(B) No person shall purposely cause the death of another or | 13 |
the unlawful
termination of another's pregnancy
while committing | 14 |
or attempting to commit, or while fleeing
immediately after | 15 |
committing or attempting to commit, kidnapping,
rape, aggravated | 16 |
arson, arson, aggravated robbery, robbery,
aggravated
burglary, | 17 |
burglary,
terrorism, or escape. | 18 |
(D)(1)(a) Whoever violates this section is guilty of | 74 |
felonious
assault. Except as otherwise provided in this division | 75 |
or division (D)(1)(b) of this section, felonious
assault is
a | 76 |
felony of
the second degree. If the victim of a
violation of | 77 |
division (A) of this section is a peace
officer or an, | 78 |
investigator of the bureau of criminal
identification and | 79 |
investigation, or public utility worker, felonious assault
is a | 80 |
felony
of the first degree.
| 81 |
(b) Regardless of whether the felonious assault is a felony | 82 |
of the first or
second degree under division (D)(1)(a) of this | 83 |
section, if the offender also is
convicted of or pleads guilty to | 84 |
a specification as described in
section 2941.1423 of the Revised | 85 |
Code that was included in the
indictment, count in the | 86 |
indictment, or information charging the
offense, except as | 87 |
otherwise provided in this division or unless a longer prison term | 88 |
is required under any other provision of law, the court
shall | 89 |
sentence the offender to a mandatory prison term as provided
in | 90 |
division (D)(8) of section 2929.14 of the Revised Code. If the | 91 |
victim of the offense is a peace officer or an,
investigator
of | 92 |
the bureau of criminal identification and
investigation, or | 93 |
public utility worker, and if
the victim suffered
serious | 94 |
physical harm
as a result of the
commission of the offense, | 95 |
felonious
assault
is a felony of the
first degree, and the | 96 |
court, pursuant to
division
(F) of section
2929.13 of the | 97 |
Revised Code, shall impose
as a mandatory prison
term one of the | 98 |
prison terms prescribed for
a felony of the first
degree. | 99 |
(2) In addition to any other sanctions imposed pursuant to | 100 |
division (D)(1) of this section for felonious assault committed in | 101 |
violation of division (A)(2) of this section, if the deadly weapon | 102 |
used in the commission of the violation is a motor vehicle, the | 103 |
court shall impose upon the offender a class two suspension of the | 104 |
offender's driver's license, commercial driver's license, | 105 |
temporary instruction permit, probationary license, or nonresident | 106 |
operating privilege as specified in division (A)(2) of section | 107 |
4510.02 of the Revised Code. | 108 |
(4) "Sexual conduct" has the same meaning as in section | 116 |
2907.01 of the Revised Code,
except that, as used in this section, | 117 |
it does not include the insertion of an
instrument, apparatus, or | 118 |
other object that is not a part of the body into the
vaginal or | 119 |
anal opening of another, unless the offender knew at the time of | 120 |
the
insertion that the instrument, apparatus, or other object | 121 |
carried the
offender's bodily fluid. | 122 |
(B) Whoever violates this section is guilty of aggravated | 144 |
assault. Except as otherwise provided in this division, | 145 |
aggravated assault is a felony of the fourth degree. If the victim | 146 |
of the
offense is a peace officer or an,
investigator of the | 147 |
bureau
of criminal identification and
investigation, or public | 148 |
utility worker, aggravated assault
is a felony of the third | 149 |
degree. Regardless of whether the offense
is a felony of the | 150 |
third or fourth degree under this division, if
the offender also | 151 |
is convicted of or pleads guilty to a
specification as described | 152 |
in section 2941.1423 of the Revised
Code that was included in the | 153 |
indictment, count in the indictment,
or information charging the | 154 |
offense, except as otherwise provided
in this division, the court | 155 |
shall sentence the offender to a
mandatory prison term as | 156 |
provided in division (D)(8) of section
2929.14 of the Revised | 157 |
Code. If the victim of the offense is a peace
officer or an, | 158 |
investigator of the bureau of criminal
identification and | 159 |
investigation, or public utility worker, and if the
victim | 160 |
suffered
serious physical harm as a result of the commission of | 161 |
the
offense, aggravated assault is a felony of the third degree, | 162 |
and
the court,
pursuant to division (F) of section 2929.13 of the | 163 |
Revised
Code, shall impose as a mandatory prison term one of the | 164 |
prison terms
prescribed for a felony of the third degree. | 165 |
(C) Whoever violates this section is guilty of assault, and | 178 |
the court shall sentence the offender as provided in this division | 179 |
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.
