Enhance penalties for offenses against a person with a disability

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 370

2025-2026

Senator Romanchuk

To
amend sections 2903.10, 2903.11, 2903.12, 2903.13, 2903.14, 2903.16,
2903.18, 2903.21, 2903.211, 2903.22, 2903.31, 2905.01, 2905.11,
2905.12, 2905.22, 2905.32, 2907.03, 2907.05, 2909.01, 2909.06,
2909.07, 2911.02, 2911.12, 2913.01, 2913.02, 2913.03, 2913.04,
2913.05, 2913.21, 2913.31, 2913.43, 2913.49, 2913.61, 2917.21, and
2919.25 of the Revised Code
to
enhance criminal penalties for offenses committed against a person
with a disability.

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

Section
1.
That
sections 2903.10, 2903.11, 2903.12, 2903.13, 2903.14, 2903.16,
2903.18, 2903.21, 2903.211, 2903.22, 2903.31, 2905.01, 2905.11,
2905.12, 2905.22, 2905.32, 2907.03, 2907.05, 2909.01, 2909.06,
2909.07, 2911.02, 2911.12, 2913.01, 2913.02, 2913.03, 2913.04,
2913.05, 2913.21, 2913.31, 2913.43, 2913.49, 2913.61, 2917.21, and
2919.25 of the Revised Code be amended to read as follows:

Sec.
2903.10.
As
used in sections
2903.13
and
2903.11
to 2903.14 and sections

2903.16

to 2903.31

of the Revised Code:

(A)

"Person
with a functional impairment" means any person who has a
physical or mental impairment that prevents the person from providing
for the person's own care or protection or whose infirmities caused
by aging prevent the person from providing for the person's own care
or protection.

(B)

"Caretaker"
means a person who assumes the duty to provide for the care and
protection of a person with a
functional
impairment
disability

on a voluntary basis, by contract, through receipt of payment for
care and protection, as a result of a family relationship, or by
order of a court of competent jurisdiction. "Caretaker"
does not include a person who owns, operates, or administers, or who
is an agent or employee of, a care facility, as defined in section
2903.33 of the Revised Code.

(B)
"Disability" has the same meaning as in section 4112.01 of
the Revised Code.

Sec.
2903.11.
(A)
No person shall knowingly do either of the following:

(1)
Cause serious physical harm to another or to another's unborn;

(2)
Cause or attempt to cause physical harm to another or to another's
unborn by means of a deadly weapon or dangerous ordnance.

(B)
No person, with knowledge that the person has tested positive as a
carrier of a virus that causes acquired immunodeficiency syndrome,
shall knowingly do any of the following:

(1)
Engage in sexual conduct with another person without disclosing that
knowledge to the other person prior to engaging in the sexual
conduct;

(2)
Engage in sexual conduct with a person whom the offender knows or has
reasonable cause to believe lacks the mental capacity to appreciate
the significance of the knowledge that the offender has tested
positive as a carrier of a virus that causes acquired
immunodeficiency syndrome;

(3)
Engage in sexual conduct with a person under eighteen years of age
who is not the spouse of the offender.

(C)
The prosecution of a person under this section does not preclude
prosecution of that person under section 2907.02 of the Revised Code.

(D)(1)(a)
Whoever violates this section is guilty of felonious assault. Except
as otherwise provided in this division or division (D)(1)(b) of this
section, felonious assault is a felony of the second degree. If the
victim of a violation of division (A) of this section is a peace
officer

or
,

an
investigator of the bureau of criminal identification and
investigation,

or a person with a disability and the offender knows or reasonably
should know that the victim is a person with a disability,

felonious assault is a felony of the first degree.

(b)
Regardless of whether the felonious assault is a felony of the first
or second degree under division (D)(1)(a) of this section, if the
offender 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 this division or unless
a longer prison term is required under any other provision of law,
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.
If the victim of the offense is a peace officer

or
,

an investigator of the bureau of criminal identification and
investigation,

or a person with a disability and the offender knows or reasonably
should know that the victim is a person with a disability,

and if the victim suffered serious physical harm as a result of the
commission of the offense, felonious assault is a felony of the first
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
definite prison terms prescribed for a felony of the first degree in
division (A)(1)(b) of section 2929.14 of the Revised Code, except
that if the violation is committed on or after

the effective date of this amendment

March 22, 2019
,
the court shall impose as the minimum prison term for the offense a
mandatory prison term that is one of the minimum terms prescribed for
a felony of the first degree in division (A)(1)(a) of section 2929.14
of the Revised Code.

(2)
In addition to any other sanctions imposed pursuant to division
(D)(1) of this section for felonious assault committed in violation
of division (A)(1) or (2) of this section, if the offender also is
convicted of or pleads guilty to a specification of the type
described in section 2941.1425 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 under division (B)(9) of section 2929.14 of the Revised
Code.

(3)
If the victim of a felonious assault committed in violation of
division (A) of this section is a child under ten years of age and if
the offender also is convicted of or pleads guilty to a specification
of the type described in section 2941.1426 of the Revised Code that
was included in the indictment, count in the indictment, or
information charging the offense, in addition to any other sanctions
imposed pursuant to division (D)(1) of this section, the court shall
sentence the offender to a mandatory prison term pursuant to division
(B)(10) of section 2929.14 of the Revised Code.

(4)
In addition to any other sanctions imposed pursuant to division
(D)(1) of this section for felonious assault committed in violation
of division (A)(2) of this section, if the deadly weapon used in the
commission of the violation is a motor vehicle, the court shall
impose upon the offender a class two suspension of the offender's
driver's license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege as
specified in division (A)(2) of section 4510.02 of the Revised Code.

(E)
As used in this section:

(1)
"Deadly weapon" and "dangerous ordnance" have the
same meanings as in section 2923.11 of the Revised Code.

(2)
"Motor vehicle" has the same meaning as in section 4501.01
of the Revised Code.

(3)
"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.

(4)
"Sexual conduct" has the same meaning as in section 2907.01
of the Revised Code, except that, as used in this section, it does
not include the insertion of an instrument, apparatus, or other
object that is not a part of the body into the vaginal or anal
opening of another, unless the offender knew at the time of the
insertion that the instrument, apparatus, or other object carried the
offender's bodily fluid.

(5)
"Investigator of the bureau of criminal identification and
investigation" means an investigator of the bureau of criminal
identification and investigation who is commissioned by the
superintendent of the bureau as a special agent for the purpose of
assisting law enforcement officers or providing emergency assistance
to peace officers pursuant to authority granted under section 109.541
of the Revised Code.

(6)
"Investigator" has the same meaning as in section 109.541
of the Revised Code.

(F)
The provisions of division (D)(2) of this section and of division
(F)(20) of section 2929.13, divisions (B)(9) and (C)(6) of section
2929.14, and section 2941.1425 of the Revised Code shall be known as
"Judy's Law."

Sec.
2903.12.
(A)
No person, while under the influence of sudden passion or in a sudden
fit of rage, either of which is brought on by serious provocation
occasioned by the victim that is reasonably sufficient to incite the
person into using deadly force, shall knowingly:

(1)
Cause serious physical harm to another or to another's unborn;

(2)
Cause or attempt to cause physical harm to another or to another's
unborn by means of a deadly weapon or dangerous ordnance, as defined
in section 2923.11 of the Revised Code.

(B)
Whoever violates this section is guilty of aggravated assault. Except
as otherwise provided in this division, aggravated assault is a
felony of the fourth degree. If the victim of the offense is a peace
officer

or
,

an
investigator of the bureau of criminal identification and
investigation,

or a person with a disability and the offender knows or reasonably
should know that the victim is a person with a disability,

aggravated assault is a felony of the third degree. Regardless of
whether the offense is a felony of the third or fourth degree under
this division, if the offender 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
this division, 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. If the victim of the offense is a peace officer

or
,

an investigator of the bureau of criminal identification and
investigation,

or a person with a disability and the offender knows or reasonably
should know that the victim is a person with a disability,

and if the victim suffered serious physical harm as a result of the
commission of the offense, aggravated assault is a felony of the
third 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 definite prison terms prescribed in division (A)(3)(b) of
section 2929.14 of the Revised Code for a felony of the third degree.

(C)
As used in this section:

(1)
"Investigator of the bureau of criminal identification and
investigation" has the same meaning as in section 2903.11 of the
Revised Code.

(2)
"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.

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 person with a functional
impairment under the caretaker's care
victim
is a person with a disability and the offender knows or reasonably
should know that the victim is a person with a disability
,
assault is a felony of the fourth degree. If the
offense
is committed by a caretaker against a person with a functional
impairment under the caretaker's care
victim
is a person with a disability and the offender knows or reasonably
should know that the victim is a person with a disability
,
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 person with a functional
impairment under the offender's care
victim
was a person with a disability and the offender knew or reasonably
should have known that the victim was a person with a disability
,
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)
If the assault is committed in any of the following circumstances,
assault is a felony of the fourth degree:

(a)
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 the officer's, investigator's, firefighter's,
or person's official duties.

(b)
The victim of the offense is an emergency service responder, the
offender knows or reasonably should know that the victim is an
emergency service responder, and it is the offender's specific
purpose to commit the offense against an emergency service responder.

(c)
The victim of the offense is a family or household member or
co-worker of a person who is an emergency service responder, the
offender knows or reasonably should know that the victim is a family
or household member or co-worker of an emergency service responder,
and it is the offender's specific purpose to commit the offense
against a family or household member or co-worker of an emergency
service responder.

(6)
If the offense is a felony of the fourth degree under division
(C)(5)(a) of this section, 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, 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)(a) 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)(9)(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)(a) 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 (F) 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)
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 a violation of section 2903.22 of
the Revised Code 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)
As used in this section:

(1)
"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.

(2)
"Firefighter" means any person who is a firefighter as
defined in section 3937.41 of the Revised Code and, for purposes of
division (E)(21) of this section, also includes a member of a fire
department as defined in section 742.01 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 director
of education and workforce 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 (E)(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 and
addiction services 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)
"Emergency service responder" means any law enforcement
officer, first responder, emergency medical technician-basic,
emergency medical technician-intermediate, emergency medical
technician-paramedic, firefighter, or volunteer firefighter.

(22)
"Family or household member" means any of the following:

(a)
Any of the following who is residing or has resided with a person who
is employed as an emergency service responder:

(i)
A spouse, a person living as a spouse, or a former spouse of a person
who is employed as an emergency service responder;

(ii)
A parent, a foster parent, or a child of a person who is employed as
an emergency service responder, or another person related by
consanguinity or affinity to a person who is employed as an emergency
service responder;

(iii)
A parent or a child of a spouse, person living as a spouse, or former
spouse of a person who is employed as an emergency service responder,
or another person related by consanguinity or affinity to a spouse,
person living as a spouse, or former spouse of a person who is
employed as an emergency service responder.

(b)
The natural parent of any child of whom a person who is employed as
an emergency service responder is the other natural parent or is the
putative other natural parent.

(23)
"First responder," "emergency medical
technician-basic," "emergency medical
technician-intermediate," and "emergency medical
technician-paramedic" have the same meanings as in section
4765.01 of the Revised Code.

(24)
"Volunteer firefighter" has the same meaning as in section
146.01 of the Revised Code.

(25)
"Person living as a spouse" means a person who is living or
has lived with a person who is employed as an emergency service
responder in a common law marital relationship, who otherwise is
cohabiting with a person who is employed as an emergency service
responder, or who otherwise has cohabited with a person who is
employed as an emergency service responder within five years prior to
the date of the alleged commission of the act in question.

(26)
"Co-worker" means a person who is employed by the
organization or entity that is served by a person who is employed as
an emergency service responder.

Sec.
2903.14.
(A)
No person shall negligently, by means of a deadly weapon or dangerous
ordnance as defined in section 2923.11 of the Revised Code, cause
physical harm to another or to another's unborn.

(B)
Whoever violates this section is guilty of negligent assault
,
.
Except as otherwise provided in this division, negligent assault is

a misdemeanor of the third degree.

If the victim is a person with a disability and the offender knows or
reasonably should know that the victim is a person with a disability,
negligent assault is a misdemeanor of the second degree.

Sec.
2903.16.
(A)
No caretaker shall knowingly fail to provide a person with a

functional
impairment
disability,
who the caretaker knows or reasonably should know is a person with a
disability,
under
the caretaker's care with any treatment, care, goods, or service that
is necessary to maintain the health or safety of the person with a

functional
impairment
disability

when
this failure results in physical harm or serious physical harm to the
person with a
functional
impairment
disability
.

(B)
No caretaker shall recklessly fail to provide a person with a

functional
impairment
disability,
who the caretaker knows or reasonably should know is a person with a
disability,
under
the caretaker's care with any treatment, care, goods, or service that
is necessary to maintain the health or safety of the person with a

functional
impairment
disability

when
this failure results in serious physical harm to the person with a

functional
impairment
disability
.

(C)(1)
Whoever violates division (A) of this section is guilty of knowingly
failing to provide for a person with a
functional
impairment
disability
,
a misdemeanor of the first degree. If the person with a
functional
impairment
disability

under
the offender's care suffers serious physical harm as a result of the
violation of this section, a violation of division (A) of this
section is a felony of the fourth degree.

(2)
Whoever violates division (B) of this section is guilty of recklessly
failing to provide for a person with a
functional
impairment
disability
,
a misdemeanor of the second degree. If the person with a
functional
impairment
disability

under
the offender's care suffers serious physical harm as a result of the
violation of this section, a violation of division (B) of this
section is a felony of the fourth degree.

Sec.
2903.18.
(A)
As used in this section:

(1)
"Strangulation or suffocation" means any act that impedes
the normal breathing or circulation of the blood by applying pressure
to the throat or neck, or by covering the nose and mouth.

(2)
"Dating relationship" has the same meaning as in section
3113.31 of the Revised Code.

(3)
"Family or household member" has the same meaning as in
section 2919.25 of the Revised Code.

(4)
"Person with whom the offender is or was in a dating
relationship" means a person who at the time of the conduct in
question is in a dating relationship with the defendant or who,
within the twelve months preceding the conduct in question, has had a
dating relationship with the defendant.

(B)
No person shall knowingly do any of the following:

(1)
Cause serious physical harm to another by means of strangulation or
suffocation;

(2)
Create a substantial risk of serious physical harm to another by
means of strangulation or suffocation;

(3)
Cause or create a substantial risk of physical harm to another by
means of strangulation or suffocation.

(C)
Whoever violates this section is guilty of strangulation.

(1)

A
Except
as otherwise provided in this division, a

violation of division (B)(1) of this section is a felony of the
second degree.
If
the victim of a violation of division (B)(1) of this section is a
person with a disability, and the offender knows or reasonably should
know that the victim is a person with a disability, a violation of
division (B)(1) of this section is a felony of the first degree.

