Ohio-2013-HB129-Comm Sub

Cosponsors: Representatives Adams, J., Becker, Fedor, Hackett, Hayes, McGregor, Letson, Pillich, Winburn, Amstutz, Anielski, Baker, Beck, Bishoff, Blair, Brown, Buchy, Burkley, Butler, Carney, Derickson, Green, Grossman, Hagan, C., Hall, Heard, Johnson, McClain, Milkovich, O'Brien, Patmon, Retherford, Rogers, Romanchuk, Rosenberger, Ruhl, Sears, Sheehy, Slaby, Smith, Sprague, Stinziano, Wachtmann, Young Speaker Batchelder

Section 1. That sections 2903.21, 2903.211, and 2903.22 be	12
amended and section 2903.215 of the Revised Code be enacted to	13
read as follows:	14

Sec. 2903.21. (A) No person shall knowingly cause another to	15
believe that the offender will cause serious physical harm to the	16
person or property of the other person, the other person's unborn,	17
or a member of the other person's immediate family. In addition to	18
any other basis for the other person's belief that the offender	19
will cause serious physical harm to the person or property of the	20
other person, the other person's unborn, or a member of the other	21
person's immediate family, the other person's belief may be based	22
on words or conduct of the offender that are directed at or	23
identify a corporation, association, or other organization that	24
employs the other person or to which the other person belongs.	25

(B) Whoever violates this section is guilty of aggravated	26
menacing. Except as otherwise provided in this division,	27
aggravated menacing is a misdemeanor of the first degree. If the	28
victim of the offense is an officer or employee of a public	29
children services agency or a private child placing agency and the	30
offense relates to the officer's or employee's performance or	31
anticipated performance of official responsibilities or duties,	32
aggravated menacing is a felony of the fifth degree or, if the	33
offender previously has been convicted of or pleaded guilty to an	34
offense of violence, the victim of that prior offense was an	35
officer or employee of a public children services agency or	36
private child placing agency, and that prior offense related to	37
the officer's or employee's performance or anticipated performance	38
of official responsibilities or duties, a felony of the fourth	39
degree.	40

(C) As used in this section, "organization" includes an	41
entity that is a governmental employer.	42

Sec. 2903.211. (A)(1) No person by engaging in a pattern of	43
conduct shall knowingly cause another person to believe that the	44
offender will cause physical harm to the other person or cause	45
mental distress to the other person. In addition to any other	46
basis for the other person's belief that the offender will cause	47
physical harm to the other person or the other person's mental	48
distress, the other person's belief or mental distress may be	49
based on words or conduct of the offender that are directed at or	50
identify a corporation, association, or other organization that	51
employs the other person or to which the other person belongs.	52

(2) No person, through the use of any electronic method of	53
remotely transferring information, including, but not limited to,	54
any computer, computer network, computer program, or computer	55
system, shall post a message with purpose to urge or incite	56
another to commit a violation of division (A)(1) of this section.	57

(3) No person, with a sexual motivation, shall violate	58
division (A)(1) or (2) of this section.	59

(B) Whoever violates this section is guilty of menacing by	60
stalking.	61

(1) Except as otherwise provided in divisions (B)(2) and (3)	62
of this section, menacing by stalking is a misdemeanor of the	63
first degree.	64

(2) Menacing by stalking is a felony of the fourth degree if	65
any of the following applies:	66

(a) The offender previously has been convicted of or pleaded	67
guilty to a violation of this section or a violation of section	68
2911.211 of the Revised Code.	69

(b) In committing the offense under division (A)(1), (2), or	70
(3) of this section, the offender made a threat of physical harm	71
to or against the victim, or as a result of an offense committed	72
under division (A)(2) or (3) of this section, a third person	73
induced by the offender's posted message made a threat of physical	74
harm to or against the victim.	75