| 180 |
Except as otherwise provided in division (C)(1), (2), (3),
(4),
or | 181 |
(5) of
this section, assault is a
misdemeanor of the first
degree. | 182 |
(1) Except as otherwise provided in this division, if the | 183 |
offense is committed by a caretaker against a
functionally | 184 |
impaired person under the caretaker's care, assault is
a felony
of | 185 |
the fourth degree. If the offense is committed by a caretaker | 186 |
against a functionally impaired person under the caretaker's care, | 187 |
if the
offender previously has been convicted of or pleaded guilty | 188 |
to a
violation of this section or section 2903.11 or 2903.16 of | 189 |
the
Revised Code, and if in relation to the previous conviction | 190 |
the
offender was a caretaker and the victim was a functionally | 191 |
impaired person under the offender's care, assault is a felony of | 192 |
the third degree. | 193 |
(a) The offense occurs in or on the grounds of a state | 196 |
correctional institution or an institution of the department of | 197 |
youth services, the victim of the offense is an employee of the | 198 |
department of rehabilitation and correction, the department of | 199 |
youth services, or a probation department or is on the premises
of | 200 |
the particular institution for business purposes or as a
visitor, | 201 |
and the offense is committed by a person incarcerated in
the state | 202 |
correctional institution, by a person institutionalized in
the | 203 |
department of youth services institution pursuant to a
commitment | 204 |
to the department of youth services, by a
parolee,
by an offender | 205 |
under transitional
control, under
a community
control sanction, or | 206 |
on an escorted visit, by a person under
post-release control,
or | 207 |
by an
offender under any other type of
supervision by a government | 208 |
agency. | 209 |
(b) The offense occurs in or on the grounds of a local | 210 |
correctional facility, the victim of the offense is an employee
of | 211 |
the local correctional facility or a probation department or
is on | 212 |
the premises of the facility for business purposes or as a | 213 |
visitor, and the offense is committed by a person who is under | 214 |
custody in the facility subsequent to the person's arrest for any | 215 |
crime or
delinquent act, subsequent to the person's being charged | 216 |
with or
convicted
of any crime, or subsequent to the person's | 217 |
being alleged to be or
adjudicated a delinquent child. | 218 |
(c) The offense occurs off the grounds of a state | 219 |
correctional institution and off the grounds of an institution of | 220 |
the department of youth services, the victim of the offense is an | 221 |
employee of the department of rehabilitation and correction, the | 222 |
department of youth services, or a probation department, the | 223 |
offense occurs during the employee's official work hours and
while | 224 |
the employee is engaged in official work responsibilities, and
the | 225 |
offense is committed by a person incarcerated in a state | 226 |
correctional institution or institutionalized in the department
of | 227 |
youth services who temporarily is outside of the institution
for | 228 |
any purpose, by a
parolee,
by an offender under
transitional | 229 |
control, under a
community control sanction, or on an
escorted | 230 |
visit, by a person under
post-release control, or by an
offender | 231 |
under any other type of supervision by
a government
agency. | 232 |
(d) The offense occurs off the grounds of a local | 233 |
correctional facility, the victim of the offense is an employee
of | 234 |
the local correctional facility or a probation department, the | 235 |
offense occurs during the employee's official work hours and
while | 236 |
the employee is engaged in official work responsibilities, and
the | 237 |
offense is committed by a person who is under custody in the | 238 |
facility subsequent to the person's arrest for any crime or | 239 |
delinquent
act, subsequent to the person being charged with or | 240 |
convicted of any
crime, or subsequent to the person being alleged | 241 |
to be or
adjudicated a
delinquent child and who temporarily is | 242 |
outside of the facility
for any purpose or by a
parolee, by an | 243 |
offender under
transitional control, under a
community
control | 244 |
