| (B) No person shall purposely cause the death of another or | 44 |
|
the unlawful
termination of another's pregnancy
while committing | 45 |
|
or attempting to commit, or while fleeing
immediately after | 46 |
|
committing or attempting to commit, kidnapping,
rape, aggravated | 47 |
|
arson, arson, aggravated robbery, robbery,
aggravated
burglary, | 48 |
|
burglary,
terrorism, or escape. | 49 |
| (D)(1)(a) Whoever violates this section is guilty of | 102 |
|
felonious
assault. Except as otherwise provided in this division | 103 |
|
or division (D)(1)(b) of this section, felonious
assault is
a | 104 |
|
felony of
the second degree. If the victim of a
violation of | 105 |
division (A) of this section is a peacelaw enforcement officer, | 106 |
judge, magistrate, or an
investigator of the bureau of criminal | 107 |
|
identification and
investigation whom the
offender knows or has | 108 |
|
reasonable cause to know is a law
enforcement officer, judge, | 109 |
|
magistrate, or investigator of the
bureau of criminal | 110 |
|
identification and investigation, felonious assault
is a
felony
of | 111 |
|
the first degree.
| 112 |
| (b) Regardless of whether the felonious assault is a felony | 113 |
|
of the first or
second degree under division (D)(1)(a) of this | 114 |
|
section, if the offender also is
convicted of or pleads guilty to | 115 |
|
a specification as described in
section 2941.1423 of the Revised | 116 |
|
Code that was included in the
indictment, count in the | 117 |
|
indictment, or information charging the
offense, except as | 118 |
|
otherwise provided in this division or unless a longer prison term | 119 |
|
is required under any other provision of law, the court
shall | 120 |
|
sentence the offender to a mandatory prison term as provided
in | 121 |
|
division (D)(8) of section 2929.14 of the Revised Code. If the | 122 |
victim of the offense is a peacelaw enforcement officer, judge, | 123 |
magistrate, or an investigator
of
the bureau of criminal | 124 |
|
identification and investigation whom the
offender knows or has | 125 |
|
reasonable cause to know is a law
enforcement officer, judge, | 126 |
|
magistrate, or investigator of the
bureau of criminal | 127 |
|
identification and investigation, and if
the victim suffered | 128 |
|
serious physical harm as a result of the
commission of the | 129 |
|
offense, felonious
assault is a felony of the
first degree, and | 130 |
|
the court, pursuant to division
(F) of section
2929.13 of the | 131 |
|
Revised Code, shall impose as a mandatory prison
term one of the | 132 |
|
prison terms prescribed for a felony of the first
degree. | 133 |
| (2) In addition to any other sanctions imposed pursuant to | 134 |
|
division (D)(1) of this section for felonious assault committed in | 135 |
|
violation of division (A)(2) of this section, if the deadly weapon | 136 |
|
used in the commission of the violation is a motor vehicle, the | 137 |
|
court shall impose upon the offender a class two suspension of the | 138 |
|
offender's driver's license, commercial driver's license, | 139 |
|
temporary instruction permit, probationary license, or nonresident | 140 |
|
operating privilege as specified in division (A)(2) of section | 141 |
|
4510.02 of the Revised Code. | 142 |
(4) "Sexual conduct" has the same meaning as in section | 150 |
|
2907.01 of the Revised Code,
except that, as used in this section, | 151 |
|
it does not include the insertion of an
instrument, apparatus, or | 152 |
|
other object that is not a part of the body into the
vaginal or | 153 |
|
anal opening of another, unless the offender knew at the time of | 154 |
|
the
insertion that the instrument, apparatus, or other object | 155 |
|
carried the
offender's bodily fluid. | 156 |
| (B) Whoever violates this section is guilty of aggravated | 178 |
|
assault. Except as otherwise provided in this division, | 179 |
|
aggravated assault is a felony of the fourth degree. If the victim | 180 |
of the
offense is a peacelaw enforcement officer, judge, | 181 |
magistrate, or an investigator of the bureau
of criminal | 182 |
|
identification and investigation whom the
offender knows or has | 183 |
|
reasonable cause to know is a law
enforcement officer, judge, | 184 |
|
magistrate, or investigator of the
bureau of criminal | 185 |
|
identification and investigation, aggravated assault
