Ohio
ORC Ann. 2903.211. Menacing by stalking. (2003)
(A)
(1) No person by engaging
in a pattern of conduct shall knowingly cause
another person to believe that
the offender will cause physical harm to the other person or cause mental
distress to the other person.
(2) No person, through the use of any electronic method of
remotely
transferring information,
including, but not limited to, any computer, computer network, computer
program, or computer system, shall post a message with purpose to urge or
incite another to commit a violation of division (A)(1) of this
section.
(3) No person, with a
sexual motivation, shall violate division (A)(1) or (2) of
this
section.
(B)
Whoever violates this section is
guilty of menacing by stalking.
(1)
Except as otherwise provided in
divisions (B)(2) and (3) of this section, menacing by stalking
is a misdemeanor of the first degree.
(2)
Menacing by stalking
is a felony of the fourth degree if any of the following
applies:
(3)
(a) The offender previously
has been convicted of or pleaded guilty to a
violation of this section or a
violation of section
2911.211 of the Revised Code
(b) In committing the
offense under division (A)(1), (2), or (3) of this
section, the offender made a
threat of physical harm to or against the victim, or as a result of an offense
committed under division (A)(2) or (3) of this section, a third person induced
by the offender's posted message made a threat of physical harm to or against
the victim.
(c) In committing the
offense under division (A)(1), (2), or (3) of this
section, the offender trespassed
on the land or premises where the victim lives, is employed, or attends
school, or as a result of an offense committed under division (A)(2) or (3) of
this section, a third person induced by the offender's posted message
trespassed on the land or premises where the victim lives, is employed, or
attends school.
(d) The victim of the
offense is a minor.
(e) The offender has a
history of violence toward the victim or any other
person or a history of other
violent acts toward the victim or any other person.
(f) While committing the offense under division (A)(1) of this
section or a
violation of division (A)(3) of
this section based on conduct in violation of division (A)(1) of this section,
the offender had a deadly weapon on or about the offender's person or under
the offender's control. Division (B)(2)(f) of this section does not apply in
determining the penalty for a violation of division (A)(2) of this section or
a violation of division (A)(3) of this section based on conduct in violation
of division (A)(2) of this section.
(g) At the time
of the commission of the offense, the offender was the
subject of a protection order
issued under section
2903.213 or 2903.214
of the Revised Code, regardless of whether the person to be protected
under the order is the victim of the offense or another
person.
(h) In committing the offense under division (A)(1), (2), or (3)
of this
section, the offender caused
serious physical harm to the premises at which the victim resides, to the real
property on which that premises is located, or to any personal property
located on that premises, or as a result of an offense committed under
division (A)(2) of this section or an offense committed under division (A)(3)
of this section based on a violation of division (A)(2) of this section, a
third person induced by the offender's posted message caused serious physical
harm to that premises, that real property, or any personal property on that
premises.
(i) Prior to committing the offense, the offender had been
determined to
represent a substantial risk of
physical harm to others as manifested by evidence of then-recent homicidal or
other violent behavior, evidence of then-recent threats that placed another in
reasonable fear of violent behavior and serious physical harm, or other
evidence of then-present dangerousness.
(3) If the victim of the
offense is an officer or employee of a public children services agency or a
private child placing agency and the offense relates to the officer's or
employee's performance or anticipated performance of official responsibilities
or duties, menacing by stalking
is either a felony of the fifth degree or, if the offender previously has been
convicted of or pleaded guilty to an offense of violence, the victim of that
prior offense was an officer or employee of a public children services agency
or private child placing agency, and that prior offense related to the
officer's or employee's performance or anticipated performance of official
responsibilities or duties, a felony of the fourth
degree.
(C)
Section
2919.271 of the Revised Code applies in relation to a defendant charged
with a violation of this section.
