| (D)(1)(a) Whoever violates this section is guilty of | 32 |
|
felonious assault. Except as otherwise provided in this division | 33 |
|
or division (D)(1)(b) of this section, felonious assault is a | 34 |
|
felony of the second degree. If the victim of a violation of | 35 |
division (A) of this section is a peace officer or, an | 36 |
|
investigator of the bureau of criminal identification and | 37 |
|
investigation, or a readily identifiable participant in a | 38 |
|
uniformed law enforcement volunteer program, felonious assault is | 39 |
|
a felony of the first degree.
| 40 |
| (b) Regardless of whether the felonious assault is a felony | 41 |
|
of the first or second degree under division (D)(1)(a) of this | 42 |
|
section, if the offender also is convicted of or pleads guilty to | 43 |
|
a specification as described in section 2941.1423 of the Revised | 44 |
|
Code that was included in the indictment, count in the indictment, | 45 |
|
or information charging the offense, except as otherwise provided | 46 |
|
in this division or unless a longer prison term is required under | 47 |
|
any other provision of law, the court shall sentence the offender | 48 |
|
to a mandatory prison term as provided in division (D)(8) of | 49 |
|
section 2929.14 of the Revised Code. If the victim of the offense | 50 |
is a peace officer or, an investigator of the bureau of criminal | 51 |
|
identification and investigation, or a readily identifiable | 52 |
|
participant in a uniformed law enforcement volunteer program, and | 53 |
|
if the victim suffered serious physical harm as a result of the | 54 |
|
commission of the offense, felonious assault is a felony of the | 55 |
|
first degree, and the court, pursuant to division (F) of section | 56 |
|
2929.13 of the Revised Code, shall impose as a mandatory prison | 57 |
|
term one of the prison terms prescribed for a felony of the first | 58 |
|
degree. | 59 |
| (2) In addition to any other sanctions imposed pursuant to | 60 |
|
division (D)(1) of this section for felonious assault committed in | 61 |
|
violation of division (A)(2) of this section, if the deadly weapon | 62 |
|
used in the commission of the violation is a motor vehicle, the | 63 |
|
court shall impose upon the offender a class two suspension of the | 64 |
|
offender's driver's license, commercial driver's license, | 65 |
|
temporary instruction permit, probationary license, or nonresident | 66 |
|
operating privilege as specified in division (A)(2) of section | 67 |
|
4510.02 of the Revised Code. | 68 |
| (4) "Sexual conduct" has the same meaning as in section | 76 |
|
2907.01 of the Revised Code, except that, as used in this section, | 77 |
|
it does not include the insertion of an instrument, apparatus, or | 78 |
|
other object that is not a part of the body into the vaginal or | 79 |
|
anal opening of another, unless the offender knew at the time of | 80 |
|
the insertion that the instrument, apparatus, or other object | 81 |
|
carried the offender's bodily fluid. | 82 |
| (7) "Uniformed law enforcement volunteer program" means a law | 92 |
|
enforcement volunteer program that is registered with the | 93 |
|
volunteers in police service program that is administered by the | 94 |
|
international association of chiefs of police on behalf of the | 95 |
|
United States department of justice and that is formed in | 96 |
|
affiliation or association with, and trained by, a law enforcement | 97 |
|
agency to observe activities within a neighborhood, to report the | 98 |
|
volunteers' observations to the law enforcement agency, and to | 99 |
|
take other actions intended to reduce crime in the neighborhood. | 100 |
| (B) Whoever violates this section is guilty of aggravated | 120 |
|
assault. Except as otherwise provided in this division, aggravated | 121 |
|
assault is a felony of the fourth degree. If the victim of the | 122 |
offense is a peace officer or, an investigator of the bureau of | 123 |
|
criminal identification and investigation, or a readily | 124 |
|
identifiable participant in a uniformed law enforcement volunteer | 125 |
|
program, aggravated assault is a felony of the third degree. | 126 |
|
Regardless of whether the offense is a felony of the third or | 127 |
|
fourth degree under this division, if the offender also is | 128 |
|
convicted of or pleads guilty to a specification as described in | 129 |
|
section 2941.1423 of the Revised Code that was included in the | 130 |
|
indictment, count in the indictment, or information charging the | 131 |
|
offense, except as otherwise provided in this division, the court | 132 |
|
shall sentence the offender to a mandatory prison term as provided | 133 |
|
in division (D)(8) of section 2929.14 of the Revised Code. If the | 134 |
victim of the offense is a peace officer or, an investigator of | 135 |
|
the bureau of criminal identification and investigation, or a | 136 |
|
readily identifiable participant in a uniformed law enforcement | 137 |
|
volunteer program, and if the victim suffered serious physical | 138 |
|
harm as a result of the commission of the offense, aggravated | 139 |
|
assault is a felony of the third degree, and the court, pursuant | 140 |
|
to division (F) of section 2929.13 of the Revised Code, shall | 141 |
|
impose as a mandatory prison term one of the prison terms | 142 |
|
prescribed for a felony of the third degree. | 143 |
| (C) Whoever violates this section is guilty of assault, and | 158 |
|
the court shall sentence the offender as provided in this division | 159 |
|
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.