is a felony | 186 |
|
of the third
degree. Regardless of whether the offense
is a | 187 |
|
felony of the third or fourth degree under this division, if
the | 188 |
|
offender also is convicted of or pleads guilty to a
specification | 189 |
|
as described in section 2941.1423 of the Revised
Code that was | 190 |
|
included in the indictment, count in the indictment,
or | 191 |
|
information charging the offense, except as otherwise provided
in | 192 |
|
this division, the court shall sentence the offender to a | 193 |
|
mandatory prison term as provided in division (D)(8) of section | 194 |
|
2929.14 of the Revised Code. If the victim of the offense is a | 195 |
peacelaw enforcement officer, judge, magistrate, or an | 196 |
|
investigator of the bureau of criminal
identification and | 197 |
|
investigation whom the
offender knows or has reasonable cause to | 198 |
|
know is a law
enforcement officer, judge, magistrate, or | 199 |
|
investigator of the
bureau of criminal identification and | 200 |
|
investigation, and if the
victim suffered
serious physical harm | 201 |
|
as a result of the commission of the
offense, aggravated assault | 202 |
|
is a felony of the third degree, and
the court,
pursuant to | 203 |
|
division (F) of section 2929.13 of the
Revised
Code, shall impose | 204 |
|
as a mandatory prison term one of the
prison terms
prescribed for | 205 |
|
a felony of the third degree. | 206 |
| (C) Whoever violates this section is guilty of assault, and | 218 |
|
the court shall sentence the offender as provided in this division | 219 |
|
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.
| 220 |
|
Except as otherwise provided in division (C)(1), (2), (3),
(4),
or | 221 |
|
(5) of
this section, assault is a
misdemeanor of the first
degree. | 222 |
| (1) Except as otherwise provided in this division, if the | 223 |
|
offense is committed by a caretaker against a
functionally | 224 |
|
impaired person under the caretaker's care, assault is
a felony
of | 225 |
|
the fourth degree. If the offense is committed by a caretaker | 226 |
|
against a functionally impaired person under the caretaker's care, | 227 |
|
if the
offender previously has been convicted of or pleaded guilty | 228 |
|
to a
violation of this section or section 2903.11 or 2903.16 of | 229 |
|
the
Revised Code, and if in relation to the previous conviction | 230 |
|
the
offender was a caretaker and the victim was a functionally | 231 |
|
impaired person under the offender's care, assault is a felony of | 232 |
|
the third degree. | 233 |
| (a) The offense occurs in or on the grounds of a state | 236 |
|
correctional institution or an institution of the department of | 237 |
|
youth services, the victim of the offense is an employee of the | 238 |
|
department of rehabilitation and correction, the department of | 239 |
|
youth services, or a probation department or is on the premises
of | 240 |
|
the particular institution for business purposes or as a
visitor, | 241 |
|
and the offense is committed by a person incarcerated in
the state | 242 |
|
correctional institution, by a person institutionalized in
the | 243 |
|
department of youth services institution pursuant to a
commitment | 244 |
|
to the department of youth services, by a
parolee,
by an offender | 245 |
|
under transitional
control, under
a community
control sanction, or | 246 |
|
on an escorted visit, by a person under
post-release control,
or | 247 |
|
by an
offender under any other type of
supervision by a government | 248 |
|
agency. | 249 |
| (b) The offense occurs in or on the grounds of a local | 250 |
|
correctional facility, the victim of the offense is an employee
of | 251 |
|
the local correctional facility or a probation department or
is on | 252 |
|
the premises of the facility for business purposes or as a | 253 |
|
visitor, and the offense is committed by a person who is under | 254 |
|
custody in the facility subsequent to the person's arrest for any | 255 |
|
crime or
delinquent act, subsequent to the person's being charged | 256 |
|
with or
convicted
of any crime, or subsequent to the person's | 257 |
|
being alleged to be or
adjudicated a delinquent child. | 258 |
| (c) The offense occurs off the grounds of a state | 259 |
|
correctional institution and off the grounds of an institution of | 260 |
|
the department of youth services, the victim of the offense is an | 261 |