(2)

A
Except
as otherwise provided in this division, a

violation of division (B)(2) of this section is a felony of the third
degree.

If the victim of a violation of division (B)(2) of this section is a
person with a disability, and the offender knows or reasonably should
know that the victim is a person with a disability, a violation of
division (B)(2) of this section is a felony of the second degree.

(3)

A
Except
as otherwise provided in this division, a

violation of division (B)(3) of this section is a felony of the fifth
degree. If the victim of
the
a

violation of division (B)(3) of this section is a family or household
member,
or

is
a person with whom the offender is or was in a dating relationship,

or is a person with a disability and the offender knows or reasonably
should know that the victim is a person with a disability,

a violation of division (B)(3) of this section is a felony of the
fourth degree. If the victim of the offense is a family or household
member,
or

is
a person with whom the offender is or was in a dating relationship,

or is a person with a disability and the offender knows or reasonably
should know that the victim is a person with a disability,

and the offender previously has been convicted of or pleaded guilty
to a felony offense of violence, or if the offender knew that the
victim of the violation was pregnant at the time of the violation, a
violation of division (B)(3) of this section is a felony of the third
degree.

(D)
It is an affirmative defense to a charge under division (B) of this
section that the act was done as part of a medical or other procedure
undertaken to aid or benefit the victim.

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

a person with a disability, and the offender knows or reasonably
should know that the victim is a person with a disability, aggravated
menacing is a felony of the fifth 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 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 family or household
member or mental distress to the other person or the other person's
family or household member, 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, computer system, or telecommunication device shall
post a message or use any intentionally written or verbal graphic
gesture with purpose to 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)
,
and (4)

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.

(4)
If the victim of the offense is a person with a disability and the
offender knows or reasonably should know that the victim is a person
with a disability, menacing by stalking is a felony of the fifth
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.
2903.22.
(A)(1)
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.

(2)
No person shall knowingly place or attempt to place another in
reasonable fear of physical harm or death by displaying a deadly
weapon, regardless of whether the deadly weapon displayed is operable
or inoperable, if
either
any

of the following
applies
apply
:

(a)
The other person is an emergency service responder, the person knows
or reasonably should know that the other person is an emergency
service responder, and it is the person's specific purpose to engage
in the specified conduct against an emergency service responder.

(b)
The other person is a family or household member or co-worker of an
emergency service responder, the person knows or reasonably should
know that the other person is a family or household member or
co-worker of an emergency service responder, and it is the person's
specific purpose to engage in the specified conduct against a family
or household member or co-worker of an emergency service responder.

(c)
The other person is a person with a disability, the person knows or
reasonably should know that the other person is a person with a
disability, and it is the person's specific purpose to engage in the
specified conduct against a person with a disability.

(d)
The other person is a family or household member or co-worker of a
person with a disability, the person knows or reasonably should know
that the other person is a family or household member or co-worker of
a person with a disability, and it is the person's specific purpose
to engage in the specified conduct against a family or household
member or co-worker of a person with a disability.

(B)
Whoever violates this section is guilty of menacing.

(1)

Except
as otherwise provided in this division

or division (B)(2) of this section
,
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 or if the victim of the offense
is an emergency service responder in the performance of the
responder's official duties, menacing is one of the following:

(1)
(a)

Except as otherwise provided in division
(B)(2)
(B)(1)(b)

of this section, a misdemeanor of the first degree;

(2)
(b)

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 or an emergency service responder, and that
prior offense related to the officer's or employee's performance or
anticipated performance of official responsibilities or duties or to
the responder's performance of the responder's official duties, a
felony of the fourth degree.

(2)
If the victim of the offense is a person with a disability and the
offender knows or reasonably should know that the victim is a person
with a disability, menacing is one of the following:

(a)
Except as otherwise provided in division (B)(2)(b) of this section, a
misdemeanor of the first degree;

(b)
If the offender previously has been convicted of or pleaded guilty to
an offense of violence, the victim of that prior offense was a person
with a disability and the offender knew or reasonably should have
known the victim was a person with a disability, a felony of the
fourth degree.

(C)
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 a violation of section 2903.13 of
the Revised Code 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.

(D)
As used in this section:

(1)
"Emergency service responder," "family or household
member," and "co-worker" have the same meanings as in
section 2903.13 of the Revised Code.

(2)
"Organization" includes an entity that is a governmental
employer.

Sec.
2903.31.
(A)
As used in this section:

(1)
"Hazing" means doing any act or coercing another, including
the victim, to do any act of initiation into any student or other
organization or any act to continue or reinstate membership in or
affiliation with any student or other organization that causes or
creates a substantial risk of causing mental or physical harm to any
person, including coercing another to consume alcohol or a drug of
abuse, as defined in section 3719.011 of the Revised Code.

(2)
"Organization" includes a national or international
organization with which a fraternity or sorority is affiliated.

(B)(1)
No person shall recklessly participate in the hazing of another.

(2)
No administrator, employee, faculty member, teacher, consultant,
alumnus, or volunteer of any organization, including any primary,
secondary, or post-secondary school or any other educational
institution, public or private, shall recklessly permit the hazing of
any person associated with the organization.

(C)(1)
No person shall recklessly participate in the hazing of another when
the hazing includes coerced consumption of alcohol or drugs of abuse
resulting in serious physical harm to the other person.

(2)
No administrator, employee, faculty member, teacher, consultant,
alumnus, or volunteer of any organization, including any primary,
secondary, or post-secondary school or any other educational
institution, public or private, shall recklessly permit the hazing of
any person associated with the organization when the hazing includes
coerced consumption of alcohol or drugs of abuse resulting in serious
physical harm to that person.

(D)
Whoever violates this section is guilty of hazing.
A
Except
as otherwise provided in this division, a

violation of division (B)(1) or (2) of this section is a misdemeanor
of the second degree.
A
If
the victim is a person with a disability, and the offender knows or
reasonably should know that the victim is a person with a disability,
a violation of division (B)(1) or (2) of this section is a
misdemeanor of the first degree. Except as otherwise provided in this
division, a

violation of division (C)(1) or (2) of this section is a felony of
the third degree.

If the victim is a person with a disability, and the offender knows
or reasonably should know that the victim is a person with a
disability, a violation of division (C)(1) or (2) of this section is
a felony of the second degree.

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
a
victim who is a person with a disability whom the offender knows or
reasonably should know is a person with a disability
,
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
a
victim who is a person with a disability whom the offender knows or
reasonably should know is a person with a disability
,
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.

(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 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 (B)(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 or
indefinite 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:

(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.

(3)
"Disability" has the same meaning as in section 4112.01 of
the Revised Code.

Sec.
2905.11.
(A)
As used in this section and section 2905.111 of the Revised Code:

(1)
"Elderly person" and "disabled adult" have the
same meanings as in section 2913.01 of the Revised Code.

(2)
"Information service" and "telecommunications service"
have the same meanings as in the "Telecommunications Act of
1996," 47 U.S.C. 153, as amended.

(3)
"Interactive computer service" has the same meaning as in
the "Telecommunications Act of 1996," 47 U.S.C. 230, as
amended.

(4)
"Nudity," "sexual activity," and "sexual
excitement" have the same meanings as in section 2907.01 of the
Revised Code.

(5)
"Private images" means images of sexual activity,
masturbation, sexual excitement, nudity, bestiality, extreme or
bizarre violence, cruelty, or brutality, or human bodily functions of
elimination.

(6)
"Threat" includes a direct threat and a threat by innuendo.

(7)
"Disability" has the same meaning as in section 4112.01 of
the Revised Code.

(B)
No person, with purpose to obtain any valuable thing or valuable
benefit or to induce another to do an unlawful act, shall do any of
the following:

(1)
Threaten to commit any felony;

(2)
Threaten to commit any offense of violence;

(3)
Violate section 2903.21 or 2903.22 of the Revised Code;

(4)
Utter or threaten any calumny against any person;

(5)
Expose or threaten to expose any matter tending to subject any person
to hatred, contempt, or ridicule, or to damage any person's personal
or business repute, or to impair any person's credit.

(C)
Whoever violates division (B) of this section is guilty of
extortion
,
.
Except as otherwise provided in this division, extortion is

a felony of the third degree.

If the victim is a person with a disability and the offender knows or
reasonably should know that the victim is a person with a disability,
extortion is a felony of the second degree.

(D)
No person, with purpose to do any of the following, shall threaten to
release, exhibit, or distribute the private images of another:

(1)
Compel or attempt to compel the other person, against the other
person's will, to perform any act or refrain from performing any act;

(2)
Induce the other person to commit an offense;

(3)
Obtain additional private images from the other person;

(4)
Obtain anything of value from the other person.

(E)
Whoever violates division (D) of this section is guilty of sexual
extortion. The penalty for the offense shall be determined as
follows:

(1)
Except as otherwise provided in division (E)(2) or (3) of this
section, sexual extortion is a felony of the third degree.

(2)
Except as otherwise provided in division (E)(3) of this section, if
the offender previously has been convicted of or pleaded guilty to a
violation of division (D) of this section or if the offense involves
sexual extortion of a person under the age of eighteen, an elderly
person, or a disabled adult, sexual extortion is a felony of the
second degree.

(3)
If the offender has previously been convicted of or pleaded guilty to
two or more violations of division (D) of this section or if the
offender has previously been convicted of or pleaded guilty to an
offense involving sexual extortion of a person under the age of
eighteen, an elderly person, or a disabled adult and the offender
knows or has reason to know that the person is under the age of
eighteen, an elderly person, or a disabled adult, sexual extortion is
a felony of the first degree.

(F)
A prosecution for a violation of division (D) of this section does
not preclude a prosecution of a violation of division (B) of this
section. One or more acts, a series of acts, or a course of behavior
that can be prosecuted under division (D) of this section or division
(B) of this section may be prosecuted under division (D) of this
section, division (B) of this section, or both divisions. However, if
an offender is convicted of or pleads guilty to a violation of
division (D) of this section and also is convicted of or pleads
guilty to a violation of division (B) of this section based on the
same conduct involving the same victim that was the basis of the
violation of division (D) of this section, the two offenses are
allied offenses of similar import under section 2941.25 of the
Revised Code.

(G)(1)
No person shall assert a cause of action in any court of this state
against any provider of an information service, an interactive
computer service, or a telecommunications service, or against any
agent, employee, or officer of such provider, 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 division (D) of this section.

(2)
A provider of an information service, an interactive computer
service, or a telecommunications service, or any agent, employee, or
officer of such provider, 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
division (D) of this section.

(H)(1)(a)
A person shall not be considered to have violated division (D) of
this section solely for providing 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.

(b)
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 division (D) of this section.

(2)
Division (H)(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 division (D) of this section, except as otherwise
provided by law.

(3)
Division (H)(1) of this section does not apply to a person who
conspires with another person actively involved in the creation or
knowing distribution of material in violation of division (D) of this
section, or who knowingly advertises the availability of material of
that nature.

(4)(a)
A provider or user of an interactive computer service shall neither
be treated as the publisher nor speaker of any information provided
by another information content provider, nor shall such a person be
held civilly or criminally liable for the creation or development of
information provided by another information content provider.

(b)
Nothing in division (H)(4)(a) of this section shall be construed as
protecting a person from liability to the extent that the person
developed or created any content in violation of division (D) of this
section.

Sec.
2905.12.
(A)
No person, with purpose to coerce another into taking or refraining
from action concerning which the other person has a legal freedom of
choice, shall do any of the following:

(1)
Threaten to commit any offense;

(2)
Utter or threaten any calumny against any person;

(3)
Expose or threaten to expose any matter tending to subject any person
to hatred, contempt, or ridicule, to damage any person's personal or
business repute, or to impair any person's credit;

(4)
Institute or threaten criminal proceedings against any person;

(5)
Take, withhold, or threaten to take or withhold official action, or
cause or threaten to cause official action to be taken or withheld.

(B)
Divisions (A)(4) and (5) of this section shall not be construed to
prohibit a prosecutor or court from doing any of the following in
good faith and in the interests of justice:

(1)
Offering or agreeing to grant, or granting immunity from prosecution
pursuant to section 2945.44 of the Revised Code;

(2)
In return for a plea of guilty to one or more offenses charged or to
one or more other or lesser offenses, or in return for the testimony
of the accused in a case to which the accused is not a party,
offering or agreeing to dismiss, or dismissing one or more charges
pending against an accused, or offering or agreeing to impose, or
imposing a certain sentence or modification of sentence;

(3)
Imposing a community control sanction on certain conditions,
including without limitation requiring the offender to make
restitution or redress to the victim of the offense.

(C)
It is an affirmative defense to a charge under division (A)(3), (4),
or (5) of this section that the actor's conduct was a reasonable
response to the circumstances that occasioned it, and that the
actor's purpose was limited to any of the following:

(1)
Compelling another to refrain from misconduct or to desist from
further misconduct;

(2)
Preventing or redressing a wrong or injustice;

(3)
Preventing another from taking action for which the actor reasonably
believed the other person to be disqualified;

(4)
Compelling another to take action that the actor reasonably believed
the other person to be under a duty to take.

(D)
Whoever violates this section is guilty of coercion
,
.
Except as otherwise provided in this division, coercion is

a misdemeanor of the second degree.

If the victim is a person with a disability and the offender knows or
reasonably should know that the victim is a person with a disability,
coercion is a misdemeanor of the first degree.

(E)
As used in this section:

(1)
"Threat" includes a direct threat and a threat by innuendo.

(2)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.

(3)
"Disability" has the same meaning as in section 4112.01 of
the Revised Code.

Sec.
2905.22.
(A)

As
used in this section, "disability" has the same meaning as
in section 4112.01 of the Revised Code.

(B)

No
person shall:

(1)
Knowingly make or participate in an extortionate extension of credit;

(2)
Knowingly engage in criminal usury;

(3)
Possess any writing, paper, instrument, or article used to record
criminally usurious transactions, knowing that the contents record a
criminally usurious transaction.

(B)
Whoever
(C)
Except as otherwise provided in this division, whoever

violates division
(A)(1)
(B)(1)

or (2) of this section is guilty of a felony of the fourth degree.

Whoever
If
the victim is a person with a disability and the offender knows or
reasonably should know that the victim is a person with a disability,
a violation of division (B)(1) or (2) of this section is a felony of
the third degree. Except as otherwise provided in this division,
whoever

violates division
(A)(3)
(B)(3)

of this section is guilty of a misdemeanor of the first degree.

If the victim is a person with a disability and the offender knows or
reasonably should know that the victim is a person with a disability,
a violation of division (B)(3) of this section is a felony of the
fifth degree.