(D)
As
used in this section:
(1)
"Pattern of conduct" means two
or more actions or incidents closely related in time, whether or not there has
been a prior conviction based on any of those actions or incidents. Actions or
incidents that prevent, obstruct, or delay the performance by a public
official, firefighter, rescuer, emergency medical services person, or
emergency facility person of any authorized act within the public official's,
firefighter's, rescuer's, emergency medical services person's, or emergency
facility person's official capacity, or the posting of messages or receipt of
information or data through the use of an electronic method of remotely
transferring information, including, but not limited to, a computer, computer
network, computer program, computer system, or telecommunications device, may
constitute a "pattern of conduct."
(2)
"Mental distress" means any of
the following:
(a)
Any
mental illness or condition that involves some temporary substantial
incapacity;
(b)
Any
mental illness or condition that would normally require psychiatric treatment,
psychological treatment, or other mental health services, whether or not any
person requested or received psychiatric treatment, psychological treatment,
or other mental health services.
(3)
"Emergency medical services
person" is the singular of "emergency medical services personnel" as defined
in section
2133.21 of the Revised Code.
(4)
"Emergency facility person" is
the singular of "emergency facility personnel" as defined in section
2909.04 of the Revised Code.
(5)
"Public official" has the same
meaning as in section
2921.01 of the Revised Code.
(6)
"Computer," "computer network,"
"computer program," "computer system," and "telecommunications device" have
the same meanings as in section
2913.01 of the Revised Code.
(7)
"Post
a message" means transferring, sending, posting, publishing, disseminating, or
otherwise communicating, or attempting to transfer, send, post, publish,
disseminate, or otherwise communicate, any message or information, whether
truthful or untruthful, about an individual, and whether done under one's own
name, under the name of another, or while impersonating
another.
(8)
"Third person" means, in
relation to conduct as described in division (A)(2) of this section, an
individual who is neither the offender nor the victim of the
conduct.
(9)
"Sexual motivation" has the same
meaning as in section
2971.01 of the Revised Code.
(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.
ORC Ann. 2903.22.
Menacing. (2001)
(A)
No
person shall knowingly cause another to believe that the offender will cause
physical harm to the person or property of the other person, the other
person's unborn, or a member of the other person's immediate
family.
(B)
Whoever violates this section is
guilty of menacing. Except as otherwise provided in this division, menacing is
a misdemeanor of the fourth degree. If the victim of the offense is an officer
or employee of a public children services agency or a private child placing
agency and the offense relates to the officer's or employee's performance or
anticipated performance of official responsibilities or duties, menacing is a
misdemeanor of the first degree or, if the offender previously has been
convicted of or pleaded guilty to an offense of violence, the victim of that
prior offense was an officer or employee of a public children services agency
or private child placing agency, and that prior offense related to the
officer's or employee's performance or anticipated performance of official
responsibilities or duties, a felony of the fourth degree.
ORC Ann. 2903.21. Aggravated
menacing. (2001)
(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.
(B)
Whoever violates this section is
guilty of aggravated menacing.
Except as otherwise provided in this division, aggravated menacing
is a misdemeanor of the first degree. If the victim of the offense is an
officer or employee of a public children services agency or a private child
placing agency and the offense relates to the officer's or employee's
performance or anticipated performance of official responsibilities or duties,
aggravated menacing
is a felony of the fifth degree or, if the offender previously has been
convicted of or pleaded guilty to an offense of violence, the victim of that
prior offense was an officer or employee of a public children services agency
or private child placing agency, and that prior offense related to the
officer's or employee's performance or anticipated performance of official
responsibilities or duties, a felony of the fourth
degree.
ORC Ann. 2907.08.
Voyeurism. (2009)
(A)
No
person, for the purpose of sexually arousing or gratifying the person's self,
shall commit trespass or otherwise surreptitiously invade the privacy of
another, to spy or eavesdrop upon another.
(B)
No
person, for the purpose of sexually arousing or gratifying the person's self,
shall commit trespass or otherwise surreptitiously invade the privacy of
another to videotape, film, photograph, or otherwise record the other person
in a state of nudity.
(C)
No
person, for the purpose of sexually arousing or gratifying the person's self,
shall commit trespass or otherwise surreptitiously invade the privacy of
another to videotape, film, photograph, otherwise record, or spy or eavesdrop
upon the other person in a state of nudity if the other person is a
minor.