|
employee of the department of rehabilitation and correction, the | 262 |
|
department of youth services, or a probation department, the | 263 |
|
offense occurs during the employee's official work hours and
while | 264 |
|
the employee is engaged in official work responsibilities, and
the | 265 |
|
offense is committed by a person incarcerated in a state | 266 |
|
correctional institution or institutionalized in the department
of | 267 |
|
youth services who temporarily is outside of the institution
for | 268 |
|
any purpose, by a
parolee,
by an offender under
transitional | 269 |
|
control, under a
community control sanction, or on an
escorted | 270 |
|
visit, by a person under
post-release control, or by an
offender | 271 |
|
under any other type of supervision by
a government
agency. | 272 |
| (d) The offense occurs off the grounds of a local | 273 |
|
correctional facility, the victim of the offense is an employee
of | 274 |
|
the local correctional facility or a probation department, the | 275 |
|
offense occurs during the employee's official work hours and
while | 276 |
|
the employee is engaged in official work responsibilities, and
the | 277 |
|
offense is committed by a person who is under custody in the | 278 |
|
facility subsequent to the person's arrest for any crime or | 279 |
|
delinquent
act, subsequent to the person being charged with or | 280 |
|
convicted of any
crime, or subsequent to the person being alleged | 281 |
|
to be or
adjudicated a
delinquent child and who temporarily is | 282 |
|
outside of the facility
for any purpose or by a
parolee, by an | 283 |
|
offender under
transitional control, under a
community
control | 284 |
|
sanction, or on an escorted visit, by a person
under post-release | 285 |
|
control, or by an offender under any other type
of supervision by | 286 |
|
a government
agency. | 287 |
| (e) The victim of the offense is a school teacher or | 288 |
|
administrator or a
school bus operator, and the offense occurs in | 289 |
|
a school, on school premises,
in a school
building, on a school | 290 |
|
bus, or while the victim is outside of school premises
or a school | 291 |
|
bus and is engaged in duties or official
responsibilities | 292 |
|
associated with the victim's employment or position
as a school | 293 |
|
teacher or
administrator or a school bus operator, including, but | 294 |
|
not limited to,
driving, accompanying, or chaperoning students at | 295 |
|
or on class or field trips,
athletic events, or other school | 296 |
|
extracurricular activities or functions
outside of school | 297 |
|
premises. | 298 |
| (f) The offense occurs in or on the grounds of a courthouse | 299 |
|
or on premises where a courtroom is located, the offense is | 300 |
|
committed by a person who is in or on those grounds or on those | 301 |
|
premises by reason of or in relation to an action or proceeding | 302 |
|
that is occurring, has occurred, or is scheduled to occur at the | 303 |
|
courthouse or courtroom, and the offense occurs during the action | 304 |
|
or proceeding or while the parties to the action or proceeding or | 305 |
|
the officials involved in conducting the action or proceeding are | 306 |
|
on their way to or are departing after the action or proceeding. | 307 |
(3) If the victim of the offense is a peacelaw enforcement | 308 |
officer, judge, magistrate, or an
investigator of the bureau of | 309 |
|
criminal identification and
investigation whom the
offender | 310 |
|
knows or has reasonable cause to know is a law
enforcement | 311 |
|
officer, judge, magistrate, or investigator of the
bureau of | 312 |
|
criminal identification and investigation, a
firefighter, or a | 313 |
|
person performing emergency
medical service,
while in the | 314 |
|
performance of their official
duties, assault is a
felony of the | 315 |
|
fourth degree. | 316 |
(4) If the victim of the offense is a peacelaw enforcement | 317 |
officer, judge, magistrate, or an
investigator of the bureau of | 318 |
|
criminal identification and
investigation whom the
offender | 319 |
|
knows or has reasonable cause to know is a law
enforcement | 320 |
|
officer, judge, magistrate, or investigator of the
bureau of | 321 |
|
criminal identification and investigation, and if
the victim | 322 |
|
suffered serious physical harm as
a result of the