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 if either of the following applies:

(1)
The offender knows that the other 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.

(2)
The other person is less than eighteen years of age or is a person
with a
developmental

disability
whom the offender knows or
has
reasonable cause to believe
reasonably
should know
is
a person with a
developmental

disability,
and either the offender knows that the other person will be subjected
to involuntary servitude or the offender's knowing recruitment,
luring, enticement, isolation, harboring, transportation, provision,
obtaining, or maintenance of the other person or knowing attempt to
recruit, lure, entice, isolate, harbor, transport, provide, obtain,
or maintain the other person is for any of the following purposes:

(a)
For the other person to engage in sexual activity for hire with one
or more third parties;

(b)
To engage in a performance for hire that is obscene, sexually
oriented, or nudity oriented;

(c)
To be a model or participant for hire in the production of material
that is obscene, sexually oriented, or nudity oriented.

(B)
For a prosecution under division (A)(1) of 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 offender overcame
the victim's will by force, fear, duress, intimidation, or fraud, by
furnishing or offering a controlled substance to the victim, or by
manipulating the victim's controlled substance addiction.

(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 a violation of section 2907.21 of
the Revised Code based on the same conduct involving the same victim
that was the basis of the violation of this section, or is convicted
of or pleads guilty to any other violation of Chapter 2907. of the
Revised Code 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 first degree. For a violation committed prior to March
22, 2019, notwithstanding the range of definite terms set forth in
division (A)(1)(b) of section 2929.14 of the Revised Code, the court
shall sentence the offender to a definite prison term of ten, eleven,
twelve, thirteen, fourteen, or fifteen years. For a violation
committed on or after March 22, 2019, notwithstanding the range of
minimum terms set forth in division (A)(1)(a) of section 2929.14 of
the Revised Code, the court shall sentence the offender to an
indefinite prison term pursuant to that division, with a minimum term
under that sentence of ten, eleven, twelve, thirteen, fourteen, or
fifteen years.

(F)
As used in this section:

(1)

"Person
with a developmental disability" means a person whose ability to
resist or consent to an act is substantially impaired because of a
mental or physical condition or because of advanced age
"Disability"
has the same meaning as in section 4112.01 of the Revised Code
.

(2)
"Sexual activity for hire," "performance for hire,"
and "model or participant for hire" mean an implicit or
explicit agreement to provide sexual activity, engage in an obscene,
sexually oriented, or nudity oriented performance, or be a model or
participant in the production of obscene, sexually oriented, or
nudity oriented material, whichever is applicable, in exchange for
anything of value paid to any of the following:

(a)
The person engaging in such sexual activity, performance, or modeling
or participation;

(b)
Any person who recruits, lures, entices, isolates, harbors,
transports, provides, obtains, or maintains, or attempts to recruit,
lure, entice, isolate, harbor, transport, provide, obtain, or
maintain the person described in division (F)(2)(a) of this section;

(c)
Any person associated with a person described in division (F)(2)(a)
or (b) of this section.

(3)
"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.

(4)
"Third party" means, with respect to conduct described in
division (A)(2)(a) of this section, any person other than the
offender.

Sec.
2907.03.
(A)
No person shall engage in sexual activity with another; cause another
to engage in sexual activity with the offender; or cause two or more
other persons to engage in sexual activity when any of the following
apply:

(1)
The offender knowingly coerces the other person, or one of the other
persons, to submit by any means that would prevent resistance by a
person of ordinary resolution.

(2)
The offender knows that the other person's, or one of the other
persons', ability to appraise the nature of or control the other
person's own conduct is substantially impaired.

(3)
The offender knows that the other person, or one of the other
persons, submits because the other person is unaware that the act is
being committed.

(4)
The offender knows that the other person, or one of the other
persons, submits because the other person mistakenly identifies the
offender as the other person's spouse.

(5)
The offender is the other person's, or one of the other persons',
natural or adoptive parent, or a stepparent, or guardian, custodian,
or person in loco parentis of the other person.

(6)
The other person, or one of the other persons, is in custody of law
or a patient in a hospital or other institution, and the offender has
supervisory or disciplinary authority over the other person.

(7)
The offender is a teacher, administrator, coach, or other person in
authority employed by or serving in a school for which the director
of education and workforce prescribes minimum standards pursuant to
division (D) of section 3301.07 of the Revised Code, the other
person, or one of the other persons, is enrolled in or attends that
school, and the offender is not enrolled in and does not attend that
school.

(8)
The other person, or one of the other persons, is a minor, the
offender is a teacher, administrator, coach, or other person in
authority employed by or serving in an institution of higher
education, and the other person is enrolled in or attends that
institution.

(9)
The other person, or one of the other persons, is a minor, and the
offender is the other person's athletic or other type of coach, is
the other person's instructor, is the leader of a scouting troop of
which the other person is a member, or is a person with temporary or
occasional disciplinary control over the other person.

(10)
The offender is a mental health professional, the other person, or
one of the other persons, is a mental health client or patient of the
offender, and the offender induces the other person to submit by
falsely representing to the other person that the sexual activity is
necessary for mental health treatment purposes.

(11)
The offender is a licensed medical professional, the other person, or
one of the other persons, is a patient of the offender, and the
sexual activity occurs in the course of medical treatment.

(12)
The other person, or one of the other persons, is confined in a
detention facility, and the offender is an employee of that detention
facility.

(13)
The other person, or one of the other persons, is a minor, the
offender is a cleric, and the other person is a member of, or
attends, the church or congregation served by the cleric.

(14)
The other person, or one of the other persons, is a minor, the
offender is a peace officer, and the offender is more than two years
older than the other person.

(B)
Whoever violates this section is guilty of sexual battery.

(1)
If the sexual activity involved is sexual conduct, except as
otherwise provided in this division, sexual battery is a felony of
the third degree. If the other person, or one of the other persons,
is thirteen years of age or over and less than eighteen years of age,

or if the other person is a person with a disability and the offender
knows or reasonably should know that the other person is a person
with a disability,

sexual battery is a felony of the second degree, and the court shall
impose upon the offender a mandatory prison term equal to one of the
definite prison terms prescribed in division (A)(2)(b) of section
2929.14 of the Revised Code for a felony of the second degree, except
that if the violation is committed on or after March 22, 2019, the
court shall impose as the minimum prison term for the offense a
mandatory prison term that is one of the minimum terms prescribed in
division (A)(2)(a) of that section for a felony of the second degree.

(2)
If the sexual activity involved is sexual contact, except as
otherwise provided in this division, sexual battery is a felony of
the fifth degree. If the other person, or one of the other persons,
is less than eighteen years of age, sexual battery is a felony of the
fourth degree.

(C)
As used in this section:

(1)
"Cleric" has the same meaning as in section 2317.02 of the
Revised Code.

(2)
"Detention facility" has the same meaning as in section
2921.01 of the Revised Code.

(3)
"Disability"
has the same meaning as in section 4112.01 of the Revised Code.

(4)

"Institution of higher education" means a state institution
of higher education defined in section 3345.011 of the Revised Code,
a private nonprofit college or university located in this state that
possesses a certificate of authorization issued by the chancellor of
higher education pursuant to Chapter 1713. of the Revised Code, or a
school certified under Chapter 3332. of the Revised Code.

(4)
(5)

"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.

(5)
(6)

"Medical treatment" means in-person medical services
provided by a licensed medical professional under the legal authority
conferred by a license or certificate, including in-person
examination, consultation, health care, treatment, procedure,
surgery, or other in-person procedures.

Sec.
2907.05.
(A)
No person shall have sexual contact with another; cause another to
have sexual contact with the offender; or cause two or more other
persons to have sexual contact when any of the following applies:

(1)
The offender purposely compels the other person, or one of the other
persons, to submit by force or threat of force.

(2)
For the purpose of preventing resistance, the offender substantially
impairs the judgment or control of the other person or of one of the
other persons by administering any drug, intoxicant, or controlled
substance to the other person surreptitiously or by force, threat of
force, or deception.

(3)
The offender knows that the judgment or control of the other person
or of one of the other persons is substantially impaired as a result
of the influence of any drug or intoxicant administered to the other
person with the other person's consent for the purpose of any kind of
medical or dental examination, treatment, or surgery.

(4)
The other person, or one of the other persons, is less than thirteen
years of age, whether or not the offender knows the age of that
person.

(5)
The ability of the other person to resist or consent or the ability
of one of the other persons to resist or consent is substantially
impaired because of a mental or physical condition or because of
advanced age, and the offender knows or has reasonable cause to
believe that the ability to resist or consent of the other person or
of one of the other persons is substantially impaired because of a
mental or physical condition or because of advanced age.

(B)
No person shall knowingly touch the genitalia of another, when the
touching is not through clothing, the other person is less than
twelve years of age, whether or not the offender knows the age of
that person, and the touching is done with an intent to abuse,
humiliate, harass, degrade, or arouse or gratify the sexual desire of
any person.

(C)
Whoever violates this section is guilty of gross sexual imposition.

(1)
Except as otherwise provided in this section, gross sexual imposition
committed in violation of division (A)(1), (2),

or

(3)
,
or (5)

of this section is a felony of the fourth degree. If the offender
under division (A)(2) of this section substantially impairs the
judgment or control of the other person or one of the other persons
by administering any controlled substance, as defined in section
3719.01 of the Revised Code, to the person surreptitiously or by
force, threat of force, or deception, gross sexual imposition
committed in violation of division (A)(2) of this section is a felony
of the third degree.

(2)
Gross sexual imposition committed in violation of division (A)(4)

or (5)

or (B) of this section is a felony of the third degree. Except as
otherwise provided in this division, for gross sexual imposition
committed in violation of division (A)(4)

or (5)

or (B) of this section there is a presumption that a prison term
shall be imposed for the offense. The court shall impose on an
offender convicted of gross sexual imposition in violation of
division (A)(4)

or (5)

or (B) of this section a mandatory prison term, as described in
division (C)(3) of this section, for a felony of the third degree if
the offender previously was convicted of or pleaded guilty to a
violation of this section, rape, the former offense of felonious
sexual penetration, or sexual battery, and the victim of the previous
offense was less than thirteen years of age.

(3)
A mandatory prison term required under division (C)(2) of this
section shall be a definite term from the range of prison terms
provided in division (A)(3)(a) of section 2929.14 of the Revised Code
for a felony of the third degree.

(D)
A victim need not prove physical resistance to the offender in
prosecutions under this section.

(E)
Evidence of specific instances of the victim's sexual activity,
opinion evidence of the victim's sexual activity, and reputation
evidence of the victim's sexual activity shall not be admitted under
this section unless it involves evidence of the origin of semen,
pregnancy, or sexually transmitted disease or infection, or the
victim's past sexual activity with the offender, and only to the
extent that the court finds that the evidence is material to a fact
at issue in the case and that its inflammatory or prejudicial nature
does not outweigh its probative value.

Evidence
of specific instances of the defendant's sexual activity, opinion
evidence of the defendant's sexual activity, and reputation evidence
of the defendant's sexual activity shall not be admitted under this
section unless it involves evidence of the origin of semen,
pregnancy, or sexually transmitted disease or infection, the
defendant's past sexual activity with the victim, or is admissible
against the defendant under section 2945.59 of the Revised Code, and
only to the extent that the court finds that the evidence is material
to a fact at issue in the case and that its inflammatory or
prejudicial nature does not outweigh its probative value.

(F)
Prior to taking testimony or receiving evidence of any sexual
activity of the victim or the defendant in a proceeding under this
section, the court shall resolve the admissibility of the proposed
evidence in a hearing in chambers, which shall be held at or before
preliminary hearing and not less than three days before trial, or for
good cause shown during the trial.

(G)
Upon approval by the court, the victim may be represented by counsel
in any hearing in chambers or other proceeding to resolve the
admissibility of evidence. If the victim is indigent or otherwise is
unable to obtain the services of counsel, the court, upon request,
may appoint counsel to represent the victim without cost to the
victim.

Sec.
2909.01.
As
used in sections 2909.01 to 2909.07 of the Revised Code:

(A)
To "create a substantial risk of serious physical harm to any
person" includes the creation of a substantial risk of serious
physical harm to any emergency personnel.

(B)
"Emergency personnel" means any of the following persons:

(1)
A peace officer, as defined in section 2935.01 of the Revised Code;

(2)
A member of a fire department or other firefighting agency of a
municipal corporation, township, township fire district, joint fire
district, other political subdivision, or combination of political
subdivisions;

(3)
A member of a private fire company, as defined in section 9.60 of the
Revised Code, or a volunteer firefighter;

(4)
A member of a joint ambulance district or joint emergency medical
services district;

(5)
An emergency medical technician-basic, emergency medical
technician-intermediate, emergency medical technician-paramedic,
ambulance operator, or other member of an emergency medical service
that is owned or operated by a political subdivision or a private
entity;

(6)
The state fire marshal, the chief deputy state fire marshal, or an
assistant state fire marshal;

(7)
A fire prevention officer of a political subdivision or an arson,
fire, or similar investigator of a political subdivision.

(C)
"Occupied structure" means any house, building,
outbuilding, watercraft, aircraft, railroad car, truck, trailer,
tent, or other structure, vehicle, or shelter, or any portion
thereof, to which any of the following applies:

(1)
It is maintained as a permanent or temporary dwelling, even though it
is temporarily unoccupied and whether or not any person is actually
present.

(2)
At the time, it is occupied as the permanent or temporary habitation
of any person, whether or not any person is actually present.

(3)
At the time, it is specially adapted for the overnight accommodation
of any person, whether or not any person is actually present.

(4)
At the time, any person is present or likely to be present in it.

(D)
"Political subdivision" and "state" have the same
meanings as in section 2744.01 of the Revised Code.

(E)
"Computer," "computer hacking," "computer
network," "computer program," "computer
software," "computer system," "data," and
"telecommunications device" have the same meanings as in
section 2913.01 of the Revised Code.