(c) In committing the offense under division (A)(1), (2), or	76
(3) of this section, the offender trespassed on the land or	77
premises where the victim lives, is employed, or attends school,	78
or as a result of an offense committed under division (A)(2) or	79
(3) of this section, a third person induced by the offender's	80
posted message trespassed on the land or premises where the victim	81
lives, is employed, or attends school.	82

(e) The offender has a history of violence toward the victim	84
or any other person or a history of other violent acts toward the	85
victim or any other person.	86

(f) While committing the offense under division (A)(1) of	87
this section or a violation of division (A)(3) of this section	88
based on conduct in violation of division (A)(1) of this section,	89
the offender had a deadly weapon on or about the offender's person	90
or under the offender's control. Division (B)(2)(f) of this	91
section does not apply in determining the penalty for a violation	92
of division (A)(2) of this section or a violation of division	93
(A)(3) of this section based on conduct in violation of division	94
(A)(2) of this section.	95

(i) Prior to committing the offense, the offender had been	112
determined to represent a substantial risk of physical harm to	113
others as manifested by evidence of then-recent homicidal or other	114
violent behavior, evidence of then-recent threats that placed	115
another in reasonable fear of violent behavior and serious	116
physical harm, or other evidence of then-present dangerousness.	117

(C) Section 2919.271 of the Revised Code applies in relation	130
to a defendant charged with a violation of this section.	131

(1) "Pattern of conduct" means two or more actions or	133
incidents closely related in time, whether or not there has been a	134
prior conviction based on any of those actions or incidents, or	135
two or more actions or incidents closely related in time, whether	136
or not there has been a prior conviction based on any of those	137
actions or incidents, directed at one or more persons employed by	138
or belonging to the same corporation, association, or other	139
organization. Actions or incidents that prevent, obstruct, or	140
delay the performance by a public official, firefighter, rescuer,	141
emergency medical services person, or emergency facility person of	142
any authorized act within the public official's, firefighter's,	143
rescuer's, emergency medical services person's, or emergency	144
facility person's official capacity, or the posting of messages or	145
receipt of information or data through the use of an electronic	146
method of remotely transferring information, including, but not	147
limited to, a computer, computer network, computer program,	148
computer system, or telecommunications device, may constitute a	149
"pattern of conduct."	150

(a) Any mental illness or condition that involves some	152
temporary substantial incapacity;	153

(g) At the time of the commission of the offense, the	96
offender was the subject of a protection order issued under	97
section 2903.213 or 2903.214 of the Revised Code, regardless of	98
whether the person to be protected under the order is the victim	99
of the offense or another person.	100

(h) In committing the offense under division (A)(1), (2), or	101
(3) of this section, the offender caused serious physical harm to	102
the premises at which the victim resides, to the real property on	103
which that premises is located, or to any personal property	104
located on that premises, or, as a result of an offense committed	105
under division (A)(2) of this section or an offense committed	106
under division (A)(3) of this section based on a violation of	107
division (A)(2) of this section, a third person induced by the	108
offender's posted message caused serious physical harm to that	109
premises, that real property, or any personal property on that	110
premises.	111

(3) If the victim of the offense is an officer or employee of	118
a public children services agency or a private child placing	119
agency and the offense relates to the officer's or employee's	120
performance or anticipated performance of official	121
responsibilities or duties, menacing by stalking is either a	122
felony of the fifth degree or, if the offender previously has been	123
convicted of or pleaded guilty to an offense of violence, the	124
victim of that prior offense was an officer or employee of a	125
public children services agency or private child placing agency,	126
and that prior offense related to the officer's or employee's	127
performance or anticipated performance of official	128
responsibilities or duties, a felony of the fourth degree.	129

(b) Any mental illness or condition that would normally	154
require psychiatric treatment, psychological treatment, or other	155
mental health services, whether or not any person requested or	156
received psychiatric treatment, psychological treatment, or other	157
mental health services.	158

(3) "Emergency medical services person" is the singular of	159
"emergency medical services personnel" as defined in section	160
2133.21 of the Revised Code.	161

