Expand the offense of obstructing justice

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 544

2025-2026

Representatives Williams, Swearingen

Cosponsors: Representatives Hall, T.,
Lear, Miller, K., Johnson

To
amend section 2921.32 of the Revised Code
to
expand the offense of obstructing justice.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
section 2921.32 of the Revised Code be amended to read as follows:

Sec.
2921.32.
(A)
No person, with purpose to hinder the discovery, apprehension,

arrest,

prosecution,
conviction, or punishment of another for crime or to assist another
to benefit from the commission of a crime, and no person, with
purpose to hinder the discovery, apprehension,
arrest,

prosecution,
adjudication as a delinquent child, or disposition of a child for an
act that if committed by an adult would be a crime or to assist a
child to benefit from the commission of an act that if committed by
an adult would be a crime, shall do any of the following:

(1)
Harbor or conceal the other person or child;

(2)
Provide the other person or child with money, transportation, a
weapon, a disguise, or other means of avoiding discovery or
apprehension;

(3)
Warn the other person or child of impending discovery

or
,
arrest, or
apprehension;

(4)
Destroy or conceal physical evidence of the crime or act, or induce
any person to withhold testimony or information or to elude legal
process summoning the person to testify or supply evidence;

(5)
Communicate false information to any person;

(6)
Prevent or obstruct any person, by means of force, intimidation, or
deception, from performing any act to aid in the discovery,
apprehension,
arrest,

or
prosecution of the other person or child.

(B)
A person may be prosecuted for, and may be convicted of or
adjudicated a delinquent child for committing, a violation of
division (A) of this section regardless of whether the person or
child aided ultimately is apprehended for,
is
arrested for,
is
charged with, is convicted of, pleads guilty to, or is adjudicated a
delinquent child for committing the crime or act the person or child
aided committed. The crime or act the person or child aided committed
shall be used under division (C) of this section in determining the
penalty for the violation of division (A) of this section, regardless
of whether the person or child aided ultimately is apprehended for,

is
arrested for,
is
charged with, is convicted of, pleads guilty to, or is adjudicated a
delinquent child for committing the crime or act the person or child
aided committed.

(C)(1)
Whoever violates this section is guilty of obstructing justice.

(2)

If

Except
as provided in division (C)(7) of this section, if
the
crime committed by the person aided is a misdemeanor or if the act
committed by the child aided would be a misdemeanor if committed by
an adult, obstructing justice is a misdemeanor of the same degree as
the crime committed by the person aided or a misdemeanor of the same
degree that the act committed by the child aided would be if
committed by an adult.

(3)
Except as otherwise provided in divisions (C)(4), (5),
and

(6)
,

and
(7)
of
this section, if the crime committed by the person aided is a felony
or if the act committed by the child aided would be a felony if
committed by an adult, obstructing justice is a felony of the fifth
degree.

(4)
Except as otherwise provided in division (C)(6) of this section, if
the crime committed by the person aided is aggravated murder, murder,
or a felony of the first or second degree or if the act committed by
the child aided would be one of those offenses if committed by an
adult and if the offender knows or has reason to believe that the
crime committed by the person aided is one of those offenses or that
the act committed by the child aided would be one of those offenses
if committed by an adult, obstructing justice is a felony of the
third degree.

(5)
If the crime or act committed by the person or child aided is an act
of terrorism, obstructing justice is one of the following:

(a)
Except as provided in division (C)(5)(b) of this section, a felony of
the second degree;

(b)
If the act of terrorism resulted in the death of a person who was not
a participant in the act of terrorism, a felony of the first degree.

(6)
If the crime committed by the person is trafficking in persons or if
the act committed by the child aided would be trafficking in persons
if committed by an adult, obstructing justice is a felony of the
second degree.

(7)
If the violation of this section was an act that prevented or
obstructed an arrest of any person by any local, state, or federal
law enforcement agency, other than a federal law enforcement agency
engaged in immigration enforcement, obstructing justice is a felony
of the fifth degree. If the violation of this section was an act that
prevented or obstructed an arrest or detention of any person by a
federal law enforcement agency engaged in immigration enforcement,
obstructing justice is a felony of the third degree.

(D)
As used in this section:

(1)
"Adult" and "child" have the same meanings as in
section 2151.011 of the Revised Code.

(2)
"Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.

(3)
"Act of terrorism" has the same meaning as in section
2909.21 of the Revised Code.

Section
2.
That
existing section 2921.32 of the Revised Code is hereby repealed.