(F)
"Computer contaminant" means a computer program that is
designed to modify, damage, destroy, disable, deny or degrade access
to, allow unauthorized access to, functionally impair, record, or
transmit information within a computer, computer system, or computer
network without the express or implied consent of the owner or other
person authorized to give consent and that is of a type or kind
described in divisions (F)(1) to (4) of this section or of a type or
kind similar to a type or kind described in divisions (F)(1) to (4)
of this section:

(1)
A group of computer programs commonly known as "viruses"
and "worms" that are self-replicating or self-propagating
and that are designed to contaminate other computer programs,
compromise computer security, consume computer resources, modify,
destroy, record, or transmit data, or disrupt the normal operation of
the computer, computer system, or computer network;

(2)
A group of computer programs commonly known as "Trojans" or
"Trojan horses" that are not self-replicating or
self-propagating and that are designed to compromise computer
security, consume computer resources, modify, destroy, record, or
transmit data, or disrupt the normal operation of the computer,
computer system, or computer network;

(3)
A group of computer programs commonly known as "zombies"
that are designed to use a computer without the knowledge and consent
of the owner, or other person authorized to give consent, and that
are designed to send large quantities of data to a targeted computer
network for the purpose of degrading the targeted computer's or
network's performance, or denying access through the network to the
targeted computer or network, resulting in what is commonly known as
"Denial of Service" or "Distributed Denial of Service"
attacks;

(4)
A group of computer programs commonly know as "trap doors,"
"back doors," or "root kits" that are designed to
bypass standard authentication software and that are designed to
allow access to or use of a computer without the knowledge or consent
of the owner, or other person authorized to give consent.

(G)
"Internet" has the same meaning as in section 341.42 of the
Revised Code.

(H)
"Disability" has the same meaning as in section 4112.01 of
the Revised Code.

Sec.
2909.06.
(A)
No person shall cause, or create a substantial risk of physical harm
to any property of another without the other person's consent:

(1)
Knowingly, by any means;

(2)
Recklessly, by means of fire, explosion, flood, poison gas, poison,
radioactive material, caustic or corrosive material, or other
inherently dangerous agency or substance.

(B)
Whoever violates this section is guilty of criminal damaging or
endangering
,
a
.
Except as otherwise provided in this division or division (C) of this
section, criminal damaging or endangering is a

misdemeanor of the second degree. If a violation of this section
creates a risk of physical harm to any person, criminal damaging or
endangering is a misdemeanor of the first degree. If the property
involved in a violation of this section is an aircraft, an aircraft
engine, propeller, appliance, spare part, or any other equipment or
implement used or intended to be used in the operation of an aircraft
and if the violation creates a risk of physical harm to any person,
criminal damaging or endangering is a felony of the fifth degree. If
the property involved in a violation of this section is an aircraft,
an aircraft engine, propeller, appliance, spare part, or any other
equipment or implement used or intended to be used in the operation
of an aircraft and if the violation creates a substantial risk of
physical harm to any person or if the property involved in a
violation of this section is an occupied aircraft, criminal damaging
or endangering is a felony of the fourth degree.

(C)
If the victim is a person with a disability and the offender knows or
reasonably should know that the victim is a person with a disability,
criminal damaging is a misdemeanor of the first degree. If a
violation of this section creates a risk of physical harm to any
person with a disability and the offender knows or reasonably should
know that the victim is a person with a disability, criminal damaging
or endangering is a felony of the fifth degree. If the property
involved in a violation of this section is an aircraft, an aircraft
engine, propeller, appliance, spare part, or any other equipment or
implement used or intended to be used in the operation of an aircraft
and if the violation creates a risk of physical harm to a person with
a disability and the offender knows or reasonably should know that
the victim is a person with a disability, criminal damaging or
endangering is a felony of the fourth degree. If the property
involved in a violation of this section is an aircraft, an aircraft
engine, propeller, appliance, spare part, or any other equipment or
implement used or intended to be used in the operation of an aircraft
and if the violation creates a substantial risk of physical harm to a
person with a disability and the offender knows or reasonably should
know that the victim is a person with a disability, criminal damaging
or endangering is a felony of the third degree.

Sec.
2909.07.
(A)
No person shall:

(1)
Without privilege to do so, knowingly move, deface, damage, destroy,
or otherwise improperly tamper with either of the following:

(a)
The property of another;

(b)
One's own residential real property with the purpose to decrease the
value of or enjoyment of the residential real property, if both of
the following apply:

(i)
The residential real property is subject to a mortgage.

(ii)
The person has been served with a summons and complaint in a pending
residential mortgage loan foreclosure action relating to that real
property. As used in this division, "pending" includes the
time between judgment entry and confirmation of sale.

(2)
With purpose to interfere with the use or enjoyment of property of
another, employ a tear gas device, stink bomb, smoke generator, or
other device releasing a substance that is harmful or offensive to
persons exposed or that tends to cause public alarm;

(3)
Without privilege to do so, knowingly move, deface, damage, destroy,
or otherwise improperly tamper with a bench mark, triangulation
station, boundary marker, or other survey station, monument, or
marker;

(4)
Without privilege to do so, knowingly move, deface, damage, destroy,
or otherwise improperly tamper with any safety device, the property
of another, or the property of the offender when required or placed
for the safety of others, so as to destroy or diminish its
effectiveness or availability for its intended purpose;

(5)
With purpose to interfere with the use or enjoyment of the property
of another, set a fire on the land of another or place personal
property that has been set on fire on the land of another, which fire
or personal property is outside and apart from any building, other
structure, or personal property that is on that land;

(6)
Without privilege to do so, and with intent to impair the functioning
of any computer, computer system, computer network, computer
software, or computer program, knowingly do any of the following:

(a)
In any manner or by any means, including, but not limited to,
computer hacking, alter, damage, destroy, or modify a computer,
computer system, computer network, computer software, or computer
program or data contained in a computer, computer system, computer
network, computer software, or computer program;

(b)
Introduce a computer contaminant into a computer, computer system,
computer network, computer software, or computer program.

(7)
Without privilege to do so, knowingly destroy or improperly tamper
with a critical infrastructure facility.

(B)
As used in this section:

(1)
"Safety device" means any fire extinguisher, fire hose, or
fire axe, or any fire escape, emergency exit, or emergency escape
equipment, or any life line, life-saving ring, life preserver, or
life boat or raft, or any alarm, light, flare, signal, sign, or
notice intended to warn of danger or emergency, or intended for other
safety purposes, or any guard railing or safety barricade, or any
traffic sign or signal, or any railroad grade crossing sign, signal,
or gate, or any first aid or survival equipment, or any other device,
apparatus, or equipment intended for protecting or preserving the
safety of persons or property.

(2)
"Critical infrastructure facility" has the same meaning as
in section 2911.21 of the Revised Code.

(3)
"Improperly tamper" means to change the physical location
or the physical condition of the property.

(C)(1)
Whoever violates this section is guilty of criminal mischief, and
shall be punished as provided in division (C)(2), (3), or (4) of this
section.

(2)
Except as otherwise provided in this division, criminal mischief
committed in violation of division (A)(1), (2), (3), (4), or (5) of
this section is a misdemeanor of the third degree.

Except as otherwise provided in this division, if the victim is a
person with a disability and the offender knows or reasonably should
know that the victim is a person with a disability, criminal mischief
committed in violation of division (A)(1), (2), (3), (4), or (5) of
this section is a misdemeanor of the second degree.

Except as otherwise provided in this division, if the violation of
division (A)(1), (2), (3), (4), or (5) of this section creates a risk
of physical harm to any person, criminal mischief committed in
violation of division (A)(1), (2), (3), (4), or (5) of this section
is a misdemeanor of the first degree. If the property involved in the
violation of division (A)(1), (2), (3), (4), or (5) of this section
is an aircraft, an aircraft engine, propeller, appliance, spare part,
fuel, lubricant, hydraulic fluid, any other equipment, implement, or
material used or intended to be used in the operation of an aircraft,
or any cargo carried or intended to be carried in an aircraft,
criminal mischief committed in violation of division (A)(1), (2),
(3), (4), or (5) of this section is one of the following:

(a)
If the violation creates a risk of physical harm to any person,
except as otherwise provided in division (C)(2)(b) of this section,
criminal mischief committed in violation of division (A)(1), (2),
(3), (4), or (5) of this section is a felony of the fifth degree.

(b)
If the violation creates a substantial risk of physical harm to any
person or if the property involved in a violation of this section is
an occupied aircraft, criminal mischief committed in violation of
division (A)(1), (2), (3), (4), or (5) of this section is a felony of
the fourth degree.

(3)
Except as otherwise provided in this division, criminal mischief
committed in violation of division (A)(6) of this section is a
misdemeanor of the first degree. Except as otherwise provided in this
division, if the value of the computer, computer system, computer
network, computer software, computer program, or data involved in the
violation of division (A)(6) of this section or the loss to the
victim resulting from the violation is one thousand dollars or more
and less than ten thousand dollars, or if the computer, computer
system, computer network, computer software, computer program, or
data involved in the violation of division (A)(6) of this section is
used or intended to be used in the operation of an aircraft and the
violation creates a risk of physical harm to any person, criminal
mischief committed in violation of division (A)(6) of this section is
a felony of the fifth degree. If the value of the computer, computer
system, computer network, computer software, computer program, or
data involved in the violation of division (A)(6) of this section or
the loss to the victim resulting from the violation is ten thousand
dollars or more, or if the computer, computer system, computer
network, computer software, computer program, or data involved in the
violation of division (A)(6) of this section is used or intended to
be used in the operation of an aircraft and the violation creates a
substantial risk of physical harm to any person or the aircraft in
question is an occupied aircraft, criminal mischief committed in
violation of division (A)(6) of this section is a felony of the
fourth degree.

(4)

Except
as otherwise provided in this division, if the victim is a person
with a disability and the offender knows or reasonably should know
that the victim is a person with a disability, criminal mischief
committed in violation of division (A)(6) of this section is a felony
of the fifth degree. If the victim is a person with a disability and
the offender knows or reasonably should know that the victim is a
person with a disability, and if the value of the computer, computer
system, computer network, computer software, computer program, or
data involved in the violation of division (A)(6) of this section or
the loss to the victim resulting from the violation is one thousand
dollars or more and less than ten thousand dollars, criminal mischief
committed in violation of division (A)(6) of this section is a felony
of the fourth degree. If the victim is a person with a disability and
the offender knows or reasonably should know that the victim is a
person with a disability, and the value of the computer, computer
system, computer network, computer software, computer program, or
data involved in the violation of division (A)(6) of this section or
the loss to the victim resulting from the violation is ten thousand
dollars or more, criminal mischief committed in violation of division
(A)(6) of this section is a felony of the third degree.

(5)

Criminal
mischief committed in violation of division (A)(7) of this section is
a felony of the third degree.

Sec.
2911.02.
(A)
No person, in attempting or committing a theft offense or in fleeing
immediately after the attempt or offense, shall do any of the
following:

(1)
Have a deadly weapon on or about the offender's person or under the
offender's control;

(2)
Inflict, attempt to inflict, or threaten to inflict physical harm on
another;

(3)
Use or threaten the immediate use of force against another.

(B)
Whoever violates this section is guilty of robbery.
A
Except
as otherwise provided in this division, a

violation of division (A)(1) or (2) of this section is a felony of
the second degree.
A
If
the victim is a person with a disability and the offender knows or
reasonably should know that the victim is a person with a disability,
robbery committed in violation of division (A)(1) or (2) of this
section is a felony of the first degree. Except as otherwise provided
in this division, a

violation of division (A)(3) of this section is a felony of the third
degree.

If the victim is a person with a disability, and the offender knows
or reasonably should know that the victim is a person with a
disability, robbery committed in violation of division (A)(3) of this
section is a felony of the second degree.

(C)
As used in this section:

(1)
"Deadly weapon" has the same meaning as in section 2923.11
of the Revised Code.

(2)

"Disability"
has the same meaning as in section 4112.01 of the Revised Code.

(3)

"Theft
offense" has the same meaning as in section 2913.01 of the
Revised Code.

Sec.
2911.12.
(A)
No person, by force, stealth, or deception, shall do any of the
following:

(1)
Trespass in an occupied structure or in a separately secured or
separately occupied portion of an occupied structure, when another
person other than an accomplice of the offender is present, with
purpose to commit in the structure or in the separately secured or
separately occupied portion of the structure any criminal offense;

(2)
Trespass in an occupied structure or in a separately secured or
separately occupied portion of an occupied structure that is a
permanent or temporary habitation of any person when any person other
than an accomplice of the offender is present or likely to be
present, with purpose to commit in the habitation any criminal
offense;

(3)
Trespass in an occupied structure or in a separately secured or
separately occupied portion of an occupied structure, with purpose to
commit in the structure or separately secured or separately occupied
portion of the structure any criminal offense.

(B)
No person, by force, stealth, or deception, shall trespass in a
permanent or temporary habitation of any person when any person other
than an accomplice of the offender is present or likely to be
present.

(C)
As used in this section
,
"occupied
:

(1)
"Occupied

structure" has the same meaning as in section 2909.01 of the
Revised Code.

(2)
"Disability" has the same meaning as in section 4112.01 of
the Revised Code.

(D)
Whoever violates division (A) of this section is guilty of burglary.

A
Except
as otherwise provided in this division, a

violation of division (A)(1) or (2) of this section is a felony of
the second degree.
A
If
the victim is a person with a disability and the offender knows or
reasonably should know that the victim is a person with a disability,
burglary committed in violation of division (A)(1) or (2) of this
section is a felony of the first degree. Except as otherwise provided
in this division, a

violation of division (A)(3) of this section is a felony of the third
degree.

If the victim is a person with a disability and the offender knows or
reasonably should know that the victim is a person with a disability,
burglary committed in violation of division (A)(3) of this section is
a felony of the second degree.

(E)
Whoever violates division (B) of this section is guilty of trespass
in a habitation when a person is present or likely to be present
,
a
.
Except as otherwise provided in this division, trespass in a
habitation when a person is present or likely to be present is a

felony of the fourth degree.

If the victim is a person with a disability and the offender knows or
reasonably should know that the victim is a person with a disability,
trespass in a habitation when a person is present or likely to be
present is a felony of the third degree.

Sec.
2913.01.
As
used in this chapter, unless the context requires that a term be
given a different meaning:

(A)
"Deception" means knowingly deceiving another or causing
another to be deceived by any false or misleading representation, by
withholding information, by preventing another from acquiring
information, or by any other conduct, act, or omission that creates,
confirms, or perpetuates a false impression in another, including a
false impression as to law, value, state of mind, or other objective
or subjective fact.

(B)
"Defraud" means to knowingly obtain, by deception, some
benefit for oneself or another, or to knowingly cause, by deception,
some detriment to another.

(C)
"Deprive" means to do any of the following:

(1)
Withhold property of another permanently, or for a period that
appropriates a substantial portion of its value or use, or with
purpose to restore it only upon payment of a reward or other
consideration;

(2)
Dispose of property so as to make it unlikely that the owner will
recover it;

(3)
Accept, use, or appropriate money, property, or services, with
purpose not to give proper consideration in return for the money,
property, or services, and without reasonable justification or excuse
for not giving proper consideration.

(D)
"Owner" means, unless the context requires a different
meaning, any person, other than the actor, who is the owner of, who
has possession or control of, or who has any license or interest in
property or services, even though the ownership, possession, control,
license, or interest is unlawful.