| 160 |
|
Except as otherwise provided in division (C)(1), (2), (3), (4), or | 161 |
|
(5) of this section, assault is a misdemeanor of the first degree. | 162 |
| (1) Except as otherwise provided in this division, if the | 163 |
|
offense is committed by a caretaker against a functionally | 164 |
|
impaired person under the caretaker's care, assault is a felony of | 165 |
|
the fourth degree. If the offense is committed by a caretaker | 166 |
|
against a functionally impaired person under the caretaker's care, | 167 |
|
if the offender previously has been convicted of or pleaded guilty | 168 |
|
to a violation of this section or section 2903.11 or 2903.16 of | 169 |
|
the Revised Code, and if in relation to the previous conviction | 170 |
|
the offender was a caretaker and the victim was a functionally | 171 |
|
impaired person under the offender's care, assault is a felony of | 172 |
|
the third degree. | 173 |
| (a) The offense occurs in or on the grounds of a state | 176 |
|
correctional institution or an institution of the department of | 177 |
|
youth services, the victim of the offense is an employee of the | 178 |
|
department of rehabilitation and correction, the department of | 179 |
|
youth services, or a probation department or is on the premises of | 180 |
|
the particular institution for business purposes or as a visitor, | 181 |
|
and the offense is committed by a person incarcerated in the state | 182 |
|
correctional institution, by a person institutionalized in the | 183 |
|
department of youth services institution pursuant to a commitment | 184 |
|
to the department of youth services, by a parolee, by an offender | 185 |
|
under transitional control, under a community control sanction, or | 186 |
|
on an escorted visit, by a person under post-release control, or | 187 |
|
by an offender under any other type of supervision by a government | 188 |
|
agency. | 189 |
| (b) The offense occurs in or on the grounds of a local | 190 |
|
correctional facility, the victim of the offense is an employee of | 191 |
|
the local correctional facility or a probation department or is on | 192 |
|
the premises of the facility for business purposes or as a | 193 |
|
visitor, and the offense is committed by a person who is under | 194 |
|
custody in the facility subsequent to the person's arrest for any | 195 |
|
crime or delinquent act, subsequent to the person's being charged | 196 |
|
with or convicted of any crime, or subsequent to the person's | 197 |
|
being alleged to be or adjudicated a delinquent child. | 198 |
| (c) The offense occurs off the grounds of a state | 199 |
|
correctional institution and off the grounds of an institution of | 200 |
|
the department of youth services, the victim of the offense is an | 201 |
|
employee of the department of rehabilitation and correction, the | 202 |
|
department of youth services, or a probation department, the | 203 |
|
offense occurs during the employee's official work hours and while | 204 |
|
the employee is engaged in official work responsibilities, and the | 205 |
|
offense is committed by a person incarcerated in a state | 206 |
|
correctional institution or institutionalized in the department of | 207 |
|
youth services who temporarily is outside of the institution for | 208 |
|
any purpose, by a parolee, by an offender under transitional | 209 |
|
control, under a community control sanction, or on an escorted | 210 |
|
visit, by a person under post-release control, or by an offender | 211 |
|
under any other type of supervision by a government agency. | 212 |
| (d) The offense occurs off the grounds of a local | 213 |
|
correctional facility, the victim of the offense is an employee of | 214 |
|
the local correctional facility or a probation department, the | 215 |
|
offense occurs during the employee's official work hours and while | 216 |
|
the employee is engaged in official work responsibilities, and the | 217 |
|
offense is committed by a person who is under custody in the | 218 |
|
facility subsequent to the person's arrest for any crime or | 219 |
|
delinquent act, subsequent to the person being charged with or | 220 |
|
convicted of any crime, or subsequent to the person being alleged | 221 |
|
to be or adjudicated a delinquent child and who temporarily is | 222 |
|
outside of the facility for any purpose or by a parolee, by an | 223 |
|
offender under transitional control, under a community control | 224 |
|
sanction, or on an escorted visit, by a person under post-release | 225 |