commission of | 323 |
|
the offense,
assault is a felony of
the fourth
degree, and the | 324 |
|
court, pursuant to division
(F) of
section 2929.13
of the Revised | 325 |
|
Code, shall
impose as a mandatory
prison term one
of the prison | 326 |
|
terms prescribed for a
felony of the
fourth degree
that is at | 327 |
|
least twelve months in duration. | 328 |
| (5) If the victim of the offense is an officer or employee
of | 329 |
a public
children services agency or a private child placing | 330 |
|
agency whom the offender knows or has reasonable cause to know is | 331 |
|
an officer or employee of a public children services agency or | 332 |
|
private child placing agency and the offense
relates to the | 333 |
|
officer's or employee's
performance or anticipated performance
of | 334 |
|
official
responsibilities or duties, assault is either a felony of | 335 |
|
the
fifth degree
or, if the offender previously has been convicted | 336 |
|
of
or pleaded guilty
to an offense of violence, the victim of that | 337 |
|
prior offense was an officer or
employee of a public children | 338 |
|
services agency or private child placing agency whom the offender | 339 |
|
knew or had reasonable cause to know was an officer or employee of | 340 |
|
a public children services agency or private child placing agency, | 341 |
|
and that prior
offense related to the officer's or employee's | 342 |
|
performance or
anticipated performance of official | 343 |
|
responsibilities or duties, a
felony of
the fourth degree. | 344 |
| (6) If an offender who is convicted of or pleads guilty to | 345 |
|
assault when it is a misdemeanor also is convicted of or pleads | 346 |
|
guilty to a specification as described in section 2941.1423 of the | 347 |
|
Revised Code that was included in the indictment, count in the | 348 |
|
indictment, or information charging the offense, the court shall | 349 |
|
sentence the offender to a mandatory jail term as provided in | 350 |
|
division (G) of section 2929.24 of the Revised Code. | 351 |
| If an offender who is convicted of or pleads guilty to | 352 |
|
assault when it is a felony also is convicted of or pleads guilty | 353 |
|
to a specification as described in section 2941.1423 of the | 354 |
|
Revised Code that was included in the indictment, count in the | 355 |
|
indictment, or information charging the offense, except as | 356 |
|
otherwise provided in division (C)(4) of this section, the court | 357 |
|
shall
sentence the offender to a mandatory prison term as | 358 |
|
provided in
division (D)(8) of section 2929.14 of the Revised | 359 |
|
Code. | 360 |
(4)(3) "Local correctional facility" means a county, | 368 |
|
multicounty, municipal, municipal-county, or
multicounty-municipal | 369 |
|
jail or workhouse, a minimum security
jail established under | 370 |
|
section 341.23 or 753.21 of
the Revised Code, or another county, | 371 |
|
multicounty, municipal,
municipal-county, or multicounty-municipal | 372 |
|
facility used for the
custody of persons arrested for any crime or | 373 |
|
delinquent act,
persons charged with or convicted of any crime, or | 374 |
|
persons
alleged to be or adjudicated a delinquent child. | 375 |
| (B) Whoever violates this section is guilty of aggravated | 407 |
|
menacing. Except as otherwise provided in this division, | 408 |
|
aggravated menacing is a misdemeanor of the first degree. If the | 409 |
victim of the offense is ana law enforcement officer, judge, | 410 |
|
magistrate, or officer or employee of a public
children services | 411 |
agency or a private child placing agency whom the offender knows | 412 |
|
or has reasonable cause to know is a law enforcement officer, | 413 |
|
judge, magistrate, or officer or employee of a public children | 414 |
|
services agency or private child placing agency and the
offense | 415 |
|
relates
to the law enforcement officer's, judge's, magistrate's, | 416 |
|
officer's, or employee's performance or
anticipated performance
of | 417 |
|
official responsibilities or duties,
aggravated menacing is a | 418 |
|
felony of the
fifth degree
or, if the
offender previously has been | 419 |
|
convicted of or pleaded guilty
to an
offense of violence, the | 420 |
victim of that prior offense was ana law enforcement officer, | 421 |
|
judge, magistrate, or
officer or
employee of a public children | 422 |
|