(E)
"Services" include labor, personal services, professional
services, rental services, public utility services including wireless
service as defined in division (F)(1) of section 128.01 of the
Revised Code, common carrier services, and food, drink,
transportation, entertainment, and cable television services and, for
purposes of section 2913.04 of the Revised Code, include cable
services as defined in that section.

(F)
"Writing" means any computer software, document, letter,
memorandum, note, paper, plate, data, film, or other thing having in
or upon it any written, typewritten, or printed matter, and any
token, stamp, seal, credit card, badge, trademark, label, or other
symbol of value, right, privilege, license, or identification.

(G)
"Forge" means to fabricate or create, in whole or in part
and by any means, any spurious writing, or to make, execute, alter,
complete, reproduce, or otherwise purport to authenticate any
writing, when the writing in fact is not authenticated by that
conduct.

(H)
"Utter" means to issue, publish, transfer, use, put or send
into circulation, deliver, or display.

(I)
"Coin machine" means any mechanical or electronic device
designed to do both of the following:

(1)
Receive a coin, bill, or token made for that purpose;

(2)
In return for the insertion or deposit of a coin, bill, or token,
automatically dispense property, provide a service, or grant a
license.

(J)
"Slug" means an object that, by virtue of its size, shape,
composition, or other quality, is capable of being inserted or
deposited in a coin machine as an improper substitute for a genuine
coin, bill, or token made for that purpose.

(K)
"Theft offense" means any of the following:

(1)
A violation of section 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,
2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05,
2913.06, 2913.08, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33,
2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 2913.47,
2913.48, former section 2913.47 or 2913.48, or section 2913.51,
2915.05, or 2921.41 of the Revised Code;

(2)
A violation of an existing or former municipal ordinance or law of
this or any other state, or of the United States, substantially
equivalent to any section listed in division (K)(1) of this section
or a violation of section 2913.41, 2913.81, or 2915.06 of the Revised
Code as it existed prior to July 1, 1996;

(3)
An offense under an existing or former municipal ordinance or law of
this or any other state, or of the United States, involving robbery,
burglary, breaking and entering, theft, embezzlement, wrongful
conversion, forgery, counterfeiting, deceit, or fraud;

(4)
A conspiracy or attempt to commit, or complicity in committing, any
offense under division (K)(1), (2), or (3) of this section.

(L)
"Computer services" includes, but is not limited to, the
use of a computer system, computer network, computer program, data
that is prepared for computer use, or data that is contained within a
computer system or computer network.

(M)
"Computer" means an electronic device that performs
logical, arithmetic, and memory functions by the manipulation of
electronic or magnetic impulses. "Computer" includes, but
is not limited to, all input, output, processing, storage, computer
program, or communication facilities that are connected, or related,
in a computer system or network to an electronic device of that
nature.

(N)
"Computer system" means a computer and related devices,
whether connected or unconnected, including, but not limited to, data
input, output, and storage devices, data communications links, and
computer programs and data that make the system capable of performing
specified special purpose data processing tasks.

(O)
"Computer network" means a set of related and remotely
connected computers and communication facilities that includes more
than one computer system that has the capability to transmit among
the connected computers and communication facilities through the use
of computer facilities.

(P)
"Computer program" means an ordered set of data
representing coded instructions or statements that, when executed by
a computer, cause the computer to process data.

(Q)
"Computer software" means computer programs, procedures,
and other documentation associated with the operation of a computer
system.

(R)
"Data" means a representation of information, knowledge,
facts, concepts, or instructions that are being or have been prepared
in a formalized manner and that are intended for use in a computer,
computer system, or computer network. For purposes of section 2913.47
of the Revised Code, "data" has the additional meaning set
forth in division (A) of that section.

(S)
"Cable television service" means any services provided by
or through the facilities of any cable television system or other
similar closed circuit coaxial cable communications system, or any
microwave or similar transmission service used in connection with any
cable television system or other similar closed circuit coaxial cable
communications system.

(T)
"Gain access" means to approach, instruct, communicate
with, store data in, retrieve data from, or otherwise make use of any
resources of a computer, computer system, or computer network, or any
cable service or cable system both as defined in section 2913.04 of
the Revised Code.

(U)
"Credit card" includes, but is not limited to, a card,
code, device, or other means of access to a customer's account for
the purpose of obtaining money, property, labor, or services on
credit, or for initiating an electronic fund transfer at a
point-of-sale terminal, an automated teller machine, or a cash
dispensing machine. It also includes a county procurement card issued
under section 301.29 of the Revised Code.

(V)
"Electronic fund transfer" has the same meaning as in 92
Stat. 3728, 15 U.S.C.A. 1693a, as amended.

(W)
"Rented property" means personal property in which the
right of possession and use of the property is for a short and
possibly indeterminate term in return for consideration; the rentee
generally controls the duration of possession of the property, within
any applicable minimum or maximum term; and the amount of
consideration generally is determined by the duration of possession
of the property.

(X)
"Telecommunication" means the origination, emission,
dissemination, transmission, or reception of data, images, signals,
sounds, or other intelligence or equivalence of intelligence of any
nature over any communications system by any method, including, but
not limited to, a fiber optic, electronic, magnetic, optical,
digital, or analog method.

(Y)
"Telecommunications device" means any instrument,
equipment, machine, or other device that facilitates
telecommunication, including, but not limited to, a computer,
computer network, computer chip, computer circuit, scanner,
telephone, cellular telephone, pager, personal communications device,
transponder, receiver, radio, modem, or device that enables the use
of a modem.

(Z)
"Telecommunications service" means the providing, allowing,
facilitating, or generating of any form of telecommunication through
the use of a telecommunications device over a telecommunications
system.

(AA)
"Counterfeit telecommunications device" means a
telecommunications device that, alone or with another
telecommunications device, has been altered, constructed,
manufactured, or programmed to acquire, intercept, receive, or
otherwise facilitate the use of a telecommunications service or
information service without the authority or consent of the provider
of the telecommunications service or information service.
"Counterfeit telecommunications device" includes, but is
not limited to, a clone telephone, clone microchip, tumbler
telephone, or tumbler microchip; a wireless scanning device capable
of acquiring, intercepting, receiving, or otherwise facilitating the
use of telecommunications service or information service without
immediate detection; or a device, equipment, hardware, or software
designed for, or capable of, altering or changing the electronic
serial number in a wireless telephone.

(BB)(1)
"Information service" means, subject to division (BB)(2) of
this section, the offering of a capability for generating, acquiring,
storing, transforming, processing, retrieving, utilizing, or making
available information via telecommunications, including, but not
limited to, electronic publishing.

(2)
"Information service" does not include any use of a
capability of a type described in division (BB)(1) of this section
for the management, control, or operation of a telecommunications
system or the management of a telecommunications service.

(CC)
"Elderly person" means a person who is sixty-five years of
age or older.

(DD)

"Disabled
adult" means a person who is eighteen years of age or older and
has some impairment of body or mind that makes the person unable to
work at any substantially remunerative employment that the person
otherwise would be able to perform and that will, with reasonable
probability, continue for a period of at least twelve months without
any present indication of recovery from the impairment, or who is
eighteen years of age or older and has been certified as permanently
and totally disabled by an agency of this state or the United States
that has the function of so classifying persons
"Disability"
has the same meaning as in section 4112.01 of the Revised Code
.

(EE)
"Firearm" and "dangerous ordnance" have the same
meanings as in section 2923.11 of the Revised Code.

(FF)
"Motor vehicle" has the same meaning as in section 4501.01
of the Revised Code.

(GG)
"Dangerous drug" has the same meaning as in section 4729.01
of the Revised Code.

(HH)
"Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code.

(II)(1)
"Computer hacking" means any of the following:

(a)
Gaining access or attempting to gain access to all or part of a
computer, computer system, or a computer network without express or
implied authorization with the intent to defraud or with intent to
commit a crime;

(b)
Misusing computer or network services including, but not limited to,
mail transfer programs, file transfer programs, proxy servers, and
web servers by performing functions not authorized by the owner of
the computer, computer system, or computer network or other person
authorized to give consent. As used in this division, "misuse of
computer and network services" includes, but is not limited to,
the unauthorized use of any of the following:

(i)
Mail transfer programs to send mail to persons other than the
authorized users of that computer or computer network;

(ii)
File transfer program proxy services or proxy servers to access other
computers, computer systems, or computer networks;

(iii)
Web servers to redirect users to other web pages or web servers.

(c)(i)
Subject to division (II)(1)(c)(ii) of this section, using a group of
computer programs commonly known as "port scanners" or
"probes" to intentionally access any computer, computer
system, or computer network without the permission of the owner of
the computer, computer system, or computer network or other person
authorized to give consent. The group of computer programs referred
to in this division includes, but is not limited to, those computer
programs that use a computer network to access a computer, computer
system, or another computer network to determine any of the
following: the presence or types of computers or computer systems on
a network; the computer network's facilities and capabilities; the
availability of computer or network services; the presence or
versions of computer software including, but not limited to,
operating systems, computer services, or computer contaminants; the
presence of a known computer software deficiency that can be used to
gain unauthorized access to a computer, computer system, or computer
network; or any other information about a computer, computer system,
or computer network not necessary for the normal and lawful operation
of the computer initiating the access.

(ii)
The group of computer programs referred to in division (II)(1)(c)(i)
of this section does not include standard computer software used for
the normal operation, administration, management, and test of a
computer, computer system, or computer network including, but not
limited to, domain name services, mail transfer services, and other
operating system services, computer programs commonly called "ping,"
"tcpdump," and "traceroute" and other network
monitoring and management computer software, and computer programs
commonly known as "nslookup" and "whois" and
other systems administration computer software.

(d)
The intentional use of a computer, computer system, or a computer
network in a manner that exceeds any right or permission granted by
the owner of the computer, computer system, or computer network or
other person authorized to give consent.

(2)
"Computer hacking" does not include the introduction of a
computer contaminant, as defined in section 2909.01 of the Revised
Code, into a computer, computer system, computer program, or computer
network.

(JJ)
"Police dog or horse" has the same meaning as in section
2921.321 of the Revised Code.

(KK)
"Anhydrous ammonia" is a compound formed by the combination
of two gaseous elements, nitrogen and hydrogen, in the manner
described in this division. Anhydrous ammonia is one part nitrogen to
three parts hydrogen (NH3). Anhydrous ammonia by weight is fourteen
parts nitrogen to three parts hydrogen, which is approximately
eighty-two per cent nitrogen to eighteen per cent hydrogen.

(LL)
"Assistance dog" has the same meaning as in section 955.011
of the Revised Code.

(MM)
"Federally licensed firearms dealer" has the same meaning
as in section 5502.63 of the Revised Code.

(NN)
"Active duty service member" means any member of the armed
forces of the United States performing active duty under title 10 of
the United States Code.

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;

(3)
By deception;

(4)
By threat;

(5)
By intimidation.

(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 misdemeanor 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, or if the offender has been convicted
of or pleaded guilty to a felony theft offense within the previous
three years, 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, or if the offender two or more times
has been convicted of or pleaded guilty to a felony theft offense
within the previous three years, 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
person
with a disability who the offender knows or reasonably should know
has a disability
,
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, or if the offender has
been convicted of or pleaded guilty to a felony theft offense within
the previous three years, 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, or if the
offender two or more times has been convicted of or pleaded guilty to
a felony theft offense within the previous three years, 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. If the
victim of the offense is an elderly person, in addition to any other
penalty imposed for the offense, the offender shall be required to
pay full restitution to the victim and to pay a fine of up to fifty
thousand dollars. The clerk of court shall forward all fines
collected under division (B)(3) of this section to the county
department of job and family services to be used for the reporting
and investigation of elder abuse, neglect, and exploitation or for
the provision or arrangement of protective services under sections
5101.61 to 5101.71 of the Revised Code.

(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 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 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.
2913.03.
(A)
No person shall knowingly use or operate an aircraft, motor vehicle,
motorcycle, motorboat, or other motor-propelled vehicle without the
consent of the owner or person authorized to give consent.

(B)
No person shall knowingly use or operate an aircraft, motor vehicle,
motorboat, or other motor-propelled vehicle without the consent of
the owner or person authorized to give consent, and either remove it
from this state or keep possession of it for more than forty-eight
hours.

(C)
The following are affirmative defenses to a charge under this
section:

(1)
At the time of the alleged offense, the actor, though mistaken,
reasonably believed that the actor was authorized to use or operate
the property.

(2)
At the time of the alleged offense, the actor reasonably believed
that the owner or person empowered to give consent would authorize
the actor to use or operate the property.

(D)(1)
Whoever violates this section is guilty of unauthorized use of a
vehicle.

(2)
Except as otherwise provided in division (D)(4) of this section, a
violation of division (A) of this section is a misdemeanor of the
first degree.

(3)
Except as otherwise provided in division (D)(4) of this section, a
violation of division (B) of this section is a felony of the fifth
degree.

(4)
If the victim of the offense is an elderly person or
disabled
adult
a
person with a disability and the offender knows or reasonably should
know that the victim is a person with a disability
and
if the victim incurs a loss as a result of the violation, a violation
of division (A) or (B) of this section is whichever of the following
is applicable:

(a)
Except as otherwise provided in division (D)(4)(b), (c), or (d) of
this section, a felony of the fifth degree;

(b)
If the loss to the victim is one thousand dollars or more and is less
than seven thousand five hundred dollars, a felony of the fourth
degree;

(c)
If the loss to the victim is seven thousand five hundred dollars or
more and is less than thirty-seven thousand five hundred dollars, a
felony of the third degree;

(d)
If the loss to the victim is thirty-seven thousand five hundred
dollars or more, a felony of the second degree.

Sec.
2913.04.
(A)
No person shall knowingly use or operate the property of another
without the consent of the owner or person authorized to give
consent.

(B)
No person, in any manner and by any means, including, but not limited
to, computer hacking, shall knowingly gain access to, attempt to gain
access to, or cause access to be gained to any computer, computer
system, computer network, cable service, cable system,
telecommunications device, telecommunications service, or information
service without the consent of, or beyond the scope of the express or
implied consent of, the owner of the computer, computer system,
computer network, cable service, cable system, telecommunications
device, telecommunications service, or information service or other
person authorized to give consent.

(C)
Except as permitted under section 5503.101 of the Revised Code, no
person shall knowingly gain access to, attempt to gain access to,
cause access to be granted to, or disseminate information gained from
access to the law enforcement automated database system created
pursuant to section 5503.10 of the Revised Code without the consent
of, or beyond the scope of the express or implied consent of, the
chair of the law enforcement automated data system steering
committee.

