made;
(3) During the telecommunication, violates section 2903.21 of
the Revised Code;
(4) Knowingly states to the recipient of the
telecommunication that the caller intends to cause damage to or
destroy public or private property, and the recipient, any member
of the recipient's family, or any other person who resides at the
premises to which the telecommunication is made owns, leases,
resides, or works in, will at the time of the destruction or
damaging be near or in, has the responsibility of protecting, or
insures the property that will be destroyed or damaged;
(5) Knowingly makes the telecommunication to the recipient of
the telecommunication, to another person at the premises to which
the telecommunication is made, or to those premises, and the
recipient or another person at those premises previously has told
the caller not to make a telecommunication to those premises or to
any persons at those premises;
(6) Knowingly makes any comment, request, suggestion, or
proposal to the recipient of the telecommunication that is
threatening, intimidating, menacing, coercive, or obscene with the
intent to abuse, threaten, or harass the recipient;
(7) Without a lawful business purpose, knowingly interrupts
the telecommunication service of any person;
(8) Without a lawful business purpose, knowingly transmits to
any person, regardless of whether the telecommunication is heard
in its entirety, any file, document, or other communication that
prevents that person from using the person's telephone service or
electronic communication device;
(9) Knowingly makes any false statement concerning the death,
injury, illness, disfigurement, reputation, indecent conduct, or
criminal conduct of the recipient of the telecommunication or
family or household member of the recipient with purpose to abuse,
threaten, intimidate, or harass the recipient;
(10) Incites another person through a telecommunication or
other means to harass or participate in the harassment of a
person;
(11) Knowingly alarms the recipient by making a
telecommunication without a lawful purpose at an hour or hours
known to be inconvenient to the recipient and in an offensively or
repetitive manner.
(B)(1) No person shall make or cause to be made a
telecommunication, or permit a telecommunication to be made from a
telecommunications device under the person's control, with purpose
to abuse, threaten, or harass another person.
(2) No person shall knowingly post a text or audio statement
or an image on an internet web site or web page for the purpose of
abusing, threatening, or harassing another person.
(C)(1) Whoever violates this section is guilty of
telecommunications harassment.
(2) A violation of division (A)(1), (2), (3), or (5), (6),
(7), (8), (9), (10), or (11) or (B) of this section is a
misdemeanor of the first degree on a first offense and a felony of
the fifth degree on each subsequent offense.
(3) Except as otherwise provided in division (C)(3) of this
section, a violation of division (A)(4) of this section is a
misdemeanor of the first degree on a first offense and a felony of
the fifth degree on each subsequent offense. If a violation of
division (A)(4) of this section results in economic harm of one
thousand dollars or more but less than seven thousand five hundred
dollars, telecommunications harassment is a felony of the fifth
degree. If a violation of division (A)(4) of this section results
in economic harm of seven thousand five hundred dollars or more
but less than one hundred fifty thousand dollars,
telecommunications harassment is a felony of the fourth degree. If
a violation of division (A)(4) of this section results in economic
harm of one hundred fifty thousand dollars or more,
telecommunications harassment is a felony of the third degree.
(D) No cause of action may be asserted in any court of this
state against any provider of a telecommunications service,
interactive computer service as defined in section 230 of Title 47
of the United States Code, or information service, or against any
officer, employee, or agent of a telecommunication service,
interactive computer service as defined in section 230 of Title 47
of the United States Code, or information service, for any injury,
death, or loss to person or property that allegedly arises out of
the provider's, officer's, employee's, or agent's provision of
information, facilities, or assistance in accordance with the
terms of a court order that is issued in relation to the
investigation or prosecution of an alleged violation of this
section. A provider of a telecommunications service, interactive
computer service as defined in section 230 of Title 47 of the
United States Code, or information service, or an officer,
employee, or agent of a telecommunications service, interactive
computer service as defined in section 230 of Title 47 of the
United States Code, or information service, is immune from any
civil or criminal liability for injury, death, or loss to person
or property that allegedly arises out of the provider's,
officer's, employee's, or agent's provision of information,
facilities, or assistance in accordance with the terms of a court
order that is issued in relation to the investigation or
prosecution of an alleged violation of this section.
(E)(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 the person believes is, or
will be sent, in violation of this section.
(2) Division (E)(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 (E)(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.
(4) A provider or user of an interactive computer service, as
defined in section 230 of Title 47 of the United States Code,
shall neither be treated as the publisher or speaker of any
information provided by another information content provider, as
defined in section 230 of Title 47 of the United States Code, nor
held civilly or criminally liable for the creation or development
of information provided by another information content provider,
as defined in section 230 of Title 47 of the United States Code.
Nothing in this division shall be construed to protect a person
from liability to the extent that the person developed or created
any content in violation of this section.
(F) Divisions (A)(5) to (11) and (B)(2) of this section do
not apply to a person who, while employed or contracted by a
newspaper, magazine, press association, news agency, news wire
service, cable channel or cable operator, or radio or television
station, is gathering, processing, transmitting, compiling,
editing, or disseminating information for the general public
within the scope of the person's employment in that capacity or
the person's contractual authority in that capacity.
(G) As used in this section:
(1) "Economic harm" means all direct, incidental, and
consequential pecuniary harm suffered by a victim as a result of
criminal conduct. "Economic harm" includes, but is not limited to,
all of the following:
(a) All wages, salaries, or other compensation lost as a
result of the criminal conduct;
(b) The cost of all wages, salaries, or other compensation
paid to employees for time those employees are prevented from
working as a result of the criminal conduct;
(c) The overhead costs incurred for the time that a business
is shut down as a result of the criminal conduct;
(d) The loss of value to tangible or intangible property that
was damaged as a result of the criminal conduct.
(2) "Caller" means the person described in division (A) of
this section who makes or causes to be made a telecommunication or
who permits a telecommunication to be made from a
telecommunications device under that person's control.
(3) "Telecommunication" and "telecommunications device" have
the same meanings as in section 2913.01 of the Revised Code.
(4) "Sexual activity" has the same meaning as in section
2907.01 of the Revised Code.
(F)(5) "Family or household member" means any of the
following:
(a) Any of the following who is residing or has resided with
the recipient of the telecommunication against whom the act
prohibited in division (A)(9) of this section is committed:
(i) A spouse, a person living as a spouse, or a former spouse
of the recipient;
(ii) A parent, a foster parent, or a child of the recipient,
or another person related by consanguinity or affinity to the
recipient;
(iii) A parent or a child of a spouse, person living as a
spouse, or former spouse of the recipient, or another person
related by consanguinity or affinity to a spouse, person living as
a spouse, or former spouse of the recipient.
(b) The natural parent of any child of whom the recipient of
the telecommunication against whom the act prohibited in division
(A)(9) of this section is committed is the other natural parent or
is the putative other natural parent.
(6) "Person living as a spouse" means a person who is living
or has lived with the recipient of the telecommunication against
whom the act prohibited in division (A)(9) of this section is
committed in a common law marital relationship, who otherwise is
cohabiting with the recipient, or who otherwise has cohabited with
the recipient within five years prior to the date of the alleged
commission of the act in question.
(7) "Cable operator" has the same meaning as in section
1332.21 of the Revised Code.
(G) Nothing in this section prohibits a person from making a
telecommunication to a debtor that is in compliance with the "Fair
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C.
1692, as amended, or the "Telephone Consumer Protection Act," 105
Stat. 2395 (1991), 47 U.S.C. 227, as amended.
Section 2. That existing sections 2903.13, 2903.211,
2913.02, and 2917.21 of the Revised Code are hereby repealed.
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