(D)
No
person shall secretly or surreptitiously videotape, film, photograph, or
otherwise record another person under or through the clothing being worn by
that other person for the purpose of viewing the body of, or the undergarments
worn by, that other person.
(E)
(1)
Whoever violates this section is
guilty of voyeurism.
(2)
A
violation of division (A) of this section is a misdemeanor of the third
degree.
(3)
A
violation of division (B) of this section is a misdemeanor of the second
degree.
(4)
A
violation of division (D) of this section is a misdemeanor of the first
degree.
(5)
A
violation of division (C) of this section is a felony of the fifth
degree.
ORC Ann. 2911.211. Aggravated trespass. (1992)
(A)
No
person shall enter or remain on the land or premises of another with purpose
to commit on that land or those premises a misdemeanor, the elements of which
involve causing physical harm to another person or causing another person to
believe that the offender will cause physical harm to him.
(B)
Whoever violates this section is
guilty of aggravated trespass, a misdemeanor of the first degree.
ORC Ann. 2917.21.
Telecommunications harassment. (1999)
(A)
No
person shall knowingly make or cause to be made a telecommunication, or
knowingly permit a telecommunication to be made from a telecommunications
device under the person's control, to another, if the caller does any of the
following:
(1)
Fails
to identify the caller to the recipient of the telecommunication and makes the
telecommunication with purpose to harass 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.
(B)
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.
(C)
(1) Whoever violates this
section is guilty of telecommunications harassment.
(2) A
violation of division (A)(1), (2), (3), or (5) or (B) of this section is a
misdemeanor of the first degree
on a first offense and a felony of the fifth degree on each subsequent
offense.
(3) Except as otherwise provided in division (C)(3) of this
section, a violation
of division (A)(4) of this
section is a misdemeanor of the first degree on a first offense and a felony
of the fifth degree on each subsequent offense. If a violation of division
(A)(4) of this section results in economic harm of five hundred dollars or
more but less than five thousand dollars, telecommunications harassment
is a felony of the fifth degree. If a violation of division (A)(4) of this
section results in economic harm of five thousand dollars or more but less
than one hundred thousand dollars, telecommunications harassment
is a felony of the fourth degree. If a violation of division (A)(4) of this
section results in economic harm of one hundred thousand dollars or more,
telecommunications harassment
is a felony of the third degree.
(D)
No
cause of action may be asserted in any court of this state against any
provider of a telecommunications service or information service, or against
any officer, employee, or agent of a telecommunication service 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 or section
4931.31 of the Revised Code. A provider of a telecommunications service
or information service, or an officer, employee, or agent of a
telecommunications service 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 or section
4931.31 of the Revised Code.
(E)
As
used in this section:
(1)
"Economic harm" means all
direct, incidental, and consequential pecuniary harm suffered by a victim as a
result of criminal conduct. "Economic harm" includes, but is not limited to,
all of the following:
(a)
All
wages, salaries, or other compensation lost as a result of the criminal
conduct;
(b)
The
cost of all wages, salaries, or other compensation paid to employees for time
those employees are prevented from working as a result of the criminal
conduct;
(c)
The
overhead costs incurred for the time that a business is shut down as a result
of the criminal conduct;
(d)
The
loss of value to tangible or intangible property that was damaged as a result
of the criminal conduct.
(2)
"Caller" means the person
described in division (A) of this section who makes or causes to be made a
telecommunication or who permits a telecommunication to be made from a
telecommunications device under that person's control.
(3)
"Telecommunication" and
"telecommunications device" have the same meanings as in section
2913.01 of the Revised Code.
(4)
"Sexual activity" has the same
meaning as in section
2907.01 of the Revised Code.
(F) 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.
Stalking Law information for this state was obtained from the National Center for Victims of Crime.
The information contained on this website is meant as informational only and should not be interpreted as professional legal advice. We make every effort to be sure that we have the most up to date content and learning resources available, but laws change constantly and this information may not represent the law currently in effect. Please consult with an attorney for professional legal advice.
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