(D)
No person shall knowingly gain access to, attempt to gain access to,
cause access to be granted to, or disseminate information gained from
access to the Ohio law enforcement gateway established and operated
pursuant to division (C)(1) of section 109.57 of the Revised Code
without the consent of, or beyond the scope of the express or implied
consent of, the superintendent of the bureau of criminal
identification and investigation.

(E)
The affirmative defenses contained in division (C) of section 2913.03
of the Revised Code are affirmative defenses to a charge under this
section.

(F)(1)
Whoever violates division (A) of this section is guilty of
unauthorized use of property.

(2)
Except as otherwise provided in division (F)(3) or (4) of this
section, unauthorized use of property is a misdemeanor of the fourth
degree.

(3)
Except as otherwise provided in division (F)(4) of this section, if
unauthorized use of property is committed for the purpose of devising
or executing a scheme to defraud or to obtain property or services,
unauthorized use of property is whichever of the following is
applicable:

(a)
Except as otherwise provided in division (F)(3)(b), (c), or (d) of
this section, a misdemeanor of the first degree.

(b)
If the value of the property or services or the loss to the victim is
one thousand dollars or more and is less than seven thousand five
hundred dollars, a felony of the fifth degree.

(c)
If the value of the property or services or the loss to the victim is
seven thousand five hundred dollars or more and is less than one
hundred fifty thousand dollars, a felony of the fourth degree.

(d)
If the value of the property or services or the loss to the victim is
one hundred fifty thousand dollars or more, a felony of the third
degree.

(4)
If the victim of the offense is an elderly person or
disabled
adult
a
person with a disability and the offender knows or reasonably should
know that the victim is a person with a disability
,
unauthorized use of property is whichever of the following is
applicable:

(a)
Except as otherwise provided in division (F)(4)(b), (c), or (d) of
this section, a felony of the fifth degree;

(b)
If the value of the property or services or loss to the victim is one
thousand dollars or more and is less than seven thousand five hundred
dollars, a felony of the fourth degree;

(c)
If the value of the property or services or loss to the victim is
seven thousand five hundred dollars or more and is less than
thirty-seven thousand five hundred dollars, a felony of the third
degree;

(d)
If the value of the property or services or loss to the victim is
thirty-seven thousand five hundred dollars or more, a felony of the
second degree.

(G)(1)
Whoever violates division (B) of this section is guilty of
unauthorized use of computer, cable, or telecommunication property,
and shall be punished as provided in division (G)(2), (3), or (4) of
this section.

(2)
Except as otherwise provided in division (G)(3) or (4) of this
section, unauthorized use of computer, cable, or telecommunication
property is a felony of the fifth degree.

(3)
Except as otherwise provided in division (G)(4) of this section, if
unauthorized use of computer, cable, or telecommunication property is
committed for the purpose of devising or executing a scheme to
defraud or to obtain property or services, for obtaining money,
property, or services by false or fraudulent pretenses, or for
committing any other criminal offense, unauthorized use of computer,
cable, or telecommunication property is whichever of the following is
applicable:

(a)
Except as otherwise provided in division (G)(3)(b) of this section,
if the value of the property or services involved or the loss to the
victim is seven thousand five hundred dollars or more and less than
one hundred fifty thousand dollars, a felony of the fourth degree;

(b)
If the value of the property or services involved or the loss to the
victim is one hundred fifty thousand dollars or more, a felony of the
third degree.

(4)
If the victim of the offense is an elderly person or
disabled
adult
a
person with a disability and the offender knows or reasonably should
know that the victim is a person with a disability
,
unauthorized use of computer, cable, or telecommunication property is
whichever of the following is applicable:

(a)
Except as otherwise provided in division (G)(4)(b), (c), or (d) of
this section, a felony of the fifth degree;

(b)
If the value of the property or services or loss to the victim is one
thousand dollars or more and is less than seven thousand five hundred
dollars, a felony of the fourth degree;

(c)
If the value of the property or services or loss to the victim is
seven thousand five hundred dollars or more and is less than
thirty-seven thousand five hundred dollars, a felony of the third
degree;

(d)
If the value of the property or services or loss to the victim is
thirty-seven thousand five hundred dollars or more, a felony of the
second degree.

(H)
Whoever violates division (C) of this section is guilty of
unauthorized use of the law enforcement automated database system, a
felony of the fifth degree.

(I)
Whoever violates division (D) of this section is guilty of
unauthorized use of the Ohio law enforcement gateway, a felony of the
fifth degree.

(J)
As used in this section:

(1)
"Cable operator" means any person or group of persons that
does either of the following:

(a)
Provides cable service over a cable system and directly or through
one or more affiliates owns a significant interest in that cable
system;

(b)
Otherwise controls or is responsible for, through any arrangement,
the management and operation of a cable system.

(2)
"Cable service" means any of the following:

(a)
The one-way transmission to subscribers of video programming or of
information that a cable operator makes available to all subscribers
generally;

(b)
Subscriber interaction, if any, that is required for the selection or
use of video programming or of information that a cable operator
makes available to all subscribers generally, both as described in
division (J)(2)(a) of this section;

(c)
Any cable television service.

(3)
"Cable system" means any facility, consisting of a set of
closed transmission paths and associated signal generation,
reception, and control equipment that is designed to provide cable
service that includes video programming and that is provided to
multiple subscribers within a community. "Cable system"
does not include any of the following:

(a)
Any facility that serves only to retransmit the television signals of
one or more television broadcast stations;

(b)
Any facility that serves subscribers without using any public
right-of-way;

(c)
Any facility of a common carrier that, under 47 U.S.C.A. 522(7)(c),
is excluded from the term "cable system" as defined in 47
U.S.C.A. 522(7);

(d)
Any open video system that complies with 47 U.S.C.A. 573;

(e)
Any facility of any electric utility used solely for operating its
electric utility system.

Sec.
2913.05.
(A)
No person, having devised a scheme to defraud, shall knowingly
disseminate, transmit, or cause to be disseminated or transmitted by
means of a wire, radio, satellite, telecommunication,
telecommunications device, telecommunications service, or voice over
internet protocol service any writing, data, sign, signal, picture,
sound, or image with purpose to execute or otherwise further the
scheme to defraud.

(B)
No person, with the intent to defraud, cause harm, or wrongfully
obtain anything of value, shall knowingly cause, directly or
indirectly, any caller identification service to transmit or display
misleading or inaccurate caller identification information in
connection with any telecommunication service or voice over internet
protocol service.

(C)
Divisions (A) and (B) of this section do not apply to any of the
following:

(1)
A person who uses a telephone number that is identified as "unknown"
or "blocked" or who leaves a message and includes the
person's true identity;

(2)
Any lawfully authorized investigative, protective, or intelligence
activity of a law enforcement agency of the United States, a state, a
county, or a political subdivision of a state;

(3)
Any activity engaged in pursuant to a court order that specifically
authorizes the use of caller identification manipulation.

(D)
If an offender commits a violation of division (A) or (B) of this
section and the violation occurs as part of a course of conduct
involving other violations of division (A) or (B) of this section or
violations of, attempts to violate, conspiracies to violate, or
complicity in violations of section 2913.02, 2913.04, 2913.11,
2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code,
the court, in determining the degree of the offense pursuant to
division (E) of this section, may aggregate the value of the benefit
obtained by the offender or of the detriment to the victim of the
fraud in the violations involved in that course of conduct. The
course of conduct may involve one victim or more than one victim.

(E)(1)
Whoever violates this section is guilty of telecommunications fraud.
Except as otherwise provided in this division, telecommunications
fraud is a felony of the fifth degree. If the value of the benefit
obtained by the offender or of the detriment to the victim of the
fraud is one thousand dollars or more but less than seven thousand
five hundred dollars, telecommunications fraud is a felony of the
fourth degree. If the value of the benefit obtained by the offender
or of the detriment to the victim of the fraud is seven thousand five
hundred dollars or more but less than one hundred fifty thousand
dollars, telecommunications fraud is a felony of the third degree. If
the value of the benefit obtained by the offender or of the detriment
to the victims of the fraud is one hundred fifty thousand dollars or
more but less than one million dollars, telecommunications fraud is a
felony of the second degree. If the value of the benefit obtained by
the offender or of the detriment to the victims of the fraud is one
million dollars or more, telecommunications fraud is a felony of the
first degree.

(2)
If the victim of a violation of this section is an elderly person,

disabled
adult
person
with a disability who the offender knows or reasonably should know
has a disability
,
active duty service member, or spouse of an active duty service
member, telecommunications fraud is a felony of the fourth degree.

(F)
As used in this section, "voice over internet protocol service"
has the same meaning as in section 4927.01 of the Revised Code.

Sec.
2913.21.
(A)
No person shall do any of the following:

(1)
Practice deception for the purpose of procuring the issuance of a
credit card, when a credit card is issued in actual reliance thereon;

(2)
Knowingly buy or sell a credit card from or to a person other than
the issuer;

(3)
As an officer, employee, or appointee of a political subdivision or
as a public servant as defined under section 2921.01 of the Revised
Code, knowingly misuse a credit card account held by a political
subdivision.

(B)
No person, with purpose to defraud, shall do any of the following:

(1)
Obtain control over a credit card as security for a debt;

(2)
Obtain property or services by the use of a credit card, in one or
more transactions, knowing or having reasonable cause to believe that
the card has expired or been revoked, or was obtained, is retained,
or is being used in violation of law;

(3)
Furnish property or services upon presentation of a credit card,
knowing that the card is being used in violation of law;

(4)
Represent or cause to be represented to the issuer of a credit card
that property or services have been furnished, knowing that the
representation is false.

(C)
No person, with purpose to violate this section, shall receive,
possess, control, or dispose of a credit card.

(D)(1)
Whoever violates this section is guilty of misuse of credit cards.

(2)
Except as otherwise provided in division (D)(4) of this section, a
violation of division (A), (B)(1), or (C) of this section is a
misdemeanor of the first degree.

(3)
Except as otherwise provided in this division or division (D)(4) of
this section, a violation of division (B)(2), (3), or (4) of this
section is a misdemeanor of the first degree. If the cumulative
retail value of the property and services involved in one or more
violations of division (B)(2), (3), or (4) of this section, which
violations involve one or more credit card accounts and occur within
a period of ninety consecutive days commencing on the date of the
first violation, is one thousand dollars or more and is less than
seven thousand five hundred dollars, misuse of credit cards in
violation of any of those divisions is a felony of the fifth degree.
If the cumulative retail value of the property and services involved
in one or more violations of division (B)(2), (3), or (4) of this
section, which violations involve one or more credit card accounts
and occur within a period of ninety consecutive days commencing on
the date of the first violation, is seven thousand five hundred
dollars or more and is less than one hundred fifty thousand dollars,
misuse of credit cards in violation of any of those divisions is a
felony of the fourth degree. If the cumulative retail value of the
property and services involved in one or more violations of division
(B)(2), (3), or (4) of this section, which violations involve one or
more credit card accounts and occur within a period of ninety
consecutive days commencing on the date of the first violation, is
one hundred fifty thousand dollars or more, misuse of credit cards in
violation of any of those divisions is a felony of the third degree.

(4)
If the victim of the offense is an elderly person or
disabled
adult
a
person with a disability and the offender knows or reasonably should
know that the victim is a person with a disability
,
and if the offense involves a violation of division (B)(1) or (2) of
this section, division (D)(4) of this section applies. Except as
otherwise provided in division (D)(4) of this section, a violation of
division (B)(1) or (2) of this section is a felony of the fifth
degree. If the debt for which the card is held as security or the
cumulative retail value of the property or services involved in the
violation is one thousand dollars or more and is less than seven
thousand five hundred dollars, a violation of either of those
divisions is a felony of the fourth degree. If the debt for which the
card is held as security or the cumulative retail value of the
property or services involved in the violation is seven thousand five
hundred dollars or more and is less than thirty-seven thousand five
hundred dollars, a violation of either of those divisions is a felony
of the third degree. If the debt for which the card is held as
security or the cumulative retail value of the property or services
involved in the violation is thirty-seven thousand five hundred
dollars or more, a violation of either of those divisions is a felony
of the second degree. In addition to any other penalty imposed under
division (D)(4) of this section, the offender shall be required to
pay full restitution to the victim and to pay a fine of up to fifty
thousand dollars. The clerk of court shall forward all fines
collected under division (D)(4) of this section to the county
department of job and family services to be used for the reporting
and investigation of elder abuse, neglect, and exploitation or for
the provision or arrangement of protective services under sections
5101.61 to 5101.71 of the Revised Code.

Sec.
2913.31.
(A)
No person, with purpose to defraud, or knowing that the person is
facilitating a fraud, shall do any of the following:

(1)
Forge any writing of another without the other person's authority;

(2)
Forge any writing so that it purports to be genuine when it actually
is spurious, or to be the act of another who did not authorize that
act, or to have been executed at a time or place or with terms
different from what in fact was the case, or to be a copy of an
original when no such original existed;

(3)
Utter, or possess with purpose to utter, any writing that the person
knows to have been forged.

(B)
No person shall knowingly do either of the following:

(1)
Forge an identification card;

(2)
Sell or otherwise distribute a card that purports to be an
identification card, knowing it to have been forged.

As
used in this division, "identification card" means a card
that includes personal information or characteristics of an
individual, a purpose of which is to establish the identity of the
bearer described on the card, whether the words "identity,"
"identification," "identification card," or other
similar words appear on the card.

(C)(1)(a)
Whoever violates division (A) of this section is guilty of forgery.

(b)
Except as otherwise provided in this division or division (C)(1)(c)
of this section and subject to division (C)(1)(d) of this section,
forgery is a felony of the fifth degree. If property or services are
involved in the offense or the victim suffers a loss, forgery is one
of the following:

(i)
If the value of the property or services or the loss to the victim is
seven thousand five hundred dollars or more and is less than one
hundred fifty thousand dollars, a felony of the fourth degree;

(ii)
If the value of the property or services or the loss to the victim is
one hundred fifty thousand dollars or more, a felony of the third
degree.

(c)
If the victim of the offense is an elderly person or
disabled
adult
a
person with a disability and the offender knows or reasonably should
know that the victim is a person with a disability
,
division (C)(1)(c) of this section applies to the forgery. Except as
otherwise provided in division (C)(1)(c) of this section, forgery is
a felony of the fifth degree. If property or services are involved in
the offense or if the victim suffers a loss, forgery is one of the
following:

(i)
If the value of the property or services or the loss to the victim is
one thousand dollars or more and is less than seven thousand five
hundred dollars, a felony of the fourth degree;

(ii)
If the value of the property or services or the loss to the victim is
seven thousand five hundred dollars or more and is less than
thirty-seven thousand five hundred dollars, a felony of the third
degree;

(iii)
If the value of the property or services or the loss to the victim is
thirty-seven thousand five hundred dollars or more, a felony of the
second degree.