|
control, or by an offender under any other type of supervision by | 226 |
|
a government agency. | 227 |
| (e) The victim of the offense is a school teacher or | 228 |
|
administrator or a school bus operator, and the offense occurs in | 229 |
|
a school, on school premises, in a school building, on a school | 230 |
|
bus, or while the victim is outside of school premises or a school | 231 |
|
bus and is engaged in duties or official responsibilities | 232 |
|
associated with the victim's employment or position as a school | 233 |
|
teacher or administrator or a school bus operator, including, but | 234 |
|
not limited to, driving, accompanying, or chaperoning students at | 235 |
|
or on class or field trips, athletic events, or other school | 236 |
|
extracurricular activities or functions outside of school | 237 |
|
premises. | 238 |
| (3) If the victim of the offense is a peace officer or an | 239 |
|
investigator of the bureau of criminal identification and | 240 |
|
investigation, a firefighter, or a person performing emergency | 241 |
|
medical service, while in the performance of their official | 242 |
|
duties, or is a readily identifiable participant in a uniformed | 243 |
|
law enforcement volunteer program, assault is a felony of the | 244 |
|
fourth degree. | 245 |
(4) If the victim of the offense is a peace officer or, an | 246 |
|
investigator of the bureau of criminal identification and | 247 |
|
investigation, or a readily identifiable participant in a | 248 |
|
uniformed law enforcement volunteer program and if the victim | 249 |
|
suffered serious physical harm as a result of the commission of | 250 |
|
the offense, assault is a felony of the fourth degree, and the | 251 |
|
court, pursuant to division (F) of section 2929.13 of the Revised | 252 |
|
Code, shall impose as a mandatory prison term one of the prison | 253 |
|
terms prescribed for a felony of the fourth degree that is at | 254 |
|
least twelve months in duration. | 255 |
| (5) If the victim of the offense is an officer or employee of | 256 |
|
a public children services agency or a private child placing | 257 |
|
agency and the offense relates to the officer's or employee's | 258 |
|
performance or anticipated performance of official | 259 |
|
responsibilities or duties, assault is either a felony of the | 260 |
|
fifth degree or, if the offender previously has been convicted of | 261 |
|
or pleaded guilty to an offense of violence, the victim of that | 262 |
|
prior offense was an officer or employee of a public children | 263 |
|
services agency or private child placing agency, and that prior | 264 |
|
offense related to the officer's or employee's performance or | 265 |
|
anticipated performance of official responsibilities or duties, a | 266 |
|
felony of the fourth degree. | 267 |
| (6) If an offender who is convicted of or pleads guilty to | 268 |
|
assault when it is a misdemeanor also is convicted of or pleads | 269 |
|
guilty to a specification as described in section 2941.1423 of the | 270 |
|
Revised Code that was included in the indictment, count in the | 271 |
|
indictment, or information charging the offense, the court shall | 272 |
|
sentence the offender to a mandatory jail term as provided in | 273 |
|
division (G) of section 2929.24 of the Revised Code. | 274 |
| If an offender who is convicted of or pleads guilty to | 275 |
|
assault when it is a felony also is convicted of or pleads guilty | 276 |
|
to a specification as described in section 2941.1423 of the | 277 |
|
Revised Code that was included in the indictment, count in the | 278 |
|
indictment, or information charging the offense, except as | 279 |
|
otherwise provided in division (C)(4) of this section, the court | 280 |
|
shall sentence the offender to a mandatory prison term as provided | 281 |
|
in division (D)(8) of section 2929.14 of the Revised Code. | 282 |
| (4) "Local correctional facility" means a county, | 290 |
|
multicounty, municipal, municipal-county, or multicounty-municipal | 291 |
|
jail or workhouse, a minimum security jail established under | 292 |
|
section 341.23 or 753.21 of the Revised Code, or another county, | 293 |
|
multicounty, municipal, municipal-county, or multicounty-municipal | 294 |
|
facility used for the custody of persons arrested for any crime or | 295 |
|
delinquent act, persons charged with or convicted of any crime, or | 296 |
|
persons alleged to be or adjudicated a delinquent child. | 297 |