(4) "Emergency facility person" is the singular of "emergency	162
facility personnel" as defined in section 2909.04 of the Revised	163
Code.	164

(5) "Public official" has the same meaning as in section	165
2921.01 of the Revised Code.	166

(6) "Computer," "computer network," "computer program,"	167
"computer system," and "telecommunications device" have the same	168
meanings as in section 2913.01 of the Revised Code.	169

(7) "Post a message" means transferring, sending, posting,	170
publishing, disseminating, or otherwise communicating, or	171
attempting to transfer, send, post, publish, disseminate, or	172
otherwise communicate, any message or information, whether	173
truthful or untruthful, about an individual, and whether done	174
under one's own name, under the name of another, or while	175
impersonating another.	176

(8) "Third person" means, in relation to conduct as described	177
in division (A)(2) of this section, an individual who is neither	178
the offender nor the victim of the conduct.	179

(9) "Sexual motivation" has the same meaning as in section	180
2971.01 of the Revised Code.	181

(10) "Organization" includes an entity that is a governmental	182
employer.	183

(E) The state does not need to prove in a prosecution under	184
this section that a person requested or received psychiatric	185
treatment, psychological treatment, or other mental health	186
services in order to show that the person was caused mental	187
distress as described in division (D)(2)(b) of this section.	188

(F)(1) This section does not apply to a person solely because	189
the person provided access or connection to or from an electronic	190
method of remotely transferring information not under that	191
person's control, including having provided capabilities that are	192
incidental to providing access or connection to or from the	193
electronic method of remotely transferring the information, and	194
that do not include the creation of the content of the material	195
that is the subject of the access or connection. In addition, any	196
person providing access or connection to or from an electronic	197
method of remotely transferring information not under that	198
person's control shall not be liable for any action voluntarily	199
taken in good faith to block the receipt or transmission through	200
its service of any information that it believes is, or will be	201
sent, in violation of this section.	202

(2) Division (F)(1) of this section does not create an	203
affirmative duty for any person providing access or connection to	204
or from an electronic method of remotely transferring information	205
not under that person's control to block the receipt or	206
transmission through its service of any information that it	207
believes is, or will be sent, in violation of this section except	208
as otherwise provided by law.	209

(3) Division (F)(1) of this section does not apply to a	210
person who conspires with a person actively involved in the	211
creation or knowing distribution of material in violation of this	212
section or who knowingly advertises the availability of material	213
of that nature.	214

Sec. 2903.215. (A) As used in this section, "organization"	215
includes an entity that is a governmental employer.	216

(B) A corporation, association, or other organization that	217
employs two or more alleged victims of a violation of section	218
2903.21, 2923.211, or 2903.22 of the Revised Code or to which two	219
or more alleged victims of a violation of section 2903.21,	220
2923.211, or 2903.22 of the Revised Code belong may file a motion	221
for a temporary protection order pursuant to section 2903.213 of	222
the Revised Code on behalf of the corporation, association, or	223
other organization if the violation is based on words or conduct	224
of the offender that are directed at or identify the corporation,	225
association, or other organization.	226

(C) A corporation, association, or other organization that	227
employs two or more alleged victims of a violation of section	228
2923.211 of the Revised Code or to which two or more alleged	229
victims of a violation of section 2923.211 of the Revised Code	230
belong may file a petition for a protection order pursuant to	231
section 2903.214 of the Revised Code on behalf of the corporation,	232
association, or other organization if the violation is based on	233
words or conduct of the offender that are directed at or identify	234
the corporation, association, or other organization.	235

(D) An attorney who is licensed to practice law in this	236
state, on behalf of the corporation, association, or other	237
organization, may file an affidavit to provide sufficient	238
evidentiary support for the issuance of a temporary protection	239
order pursuant to section 2903.213 of the Revised Code or a	240
protection order pursuant to section 2903.214 of the Revised Code.	241