(d)
If the victim of the offense is an elderly person, division (C)(1)(d)
of this section applies to the forgery. In addition to any other
penalty imposed for the offense under division (C)(1)(c) of this
section, the offender shall be required to pay full restitution to
the victim and to pay a fine of up to fifty thousand dollars. The
clerk of court shall forward all fines collected under division
(C)(1)(d) of this section to the county department of job and family
services to be used for the reporting and investigation of elder
abuse, neglect, and exploitation or for the provision or arrangement
of protective services under sections 5101.61 to 5101.71 of the
Revised Code.

(2)(a)
Whoever violates division (B) of this section is guilty of forging
identification cards or selling or distributing forged identification
cards. Except as otherwise provided in this division, forging
identification cards or selling or distributing forged identification
cards is a misdemeanor of the first degree. If the offender
previously has been convicted of a violation of division (B) of this
section, forging identification cards or selling or distributing
forged identification cards is a misdemeanor of the first degree and,
in addition, the court shall impose upon the offender a fine of not
less than two hundred fifty dollars.

(b)
If the victim of a violation of division (B) of this section is an
elderly person, division (C)(2)(b) of this section applies to the
offense. In addition to any other penalty imposed for the offense
under division (C)(2)(a) of this section, whoever violates division
(B) of this section shall be required to pay full restitution to the
victim and to pay a fine of up to fifty thousand dollars. The clerk
of court shall forward all fines collected under division (C)(2)(b)
of this section to the county department of job and family services
to be used for the reporting and investigation of elder abuse,
neglect, and exploitation or for the provision or arrangement of
protective services under sections 5101.61 to 5101.71 of the Revised
Code.

Sec.
2913.43.
(A)
No person, by deception, shall cause another to execute any writing
that disposes of or encumbers property, or by which a pecuniary
obligation is incurred.

(B)(1)
Whoever violates this section is guilty of securing writings by
deception.

(2)
Except as otherwise provided in this division or division (B)(3) of
this section, securing writings by deception is a misdemeanor of the
first degree. If the value of the property or the obligation involved
is one thousand dollars or more and less than seven thousand five
hundred dollars, securing writings by deception is a felony of the
fifth degree. If the value of the property or the obligation involved
is seven thousand five hundred dollars or more and is less than one
hundred fifty thousand dollars, securing writings by deception is a
felony of the fourth degree. If the value of the property or the
obligation involved is one hundred fifty thousand dollars or more,
securing writings by deception is a felony of the third degree.

(3)
If the victim of the offense is an elderly person,
disabled
adult
person
with a disability who the offender knows or reasonably should know
has a disability
,
active duty service member, or spouse of an active duty service
member, division (B)(3) of this section applies. Except as otherwise
provided in division (B)(3) of this section, securing writings by
deception is a felony of the fifth degree. If the value of the
property or obligation involved is one thousand dollars or more and
is less than seven thousand five hundred dollars, securing writings
by deception is a felony of the fourth degree. If the value of the
property or obligation involved is seven thousand five hundred
dollars or more and is less than thirty-seven thousand five hundred
dollars, securing writings by deception is a felony of the third
degree. If the value of the property or obligation involved is
thirty-seven thousand five hundred dollars or more, securing writings
by deception is a felony of the second degree. If the victim of the
offense is an elderly person, in addition to any other penalty
imposed for the offense, the offender shall be required to pay full
restitution to the victim and to pay a fine of up to fifty thousand
dollars. The clerk of court shall forward all fines collected under
division (B)(3) of this section to the county department of job and
family services to be used for the reporting and investigation of
elder abuse, neglect, and exploitation or for the provision or
arrangement of protective services under sections 5101.61 to 5101.71
of the Revised Code.

Sec.
2913.49.
(A)
As used in this section, "personal identifying information"
includes, but is not limited to, the following: the name, address,
telephone number, driver's license, driver's license number,
commercial driver's license, commercial driver's license number,
state identification card, state identification card number, social
security card, social security number, birth certificate, place of
employment, employee identification number, mother's maiden name,
demand deposit account number, savings account number, money market
account number, mutual fund account number, other financial account
number, personal identification number, password, or credit card
number of a living or dead individual.

(B)
No person, without the express or implied consent of the other
person, shall use, obtain, or possess any personal identifying
information of another person with intent to do either of the
following:

(1)
Hold the person out to be the other person;

(2)
Represent the other person's personal identifying information as the
person's own personal identifying information.

(C)
No person shall create, obtain, possess, or use the personal
identifying information of any person with the intent to aid or abet
another person in violating division (B) of this section.

(D)
No person, with intent to defraud, shall permit another person to use
the person's own personal identifying information.

(E)
No person who is permitted to use another person's personal
identifying information as described in division (D) of this section
shall use, obtain, or possess the other person's personal identifying
information with intent to defraud any person by doing any act
identified in division (B)(1) or (2) of this section.

(F)(1)
It is an affirmative defense to a charge under division (B) of this
section that the person using the personal identifying information is
acting in accordance with a legally recognized guardianship or
conservatorship or as a trustee or fiduciary.

(2)
It is an affirmative defense to a charge under division (B), (C),
(D), or (E) of this section that either of the following applies:

(a)
The person or entity using, obtaining, possessing, or creating the
personal identifying information or permitting it to be used is a law
enforcement agency, authorized fraud personnel, or a representative
of or attorney for a law enforcement agency or authorized fraud
personnel and is using, obtaining, possessing, or creating the
personal identifying information or permitting it to be used, with
prior consent given as specified in this division, in a bona fide
investigation, an information security evaluation, a pretext calling
evaluation, or a similar matter. The prior consent required under
this division shall be given by the person whose personal identifying
information is being used, obtained, possessed, or created or is
being permitted to be used or, if the person whose personal
identifying information is being used, obtained, possessed, or
created or is being permitted to be used is deceased, by that
deceased person's executor, or a member of that deceased person's
family, or that deceased person's attorney. The prior consent
required under this division may be given orally or in writing by the
person whose personal identifying information is being used,
obtained, possessed, or created or is being permitted to be used or
that person's executor, or family member, or attorney.

(b)
The personal identifying information was obtained, possessed, used,
created, or permitted to be used for a lawful purpose, provided that
division (F)(2)(b) of this section does not apply if the person or
entity using, obtaining, possessing, or creating the personal
identifying information or permitting it to be used is a law
enforcement agency, authorized fraud personnel, or a representative
of or attorney for a law enforcement agency or authorized fraud
personnel that is using, obtaining, possessing, or creating the
personal identifying information or permitting it to be used in an
investigation, an information security evaluation, a pretext calling
evaluation, or similar matter.

(G)
It is not a defense to a charge under this section that the person
whose personal identifying information was obtained, possessed, used,
created, or permitted to be used was deceased at the time of the
offense.

(H)(1)
If an offender commits a violation of division (B), (D), or (E) of
this section and the violation occurs as part of a course of conduct
involving other violations of division (B), (D), or (E) of this
section or violations of, attempts to violate, conspiracies to
violate, or complicity in violations of division (C) of this section
or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42,
2913.43, or 2921.13 of the Revised Code, the court, in determining
the degree of the offense pursuant to division (I) of this section,
may aggregate all credit, property, or services obtained or sought to
be obtained by the offender and all debts or other legal obligations
avoided or sought to be avoided by the offender in the violations
involved in that course of conduct. The course of conduct may involve
one victim or more than one victim.

(2)
If an offender commits a violation of division (C) of this section
and the violation occurs as part of a course of conduct involving
other violations of division (C) of this section or violations of,
attempts to violate, conspiracies to violate, or complicity in
violations of division (B), (D), or (E) of this section or section
2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or
2921.13 of the Revised Code, the court, in determining the degree of
the offense pursuant to division (I) of this section, may aggregate
all credit, property, or services obtained or sought to be obtained
by the person aided or abetted and all debts or other legal
obligations avoided or sought to be avoided by the person aided or
abetted in the violations involved in that course of conduct. The
course of conduct may involve one victim or more than one victim.

(I)(1)
Whoever violates this section is guilty of identity fraud.

(2)
Except as otherwise provided in this division or division (I)(3) of
this section, identity fraud is a felony of the fifth degree. If the
value of the credit, property, services, debt, or other legal
obligation involved in the violation or course of conduct is one
thousand dollars or more and is less than seven thousand five hundred
dollars, except as otherwise provided in division (I)(3) of this
section, identity fraud is a felony of the fourth degree. If the
value of the credit, property, services, debt, or other legal
obligation involved in the violation or course of conduct is seven
thousand five hundred dollars or more and is less than one hundred
fifty thousand dollars, except as otherwise provided in division
(I)(3) of this section, identity fraud is a felony of the third
degree. If the value of the credit, property, services, debt, or
other legal obligation involved in the violation or course of conduct
is one hundred fifty thousand dollars or more, except as otherwise
provided in division (I)(3) of this section, identity fraud is a
felony of the second degree.

(3)
If the victim of the offense is an elderly person,
disabled
adult
person
with a disability who the offender knows or reasonably should know
has a disability
,
active duty service member, or spouse of an active duty service
member, a violation of this section is identity fraud against a
person in a protected class. Except as otherwise provided in this
division, identity fraud against a person in a protected class is a
felony of the fourth degree. If the value of the credit, property,
services, debt, or other legal obligation involved in the violation
or course of conduct is one thousand dollars or more and is less than
seven thousand five hundred dollars, identity fraud against a person
in a protected class is a felony of the third degree. If the value of
the credit, property, services, debt, or other legal obligation
involved in the violation or course of conduct is seven thousand five
hundred dollars or more and is less than one hundred fifty thousand
dollars, identity fraud against a person in a protected class is a
felony of the second degree. If the value of the credit, property,
services, debt, or other legal obligation involved in the violation
or course of conduct is one hundred fifty thousand dollars or more,
identity fraud against a person in a protected class is a felony of
the first degree. If the victim of the offense is an elderly person,
in addition to any other penalty imposed for the offense, the
offender shall be required to pay full restitution to the victim and
to pay a fine of up to fifty thousand dollars. The clerk of court
shall forward all fines collected under division (I)(3) of this
section to the county department of job and family services to be
used for the reporting and investigation of elder abuse, neglect, and
exploitation or for the provision or arrangement of protective
services under sections 5101.61 to 5101.71 of the Revised Code.

(J)
In addition to the penalties described in division (I) of this
section, anyone injured in person or property by a violation of
division (B), (D), or (E) of this section who is the owner of the
identifying information involved in that violation has a civil action
against the offender pursuant to section 2307.60 of the Revised Code.
That person may also bring a civil action to enjoin or restrain
future acts that would constitute a violation of division (B), (D),
or (E) of this section.

Sec.
2913.61.
(A)
When a person is charged with a theft offense, or with a violation of
division (A)(1) of section 1716.14 of the Revised Code involving a
victim who is an elderly person or
disabled
adult
a
person with a disability and the offender knows or reasonably should
know that the victim is a person with a disability
that
involves property or services valued at one thousand dollars or more,
property or services valued at one thousand dollars or more and less
than seven thousand five hundred dollars, property or services valued
at one thousand five hundred dollars or more and less than seven
thousand five hundred dollars, property or services valued at seven
thousand five hundred dollars or more and less than thirty-seven
thousand five hundred dollars, property or services valued at seven
thousand five hundred dollars or more and less than one hundred fifty
thousand dollars, property or services valued at thirty-seven
thousand five hundred dollars or more and less than one hundred fifty
thousand dollars, property or services valued at thirty-seven
thousand five hundred dollars or more, property or services valued at
one hundred fifty thousand dollars or more, property or services
valued at one hundred fifty thousand dollars or more and less than
seven hundred fifty thousand dollars, property or services valued at
seven hundred fifty thousand dollars or more and less than one
million five hundred thousand dollars, or property or services valued
at one million five hundred thousand dollars or more, the jury or
court trying the accused shall determine the value of the property or
services as of the time of the offense and, if a guilty verdict is
returned, shall return the finding of value as part of the verdict.
In any case in which the jury or court determines that the value of
the property or services at the time of the offense was one thousand
dollars or more, it is unnecessary to find and return the exact
value, and it is sufficient if the finding and return is to the
effect that the value of the property or services involved was one
thousand dollars or more, was one thousand dollars or more and less
than seven thousand five hundred dollars, was one thousand five
hundred dollars or more and less than seven thousand five hundred
dollars, was seven thousand five hundred dollars or more and less
than thirty-seven thousand five hundred dollars, was seven thousand
five hundred dollars or more and less than one hundred fifty thousand
dollars, was thirty-seven thousand five hundred dollars or more and
less than one hundred fifty thousand dollars, was thirty-seven
thousand five hundred dollars or more, was one hundred fifty thousand
dollars or more, was one hundred fifty thousand dollars or more and
less than seven hundred fifty thousand dollars, was seven hundred
fifty thousand dollars or more and less than one million five hundred
thousand dollars, or was one million five hundred thousand dollars or
more, whichever is relevant regarding the offense.

(B)
If more than one item of property or services is involved in a theft
offense or in a violation of division (A)(1) of section 1716.14 of
the Revised Code involving a victim who is an elderly person or

disabled
adult
a
person with a disability and the offender knows or reasonably should
know that the victim is a person with a disability
,
the value of the property or services involved for the purpose of
determining the value as required by division (A) of this section is
the aggregate value of all property or services involved in the
offense.

(C)(1)
When a series of offenses under section 2913.02 of the Revised Code,
or a series of violations of, attempts to commit a violation of,
conspiracies to violate, or complicity in violations of division
(A)(1) of section 1716.14, section 2913.02, 2913.03, or 2913.04,
division (B)(1) or (2) of section 2913.21, or section 2913.31 or
2913.43 of the Revised Code involving a victim who is an elderly
person or
disabled
adult
a
person with a disability and the offender knows or reasonably should
know that the victim is a person with a disability
,
is committed by the offender in the offender's same employment,
capacity, or relationship to another, all of those offenses shall be
tried as a single offense. When a series of offenses under section
2913.02 of the Revised Code, or a series of violations of, attempts
to commit a violation of, conspiracies to violate, or complicity in
violations of section 2913.02 or 2913.43 of the Revised Code
involving a victim who is an active duty service member or spouse of
an active duty service member is committed by the offender in the
offender's same employment, capacity, or relationship to another, all
of those offenses shall be tried as a single offense. The value of
the property or services involved in the series of offenses for the
purpose of determining the value as required by division (A) of this
section is the aggregate value of all property and services involved
in all offenses in the series.