services agency or
private child placing agency whom the offender | 423 |
|
knew or had reasonable cause to know was a law enforcement | 424 |
|
officer, judge, magistrate, or officer or employee of a public | 425 |
|
children services agency or private child placing agency,
and that | 426 |
|
prior
offense related to
the law enforcement officer's, judge's, | 427 |
|
magistrate's, officer's, or employee's performance or
anticipated | 428 |
|
performance
of official responsibilities or duties, a felony of | 429 |
|
the fourth
degree. | 430 |
| (3) A person who is a candidate for public office, whether or | 444 |
|
not the person is elected or appointed to the office for which the | 445 |
|
person is a candidate. A person is a candidate for purposes of | 446 |
|
this division if the person has been nominated according to law | 447 |
|
for election or appointment to public office, or if the person has | 448 |
|
filed a petition or petitions as required by law to have the | 449 |
|
person's name placed on the ballot in a primary, general, or | 450 |
|
special election, or if the person campaigns as a write-in | 451 |
|
candidate in any primary, general, or special election. | 452 |
| (D) "Official proceeding" means any proceeding before a | 458 |
|
legislative, judicial, administrative, or other governmental | 459 |
|
agency or official authorized to take evidence under oath, and | 460 |
|
includes any proceeding before a referee, hearing examiner, | 461 |
|
commissioner, notary, or other person taking testimony or a | 462 |
|
deposition in connection with an official proceeding. | 463 |
| (E) "Detention" means arrest; confinement in any vehicle | 464 |
|
subsequent to an arrest; confinement in any public or private | 465 |
|
facility for custody of persons charged with or convicted of crime | 466 |
|
in this state or another state or under the laws of the United | 467 |
|
States or alleged or found to be a delinquent child or unruly | 468 |
|
child in this state or another state or under the laws of the | 469 |
|
United States; hospitalization, institutionalization, or | 470 |
|
confinement in any public or private facility that is ordered | 471 |
|
pursuant to or under the authority of section 2945.37, 2945.371, | 472 |
|
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 473 |
|
Code; confinement in any vehicle for transportation to or from any | 474 |
|
facility of any of those natures; detention for extradition or | 475 |
|
deportation; except as provided in this division, supervision by | 476 |
|
any employee of any facility of any of those natures that is | 477 |
|
incidental to hospitalization, institutionalization, or | 478 |
|
confinement in the facility but that occurs outside the facility; | 479 |
|
supervision by an employee of the department of rehabilitation and | 480 |
|
correction of a person on any type of release from a state | 481 |
|
correctional institution; or confinement in any vehicle, airplane, | 482 |
|
or place while being returned from outside of this state into this | 483 |
|
state by a private person or entity pursuant to a contract entered | 484 |
|
into under division (E) of section 311.29 of the Revised Code or | 485 |
|
division (B) of section 5149.03 of the Revised Code. For a person | 486 |
|
confined in a county jail who participates in a county jail | 487 |
|
industry program pursuant to section 5147.30 of the Revised Code, | 488 |
|
"detention" includes time spent at an assigned work site and going | 489 |
|
to and from the work site. | 490 |
| (a) For purposes of section 2921.03 of the Revised Code, a | 509 |
|
member of the
species homo sapiens who is or
was carried in the | 510 |
|
womb of a
public servant, a party official, or
an attorney or | 511 |
|
witness who was involved in a civil action or
proceeding, or who | 512 |
|
is or was the offspring of a public servant, a party official, or | 513 |
|
an attorney or witness who was involved in a civil action or | 514 |
|
proceeding and is or was carried in the womb of another, during a | 515 |
|
period that begins with
fertilization and
that continues unless | 516 |
|
and until live birth
occurs. | 517 |
| (b) For purposes of section 2921.05 of the Revised Code, a | 518 |
|
member of the species homo sapiens who is or was carried in the | 519 |
|
womb of a public servant, a party official, or an attorney or | 520 |
