Sec. 2903.21. (A) No person shall knowingly cause another to | 18 |
believe that the offender will cause serious physical harm to the | 19 |
person or property of the other person, the other person's unborn, | 20 |
or a member of the other person's immediate family. In addition to | 21 |
any other basis for the other person's belief that the offender | 22 |
will cause serious physical harm to the person or property of the | 23 |
other person, the other person's unborn, or a member of the other | 24 |
person's immediate family, the other person's belief may be based | 25 |
on words or conduct of the offender that are directed at or | 26 |
identify a corporation, association, or other organization that | 27 |
employs the other person or to which the other person belongs. | 28 |
(B) Whoever violates this section is guilty of aggravated | 29 |
menacing. Except as otherwise provided in this division, | 30 |
aggravated menacing is a misdemeanor of the first degree. If the | 31 |
victim of the offense is an officer or employee of a public | 32 |
children services agency or a private child placing agency and the | 33 |
offense relates to the officer's or employee's performance or | 34 |
anticipated performance of official responsibilities or duties, | 35 |
aggravated menacing is a felony of the fifth degree or, if the | 36 |
offender previously has been convicted of or pleaded guilty to an | 37 |
offense of violence, the victim of that prior offense was an | 38 |
officer or employee of a public children services agency or | 39 |
private child placing agency, and that prior offense related to | 40 |
the officer's or employee's performance or anticipated performance | 41 |
of official responsibilities or duties, a felony of the fourth | 42 |
degree.
If a violation of division (A) of this section causes each | 43 |
of four or more persons to believe that the offender will cause | 44 |
serious physical harm to the person or property of that person, | 45 |
that person's unborn, or a member of that person's immediate | 46 |
family, aggravated menacing is a felony of the fifth degree or, if | 47 |
the offender previously has been convicted of an offense of | 48 |
violence, a felony of the fourth degree. | 49 |
Sec. 2903.211. (A)(1) No person by engaging in a pattern of | 50 |
conduct shall knowingly cause another person to believe that the | 51 |
offender will cause physical harm to the other person or cause | 52 |
mental distress to the other person. In addition to any other | 53 |
basis for the other person's belief that the offender will cause | 54 |
physical harm to the other person or the other person's mental | 55 |
distress, the other person's belief or mental distress may be | 56 |
based on words or conduct of the offender that are directed at or | 57 |
identify a corporation, association, or other organization that | 58 |
employs the other person or to which the other person belongs. | 59 |
(2) No person, through the use of any electronic method of | 60 |
remotely transferring information, including, but not limited to, | 61 |
any computer, computer network, computer program, or computer | 62 |
system, shall post a message with purpose to urge or incite | 63 |
another to commit a violation of division (A)(1) of this section. | 64 |
(b) In committing the offense under division (A)(1), (2), or | 77 |
(3) of this section, the offender made a threat of physical harm | 78 |
to or against the victim, or as a result of an offense committed | 79 |
under division (A)(2) or (3) of this section, a third person | 80 |
induced by the offender's posted message made a threat of physical | 81 |
harm to or against the victim. | 82 |
(c) In committing the offense under division (A)(1), (2), or | 83 |
(3) of this section, the offender trespassed on the land or | 84 |
premises where the victim lives, is employed, or attends school, | 85 |
or as a result of an offense committed under division (A)(2) or | 86 |
(3) of this section, a third person induced by the offender's | 87 |
posted message trespassed on the land or premises where the victim | 88 |
lives, is employed, or attends school. | 89 |
(f) While committing the offense under division (A)(1) of | 94 |
this section or a violation of division (A)(3) of this section | 95 |
based on conduct in violation of division (A)(1) of this section, | 96 |
the offender had a deadly weapon on or about the offender's person | 97 |
or under the offender's control. Division (B)(2)(f) of this | 98 |
section does not apply in determining the penalty for a violation | 99 |
of division (A)(2) of this section or a violation of division | 100 |
(A)(3) of this section based on conduct in violation of division | 101 |
(A)(2) of this section. | 102 |
(h) In committing the offense under division (A)(1), (2), or | 108 |
(3) of this section, the offender caused serious physical harm to | 109 |
the premises at which the victim resides, to the real property on | 110 |
which that premises is located, or to any personal property | 111 |
located on that premises, or, as a result of an offense committed | 112 |
under division (A)(2) of this section or an offense committed | 113 |
under division (A)(3) of this section based on a violation of | 114 |
division (A)(2) of this section, a third person induced by the | 115 |
offender's posted message caused serious physical harm to that | 116 |
premises, that real property, or any personal property on that | 117 |
premises. | 118 |
(3) If the victim of the offense is an officer or employee of | 128 |
a public children services agency or a private child placing | 129 |
agency and the offense relates to the officer's or employee's | 130 |
performance or anticipated performance of official | 131 |
responsibilities or duties, menacing by stalking is either a | 132 |
felony of the fifth degree or, if the offender previously has been | 133 |
convicted of or pleaded guilty to an offense of violence, the | 134 |
victim of that prior offense was an officer or employee of a | 135 |
public children services agency or private child placing agency, | 136 |
and that prior offense related to the officer's or employee's | 137 |
performance or anticipated performance of official | 138 |