(2)
If an offender commits a series of offenses under section 2913.02 of
the Revised Code that involves a common course of conduct to defraud
multiple victims, all of the offenses may be tried as a single
offense. If an offender is being tried for the commission of a series
of violations of, attempts to commit a violation of, conspiracies to
violate, or complicity in violations of division (A)(1) of section
1716.14, section 2913.02, 2913.03, or 2913.04, division (B)(1) or (2)
of section 2913.21, or section 2913.31 or 2913.43 of the Revised
Code, whether committed against one victim or more than one victim,
involving a victim who is an elderly person or
disabled
adult
a
person with a disability and the offender knows or reasonably should
know that the victim is a person with a disability
,
pursuant to a scheme or course of conduct, all of those offenses may
be tried as a single offense. If an offender is being tried for the
commission of a series of violations of, attempts to commit a
violation of, conspiracies to violate, or complicity in violations of
section 2913.02 or 2913.43 of the Revised Code, whether committed
against one victim or more than one victim, involving a victim who is
an active duty service member or spouse of an active duty service
member pursuant to a scheme or course of conduct, all of those
offenses may be tried as a single offense. If the offenses are tried
as a single offense, the value of the property or services involved
for the purpose of determining the value as required by division (A)
of this section is the aggregate value of all property and services
involved in all of the offenses in the course of conduct.

(3)
When a series of two or more offenses under section 2913.40, 2913.48,
or 2921.41 of the Revised Code is committed by the offender in the
offender's same employment, capacity, or relationship to another, all
of those offenses may be tried as a single offense. If the offenses
are tried as a single offense, the value of the property or services
involved for the purpose of determining the value as required by
division (A) of this section is the aggregate value of all property
and services involved in all of the offenses in the series of two or
more offenses.

(4)
In prosecuting a single offense under division (C)(1), (2), or (3) of
this section, it is not necessary to separately allege and prove each
offense in the series. Rather, it is sufficient to allege and prove
that the offender, within a given span of time, committed one or more
theft offenses or violations of section 2913.40, 2913.48, or 2921.41
of the Revised Code in the offender's same employment, capacity, or
relationship to another as described in division (C)(1) or (3) of
this section, or committed one or more theft offenses that involve a
common course of conduct to defraud multiple victims or a scheme or
course of conduct as described in division (C)(2) of this section.
While it is not necessary to separately allege and prove each offense
in the series in order to prosecute a single offense under division
(C)(1), (2), or (3) of this section, it remains necessary in
prosecuting them as a single offense to prove the aggregate value of
the property or services in order to meet the requisite statutory
offense level sought by the prosecution.

(D)
The following criteria shall be used in determining the value of
property or services involved in a theft offense:

(1)
The value of an heirloom, memento, collector's item, antique, museum
piece, manuscript, document, record, or other thing that has
intrinsic worth to its owner and that either is irreplaceable or is
replaceable only on the expenditure of substantial time, effort, or
money, is the amount that would compensate the owner for its loss.

(2)
The value of personal effects and household goods, and of materials,
supplies, equipment, and fixtures used in the profession, business,
trade, occupation, or avocation of its owner, which property is not
covered under division (D)(1) of this section and which retains
substantial utility for its purpose regardless of its age or
condition, is the cost of replacing the property with new property of
like kind and quality.

(3)
The value of any real or personal property that is not covered under
division (D)(1) or (2) of this section, and the value of services, is
the fair market value of the property or services. As used in this
section, "fair market value" is the money consideration
that a buyer would give and a seller would accept for property or
services, assuming that the buyer is willing to buy and the seller is
willing to sell, that both are fully informed as to all facts
material to the transaction, and that neither is under any compulsion
to act.

(E)
Without limitation on the evidence that may be used to establish the
value of property or services involved in a theft offense:

(1)
When the property involved is personal property held for sale at
wholesale or retail, the price at which the property was held for
sale is prima-facie evidence of its value.

(2)
When the property involved is a security or commodity traded on an
exchange, the closing price or, if there is no closing price, the
asked price, given in the latest market quotation prior to the
offense is prima-facie evidence of the value of the security or
commodity.

(3)
When the property involved is livestock, poultry, or raw agricultural
products for which a local market price is available, the latest
local market price prior to the offense is prima-facie evidence of
the value of the livestock, poultry, or products.

(4)
When the property involved is a negotiable instrument, the face value
is prima-facie evidence of the value of the instrument.

(5)
When the property involved is a warehouse receipt, bill of lading,
pawn ticket, claim check, or other instrument entitling the holder or
bearer to receive property, the face value or, if there is no face
value, the value of the property covered by the instrument less any
payment necessary to receive the property is prima-facie evidence of
the value of the instrument.

(6)
When the property involved is a ticket of admission, ticket for
transportation, coupon, token, or other instrument entitling the
holder or bearer to receive property or services, the face value or,
if there is no face value, the value of the property or services that
may be received by the instrument is prima-facie evidence of the
value of the instrument.

(7)
When the services involved are gas, electricity, water, telephone,
transportation, shipping, or other services for which the rate is
established by law, the duly established rate is prima-facie evidence
of the value of the services.

(8)
When the services involved are services for which the rate is not
established by law, and the offender has been notified prior to the
offense of the rate for the services, either in writing, orally, or
by posting in a manner reasonably calculated to come to the attention
of potential offenders, the rate contained in the notice is
prima-facie evidence of the value of the services.

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)
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)
Knowingly 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 offensive 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
Except
as otherwise provided in this division, a

violation of division (A)(1), (2), (3), (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.

If the victim is a person with a disability and the offender knows or
reasonably should know that the victim is a person with a disability,
a violation of division (A)(1), (2), (3), (5), (6), (7), (8), (9),
(10), or (11) or division (B) of this section is a felony of the
fifth degree on a first offense and a felony of the fourth degree on
each subsequent offense.

(3)
Except as otherwise provided in
this

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 the victim is a person with a disability and the offender knows or
reasonably should know that the victim is a person with a disability,
a violation of division (A)(4) of this section is a felony of the
fifth degree on a first offense and a felony of the fourth 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
the victim is a person with a disability and the offender knows or
reasonably should know that the victim is a person with a disability,
and 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 fourth 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 the victim is a person with a disability and the offender knows or
reasonably should know that the victim is a person with a disability,
and 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 third 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.

If the victim is a person with a disability and the offender knows or
reasonably should know that the victim is a person with a disability,
and 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 second 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.

(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.

(8)
"Disability" has the same meaning as in section 4112.01 of
the Revised Code.

(H)
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.

Sec.
2919.25.
(A)
No person shall knowingly cause or attempt to cause physical harm to
a family or household member.

(B)
No person shall recklessly cause serious physical harm to a family or
household member.

(C)
No person, by threat of force, shall knowingly cause a family or
household member to believe that the offender will cause imminent
physical harm to the family or household member.

(D)(1)
Whoever violates this section is guilty of domestic violence, and the
court shall sentence the offender as provided in divisions (D)(2) to
(6) of this section.

(2)
Except as otherwise provided in
this
division or
divisions
(D)(3) to (5) of this section, a violation of division (C) of this
section is a misdemeanor of the fourth degree, and a violation of
division (A) or (B) of this section is a misdemeanor of the first
degree.

If the victim is a person with a disability and the offender knows or
reasonably should know that the victim is a person with a disability,
a violation of division (C) of this section is a misdemeanor of the
third degree and a violation of division (A) or (B) of this section
is a felony of the fifth degree.

(3)
Except as otherwise provided in division (D)(4) of this section, if
the offender previously has pleaded guilty to or been convicted of
domestic violence, a violation of an existing or former municipal
ordinance or law of this or any other state or the United States that
is substantially similar to domestic violence, a violation of section
2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 of the
Revised Code if the victim of the violation was a family or household
member at the time of the violation, a violation of an existing or
former municipal ordinance or law of this or any other state or the
United States that is substantially similar to any of those sections
if the victim of the violation was a family or household member at
the time of the commission of the violation, or any offense of
violence if the victim of the offense was a family or household
member at the time of the commission of the offense, a violation of
division (A) or (B) of this section is a felony of the fourth degree,
and, if the offender knew that the victim of the violation was
pregnant at the time of the violation, the court shall impose a
mandatory prison term on the offender pursuant to division (D)(6) of
this section, and a violation of division (C) of this section is a
misdemeanor of the second degree.

(4)
If the offender previously has pleaded guilty to or been convicted of
two or more offenses of domestic violence or two or more violations
or offenses of the type described in division (D)(3) of this section
involving a person who was a family or household member at the time
of the violations or offenses, a violation of division (A) or (B) of
this section is a felony of the third degree, and there is a
presumption for a prison term for the offense, and a violation of
division (C) of this section is a misdemeanor of the first degree. If
the offender previously has pleaded guilty to or been convicted of
two or more offenses of domestic violence or two or more violations
or offenses of the type described in division (D)(3) of this section
involving a person who was a family or household member at the time
of the violations or offenses, and the offender knew that the victim
of the violation was pregnant at the time of the violation, a
violation of division (A) or (B) of this section is a felony of the
third degree, and the court shall impose a mandatory prison term on
the offender pursuant to division (D)(6) of this section.

(5)
Except as otherwise provided in division (D)(3) or (4) of this
section, if the offender knew that the victim of the violation was
pregnant at the time of the violation, a violation of division (A) or
(B) of this section is a felony of the fifth degree, and the court
shall impose a mandatory prison term on the offender pursuant to
division (D)(6) of this section, and a violation of division (C) of
this section is a misdemeanor of the third degree.

(6)
If division (D)(3), (4), or (5) of this section requires the court
that sentences an offender for a violation of division (A) or (B) of
this section to impose a mandatory prison term on the offender
pursuant to this division, the court shall impose the mandatory
prison term as follows:

(a)
If the violation of division (A) or (B) of this section is a felony
of the fourth or fifth degree, except as otherwise provided in
division (D)(6)(b) or (c) of this section, the court shall impose a
mandatory prison term on the offender of at least six months.

(b)
If the violation of division (A) or (B) of this section is a felony
of the fifth degree and the offender, in committing the violation,
caused serious physical harm to the pregnant woman's unborn or caused
the termination of the pregnant woman's pregnancy, the court shall
impose a mandatory prison term on the offender of twelve months.

(c)
If the violation of division (A) or (B) of this section is a felony
of the fourth degree and the offender, in committing the violation,
caused serious physical harm to the pregnant woman's unborn or caused
the termination of the pregnant woman's pregnancy, the court shall
impose a mandatory prison term on the offender of at least twelve
months.

(d)
If the violation of division (A) or (B) of this section is a felony
of the third degree and the offender knew that the victim of the
violation was pregnant at the time of the violation, except as
otherwise provided in division (D)(6)(e) of this section and
notwithstanding the range of definite prison terms prescribed in
division (A)(3) of section 2929.14 of the Revised Code for a felony
of the third degree, the court shall impose a mandatory prison term
on the offender of either a definite term of twelve months or one of
the prison terms prescribed in division (A)(3)(a) of section 2929.14
of the Revised Code for felonies of the third degree.

(e)
If the violation of division (A) or (B) of this section is a felony
of the third degree and the offender, in committing the violation,
caused serious physical harm to the pregnant woman's unborn or caused
the termination of the pregnant woman's pregnancy, notwithstanding
the range of definite prison terms prescribed in division (A)(3) of
section 2929.14 of the Revised Code for a felony of the third degree,
the court shall impose a mandatory prison term on the offender of
either a definite term of eighteen months or one of the prison terms
prescribed in division (A)(3)(a) of section 2929.14 of the Revised
Code for felonies of the third degree.

(E)
Notwithstanding any provision of law to the contrary, no court or
unit of state or local government shall charge any fee, cost,
deposit, or money in connection with the filing of charges against a
person alleging that the person violated this section or a municipal
ordinance substantially similar to this section or in connection with
the prosecution of any charges so filed.

(F)
As used in this section and sections 2919.251 and 2919.26 of the
Revised Code:

(1)
"Family or household member" means any of the following:

(a)
Any of the following who is residing or has resided with the
offender:

(i)
A spouse, a person living as a spouse, or a former spouse of the
offender;

(ii)
A parent, a foster parent, or a child of the offender, or another
person related by consanguinity or affinity to the offender;

(iii)
A parent or a child of a spouse, person living as a spouse, or former
spouse of the offender, or another person related by consanguinity or
affinity to a spouse, person living as a spouse, or former spouse of
the offender.

(b)
The natural parent of any child of whom the offender is the other
natural parent or is the putative other natural parent.

(2)
"Person living as a spouse" means a person who is living or
has lived with the offender in a common law marital relationship, who
otherwise is cohabiting with the offender, or who otherwise has
cohabited with the offender within five years prior to the date of
the alleged commission of the act in question.

(3)
"Pregnant woman's unborn" has the same meaning as "such
other person's unborn," as set forth in section 2903.09 of the
Revised Code, as it relates to the pregnant woman. Division (C) of
that section applies regarding the use of the term in this section,
except that the second and third sentences of division (C)(1) of that
section shall be construed for purposes of this section as if they
included a reference to this section in the listing of Revised Code
sections they contain.

(4)
"Termination of the pregnant woman's pregnancy" has the
same meaning as "unlawful termination of another's pregnancy,"
as set forth in section 2903.09 of the Revised Code, as it relates to
the pregnant woman. Division (C) of that section applies regarding
the use of the term in this section, except that the second and third
sentences of division (C)(1) of that section shall be construed for
purposes of this section as if they included a reference to this
section in the listing of Revised Code sections they contain.

(5)
"Disability" has the same meaning as in section 4112.01 of
the Revised Code.

Section
2.
That
existing sections 2903.10, 2903.11, 2903.12, 2903.13, 2903.14,
2903.16, 2903.18, 2903.21, 2903.211, 2903.22, 2903.31, 2905.01,
2905.11, 2905.12, 2905.22, 2905.32, 2907.03, 2907.05, 2909.01,
2909.06, 2909.07, 2911.02, 2911.12, 2913.01, 2913.02, 2913.03,
2913.04, 2913.05, 2913.21, 2913.31, 2913.43, 2913.49, 2913.61,
2917.21, and 2919.25 of the Revised Code are hereby repealed.

Section
3.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:

Section
2903.11 of the Revised Code as amended by both S.B. 20 and S.B. 201
of the 132nd General Assembly.

Section
2907.03 of the Revised Code as amended by H.B. 33, H.B. 161, and S.B.
109, all of the 135th General Assembly.

Section
2913.21 of the Revised Code as amended by both H.B. 312 and S.B. 158
of the 132nd General Assembly.