|
witness who was involved in civil or criminal action or | 521 |
|
proceeding, or who is or was the offspring of a public servant, a | 522 |
|
party official, or an attorney or witness who was involved in a | 523 |
|
civil or criminal action or proceeding and is or was carried in | 524 |
|
the womb of another, during a period that begins with | 525 |
|
fertilization and that continues unless and until live birth | 526 |
|
occurs. | 527 |
| (a) Except as otherwise provided in division (J)(2)(a) of | 533 |
|
this section, in a manner so that section 2921.03 or 2921.05 of | 534 |
|
the Revised Code prohibits or is construed as prohibiting any | 535 |
|
pregnant woman or her physician from performing an abortion with | 536 |
|
the actual consent of the pregnant woman, with the consent of the | 537 |
|
pregnant woman implied by law in a medical emergency, or with the | 538 |
|
approval of a person otherwise authorized by law to consent to | 539 |
|
medical treatment on behalf of the pregnant woman. An abortion | 540 |
|
that is performed without the consent or approval described in the | 541 |
|
immediately preceding sentence may be punished as a violation of | 542 |
|
section 2921.03 or 2921.05 of the Revised Code, as applicable. An | 543 |
|
abortion that is performed with the consent or approval described | 544 |
|
in the second immediately preceding sentence, but that violates | 545 |
|
section 2919.12, division (B) of section 2919.13, or section | 546 |
|
2919.151, 2919.17, or 2919.18 of the Revised Code, may be punished | 547 |
|
as a violation of section 2919.12, division (B) of section | 548 |
|
2919.13, or section 2919.151, 2919.17, or 2919.18 of the Revised | 549 |
|
Code, as applicable. | 550 |
| Sec. 2921.03. (A) No person, knowingly
and by force, by | 557 |
|
unlawful threat of
harm to any
person or property, by unlawful | 558 |
|
threat of harm to an unborn of the public servant,
party | 559 |
|
official, attorney, or witness involved in the action or | 560 |
|
proceeding, or by filing, recording, or
otherwise
using a | 561 |
|
materially false or fraudulent writing with
malicious purpose, in | 562 |
|
bad faith, or in a
wanton or reckless
manner, shall attempt to | 563 |
|
influence, intimidate,
or hinder a
public servant, a party | 564 |
|
official, or an attorney or witness
involved in a civil action or | 565 |
proceeding in the discharge of
the
person's the duties of the | 566 |
|
public servant, party official,
attorney, or witness. | 567 |
| (D) A person who violates this section is liable in a civil | 573 |
|
action to any person harmed by the violation for injury, death, or | 574 |
|
loss
to person or property incurred as a result of the commission | 575 |
|
of the offense
and for reasonable attorney's fees, court costs, | 576 |
|
and other expenses incurred
as a result of prosecuting the civil | 577 |
|
action commenced under this division. A
civil action under this | 578 |
|
division is not the exclusive remedy of a person who
incurs | 579 |
|
injury, death, or loss to person or property as a result of a | 580 |
|
violation
of this section. | 581 |
Sec. 2921.05. (A) No person, purposely and by force or by | 582 |
unlawful threat of harm
to
any person or property,shall | 583 |
retaliate againstbecause
a public servant,
a party official, or | 584 |
|
an attorney or witness
who was involved in a
civil or criminal | 585 |
action or proceeding
because the public servant,
party
official, | 586 |
attorney, or witness discharged the duties of the
public servant, | 587 |
|
party official, attorney, or witness, shall knowingly do any of | 588 |
|
the following: | 589 |
| (1) The offense was the assassination of the president of
the | 609 |
|
United States or a person in line of succession to the
presidency, | 610 |
|
the governor or lieutenant governor of this
state, the | 611 |
|
president-elect or vice president-elect of the
United States, the | 612 |
|
governor-elect or lieutenant
governor-elect of this state, or a | 613 |
|
candidate for any of the
offices described in this division. For | 614 |
|
purposes of this division, a person
is a
candidate if the person | 615 |
|
has been nominated for election
according to law, if the person | 616 |
|
has filed a petition or
petitions according to law to have the | 617 |
|
person's name placed
on the ballot in a primary or general | 618 |