sanction, or on an escorted visit, by a person
under post-release | 245 |
control, or by an offender under any other type
of supervision by | 246 |
a government
agency. | 247 |
(e) The victim of the offense is a school teacher or | 248 |
administrator or a
school bus operator, and the offense occurs in | 249 |
a school, on school premises,
in a school
building, on a school | 250 |
bus, or while the victim is outside of school premises
or a school | 251 |
bus and is engaged in duties or official
responsibilities | 252 |
associated with the victim's employment or position
as a school | 253 |
teacher or
administrator or a school bus operator, including, but | 254 |
not limited to,
driving, accompanying, or chaperoning students at | 255 |
or on class or field trips,
athletic events, or other school | 256 |
extracurricular activities or functions
outside of school | 257 |
premises. | 258 |
(3) If the victim of the offense is a
peace officer or an, | 259 |
investigator of the bureau of criminal
identification and | 260 |
investigation, a
firefighter, or a person
performing emergency | 261 |
medical service,
or public utility worker, while in the | 262 |
performance of
their official
duties or in the course of | 263 |
employment, assault is a
felony of the fourth degree. | 264 |
(4) If the victim of the offense is a
peace officer or an, | 265 |
investigator of the bureau of criminal
identification and | 266 |
investigation, or public utility worker and if
the victim
suffered | 267 |
serious physical harm as
a result of the
commission of the | 268 |
offense,
assault is a felony of
the fourth
degree, and the court, | 269 |
pursuant to division
(F) of
section 2929.13
of the Revised Code, | 270 |
shall
impose as a mandatory
prison term one
of the prison terms | 271 |
prescribed for a
felony of the
fourth degree
that is at least | 272 |
twelve months in duration. | 273 |
(5) If the victim of the offense is an officer or employee
of | 274 |
a public
children services agency or a private child placing | 275 |
agency and the offense
relates to the officer's or employee's | 276 |
performance or anticipated performance
of official | 277 |
responsibilities or duties, assault is either a felony of the | 278 |
fifth degree
or, if the offender previously has been convicted of | 279 |
or pleaded guilty
to an offense of violence, the victim of that | 280 |
prior offense was an officer or
employee of a public children | 281 |
services agency or private child placing agency,
and that prior | 282 |
offense related to the officer's or employee's performance or | 283 |
anticipated performance of official responsibilities or duties, a | 284 |
felony of
the fourth degree. | 285 |
(6) If an offender who is convicted of or pleads guilty to | 286 |
assault when it is a misdemeanor also is convicted of or pleads | 287 |
guilty to a specification as described in section 2941.1423 of the | 288 |
Revised Code that was included in the indictment, count in the | 289 |
indictment, or information charging the offense, the court shall | 290 |
sentence the offender to a mandatory jail term as provided in | 291 |
division (G) of section 2929.24 of the Revised Code. | 292 |
If an offender who is convicted of or pleads guilty to | 293 |
assault when it is a felony also is convicted of or pleads guilty | 294 |
to a specification as described in section 2941.1423 of the | 295 |
Revised Code that was included in the indictment, count in the | 296 |
indictment, or information charging the offense, except as | 297 |
otherwise provided in division (C)(4) of this section, the court | 298 |
shall
sentence the offender to a mandatory prison term as | 299 |
provided in
division (D)(8) of section 2929.14 of the Revised | 300 |
Code. | 301 |
(4) "Local correctional facility" means a county, | 309 |
multicounty, municipal, municipal-county, or
multicounty-municipal | 310 |
jail or workhouse, a minimum security
jail established under | 311 |
section 341.23 or 753.21 of
the Revised Code, or another county, | 312 |
multicounty, municipal,
municipal-county, or multicounty-municipal | 313 |
facility used for the
custody of persons arrested for any crime or | 314 |
delinquent act,
persons charged with or convicted of any crime, or | 315 |
persons
alleged to be or adjudicated a delinquent child. | 316 |