responsibilities or duties, a felony of the fourth degree. | 139 |
(1) "Pattern of conduct" means two or more actions or | 143 |
incidents closely related in time, whether or not there has been a | 144 |
prior conviction based on any of those actions or incidents, or | 145 |
two or more actions or incidents closely related in time, whether | 146 |
or not there has been a prior conviction based on any of those | 147 |
actions or incidents, directed at one or more persons employed by | 148 |
or belonging to the same corporation, association, or other | 149 |
organization. Actions or incidents that prevent, obstruct, or | 150 |
delay the performance by a public official, firefighter, rescuer, | 151 |
emergency medical services person, or emergency facility person of | 152 |
any authorized act within the public official's, firefighter's, | 153 |
rescuer's, emergency medical services person's, or emergency | 154 |
facility person's official capacity, or the posting of messages or | 155 |
receipt of information or data through the use of an electronic | 156 |
method of remotely transferring information, including, but not | 157 |
limited to, a computer, computer network, computer program, | 158 |
computer system, or telecommunications device, may constitute a | 159 |
"pattern of conduct." | 160 |
(7) "Post a message" means transferring, sending, posting, | 180 |
publishing, disseminating, or otherwise communicating, or | 181 |
attempting to transfer, send, post, publish, disseminate, or | 182 |
otherwise communicate, any message or information, whether | 183 |
truthful or untruthful, about an individual, and whether done | 184 |
under one's own name, under the name of another, or while | 185 |
impersonating another. | 186 |
(F)(1) This section does not apply to a person solely because | 197 |
the person provided access or connection to or from an electronic | 198 |
method of remotely transferring information not under that | 199 |
person's control, including having provided capabilities that are | 200 |
incidental to providing access or connection to or from the | 201 |
electronic method of remotely transferring the information, and | 202 |
that do not include the creation of the content of the material | 203 |
that is the subject of the access or connection. In addition, any | 204 |
person providing access or connection to or from an electronic | 205 |
method of remotely transferring information not under that | 206 |
person's control shall not be liable for any action voluntarily | 207 |
taken in good faith to block the receipt or transmission through | 208 |
its service of any information that it believes is, or will be | 209 |
sent, in violation of this section. | 210 |
Sec. 2903.215. (A) A corporation, association, or other | 223 |
organization that employs two or more alleged victims of a | 224 |
violation of section 2903.21, 2923.211, or 2903.22 of the Revised | 225 |
Code or to which two or more alleged victims of a violation of | 226 |
section 2903.21, 2923.211, or 2903.22 of the Revised Code belong | 227 |
may file a motion for a temporary protection order pursuant to | 228 |
section 2903.213 of the Revised Code on behalf of the corporation, | 229 |
association, or other organization if the violation is based on | 230 |
words or conduct of the offender that are directed at or identify | 231 |
the corporation, association, or other organization. | 232 |
(B) A corporation, association, or other organization that | 233 |
employs two or more alleged victims of a violation of section | 234 |
2923.211 of the Revised Code or to which two or more alleged | 235 |
victims of a violation of section 2923.211 of the Revised Code | 236 |
belong may file a petition for a protection order pursuant to | 237 |
section 2903.214 of the Revised Code on behalf of the corporation, | 238 |
association, or other organization if the violation is based on | 239 |
words or conduct of the offender that are directed at or identify | 240 |
the corporation, association, or other organization. | 241 |
Sec. 2903.22. (A) No person shall knowingly cause another to | 253 |
believe that the offender will cause physical harm to the person | 254 |
or property of the other person, the other person's unborn, or a | 255 |
member of the other person's immediate family. In addition to any | 256 |
other basis for the other person's belief that the offender will | 257 |
cause physical harm to the person or property of the other person, | 258 |
the other person's unborn, or a member of the other person's | 259 |
immediate family, the other person's belief may be based on words | 260 |
or conduct of the offender that are directed at or identify a | 261 |
corporation, association, or other organization that employs the | 262 |
other person or to which the other person belongs. | 263 |
(B) Whoever violates this section is guilty of menacing. | 264 |
Except as otherwise provided in this division, menacing is a | 265 |
misdemeanor of the fourth degree. If the victim of the offense is | 266 |
an officer or employee of a public children services agency or a | 267 |
private child placing agency and the offense relates to the | 268 |
officer's or employee's performance or anticipated performance of | 269 |
official responsibilities or duties, menacing is a misdemeanor of | 270 |
the first degree or, if the offender previously has been convicted | 271 |
of or pleaded guilty to an offense of violence, the victim of that | 272 |
prior offense was an officer or employee of a public children | 273 |
services agency or private child placing agency, and that prior | 274 |
offense related to the officer's or employee's performance or | 275 |
anticipated performance of official responsibilities or duties, a | 276 |
felony of the fourth degree. If a violation of division (A) of | 277 |
this section causes each of four or more persons to believe that | 278 |
the offender will cause serious harm to the person or property of | 279 |
that person, that person's unborn, or a member of that person's | 280 |
immediate family, menacing is a misdemeanor of the first degree | 281 |
or, if the offender previously has been convicted of an offense of | 282 |
violence, a felony of the fourth degree. | 283 |