|
election, or if the
person campaigns as a write-in candidate in a | 619 |
|
primary or general election. | 620 |
| (4) The offense was committed while the offender was
under | 625 |
|
detention or while the
offender was at large after having broken | 626 |
|
detention. As used
in division (A)(4)
of this section,
"detention" | 627 |
|
has the same meaning as
in section 2921.01 of
the
Revised Code, | 628 |
|
except that detention does not include
hospitalization, | 629 |
|
institutionalization, or confinement in a mental
health facility | 630 |
|
or mental retardation and developmentally disabled
facility
unless | 631 |
|
at the time of the commission of the offense
either of
the | 632 |
|
following circumstances apply: | 633 |
| (6) The victim of the offense was a law enforcement officer, | 644 |
|
as
defined in section 2911.01 of the Revised Code, or a judge or | 645 |
|
magistrate, as defined in section 2903.01 of the Revised Code, | 646 |
|
whom the
offender
had reasonable cause to know or knew to be a law | 647 |
|
enforcement officer or a judge or magistrate as so
defined, and | 648 |
|
either the
victim, at the
time of the commission of the offense, | 649 |
|
was engaged
in the victim's
duties, or it was the offender's | 650 |
|
specific
purpose to kill a law
enforcement officer or a judge or | 651 |
|
magistrate as so defined. | 652 |
| (7) The offense was committed while the offender was | 653 |
|
committing, attempting to commit, or fleeing immediately after | 654 |
|
committing or attempting to commit kidnapping, rape, aggravated | 655 |
|
arson, aggravated robbery,
or aggravated burglary,
and either the | 656 |
|
offender was the principal offender in the
commission of the | 657 |
|
aggravated murder or, if not the principal
offender, committed
the | 658 |
|
aggravated murder with prior calculation
and design. | 659 |
| (8) The victim of the aggravated murder was a witness to
an | 660 |
|
offense who was purposely killed to prevent the victim's
testimony | 661 |
|
in any criminal proceeding and the aggravated murder was not | 662 |
|
committed during the commission, attempted commission, or flight | 663 |
|
immediately after the commission or attempted commission of the | 664 |
|
offense to which the victim was a witness, or the victim of the | 665 |
|
aggravated murder was a witness to an offense and was purposely | 666 |
|
killed in retaliation for the victim's testimony in any
criminal | 667 |
|
proceeding. | 668 |
| (9) The offender, in the commission of the offense, | 669 |
|
purposefully
caused the death of another who was under thirteen | 670 |
|
years
of age at the time of the commission of the offense, and | 671 |
|
either the offender
was the principal offender in the commission | 672 |
|
of the offense or, if
not the principal offender, committed the | 673 |
|
offense with prior
calculation and design. | 674 |
| (B) If one or more of the aggravating circumstances listed
in | 678 |
|
division (A) of this section is specified in the indictment or | 679 |
|
count in the indictment and proved beyond a reasonable doubt, and | 680 |
|
if the offender did not raise the matter of age pursuant to | 681 |
|
section 2929.023 of the Revised Code or if the offender, after | 682 |
|
raising the matter of age, was found at trial to have been | 683 |
|
eighteen years of age or older at the time of the commission of | 684 |
|
the offense, the court, trial jury, or panel of three judges
shall | 685 |
|
consider, and weigh against the aggravating circumstances
proved | 686 |
|
beyond a reasonable doubt, the nature and circumstances of
the | 687 |
|
offense, the history, character, and background of the
offender, | 688 |
|
and all of the following factors: | 689 |
| Section 3. Section 2921.03 of the Revised Code is presented | 723 |
|
in
this act as a
composite of the section as amended by both Am. | 724 |
|
Sub. H.B. 88 and
Sub. H.B. 644 of
the 121st General Assembly. The | 725 |
|
General Assembly,
applying the
principle stated in division (B) | 726 |
|
of section 1.52 of
the Revised
Code that amendments are to be | 727 |
|
harmonized if
reasonably capable of
simultaneous operation, finds | 728 |
|
that the
composites are the resulting
versions of the sections in | 729 |
|
effect
prior to the effective date of
the sections as presented | 730 |
|
in this
act. | 731 |