(1) The offense was the assassination of the president of
the | 349 |
United States or a person in line of succession to the
presidency, | 350 |
the governor or lieutenant governor of this
state, the | 351 |
president-elect or vice president-elect of the
United States, the | 352 |
governor-elect or lieutenant
governor-elect of this state, or a | 353 |
candidate for any of the
offices described in this division. For | 354 |
purposes of this division, a person
is a
candidate if the person | 355 |
has been nominated for election
according to law, if the person | 356 |
has filed a petition or
petitions according to law to have the | 357 |
person's name placed
on the ballot in a primary or general | 358 |
election, or if the
person campaigns as a write-in candidate in a | 359 |
primary or general election. | 360 |
(4) The offense was committed while the offender was
under | 365 |
detention or while the
offender was at large after having broken | 366 |
detention. As used
in division (A)(4)
of this section,
"detention" | 367 |
has the same meaning as
in section 2921.01 of
the
Revised Code, | 368 |
except that detention does not include
hospitalization, | 369 |
institutionalization, or confinement in a mental
health facility | 370 |
or mental retardation and developmentally disabled
facility
unless | 371 |
at the time of the commission of the offense
either of
the | 372 |
following circumstances apply: | 373 |
(6) The victim of the offense was a law enforcement officer, | 384 |
as
defined in section 2911.01 of the Revised Code, or a public | 385 |
utility worker, as defined in section 2903.01 of the Revised Code, | 386 |
whom the
offender
had reasonable cause to know or knew to be a law | 387 |
enforcement officer or a public utility worker as so
defined, and | 388 |
either the
victim, at the
time of the commission of the offense, | 389 |
was engaged
in the victim's
duties, or it was the offender's | 390 |
specific
purpose to kill a law
enforcement officer or a public | 391 |
utility worker as so defined. | 392 |
(7) The offense was committed while the offender was | 393 |
committing, attempting to commit, or fleeing immediately after | 394 |
committing or attempting to commit kidnapping, rape, aggravated | 395 |
arson, aggravated robbery,
or aggravated burglary,
and either the | 396 |
offender was the principal offender in the
commission of the | 397 |
aggravated murder or, if not the principal
offender, committed
the | 398 |
aggravated murder with prior calculation
and design. | 399 |
(8) The victim of the aggravated murder was a witness to
an | 400 |
offense who was purposely killed to prevent the victim's
testimony | 401 |
in any criminal proceeding and the aggravated murder was not | 402 |
committed during the commission, attempted commission, or flight | 403 |
immediately after the commission or attempted commission of the | 404 |
offense to which the victim was a witness, or the victim of the | 405 |
aggravated murder was a witness to an offense and was purposely | 406 |
killed in retaliation for the victim's testimony in any
criminal | 407 |
proceeding. | 408 |
(9) The offender, in the commission of the offense, | 409 |
purposefully
caused the death of another who was under thirteen | 410 |
years
of age at the time of the commission of the offense, and | 411 |
either the offender
was the principal offender in the commission | 412 |
of the offense or, if
not the principal offender, committed the | 413 |
offense with prior
calculation and design. | 414 |
(B) If one or more of the aggravating circumstances listed
in | 418 |
division (A) of this section is specified in the indictment or | 419 |
count in the indictment and proved beyond a reasonable doubt, and | 420 |
if the offender did not raise the matter of age pursuant to | 421 |
section 2929.023 of the Revised Code or if the offender, after | 422 |
raising the matter of age, was found at trial to have been | 423 |
eighteen years of age or older at the time of the commission of | 424 |
the offense, the court, trial jury, or panel of three judges
shall | 425 |
consider, and weigh against the aggravating circumstances
proved | 426 |
beyond a reasonable doubt, the nature and circumstances of
the | 427 |
offense, the history, character, and background of the
offender, | 428 |
and all of the following factors: | 429 |