Bill Text: OH HB74 | 2013-2014 | 130th General Assembly | Comm Sub

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Bill Title: To expand the offenses of menacing by stalking and telecommunications harassment, to prohibit a person from knowingly causing another person to believe that the offender will cause physical harm or mental distress to a family or household member of the other person, to increase the penalty for assault when the victim is a volunteer firefighter, and to correct a cross reference in the theft statute to special purchase articles.

Spectrum: Slight Partisan Bill (Republican 26-13)

Status: (Engrossed - Dead) 2014-12-02 - Committee Report - S [HB74 Detail]

Download: Ohio-2013-HB74-Comm_Sub.html

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As Reported by the Senate Criminal Justice Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 74

Representative Anielski 

Cosponsors: Representatives Hackett, Ruhl, Fedor, Driehaus, Sprague, Gonzales, Buchy, Antonio, Grossman, Pillich, Butler, Baker, Barborak, Barnes, Beck, Blair, Blessing, Boose, Brown, Burkley, Cera, Clyde, Conditt, Green, Hagan, C., Hall, Hill, Landis, McClain, McGregor, Milkovich, Patmon, Perales, Rogers, Sheehy, Smith, Terhar Speaker Batchelder 

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A BILL

To amend sections 2903.13, 2903.211, 2913.02, and

1

2917.21 of the Revised Code to expand the offenses

2

of menacing by stalking and telecommunications

3

harassment, to prohibit a person from knowingly

4

causing another person to believe that the

5

offender will cause physical harm or mental

6

distress to a family or household member of the

7

other person, to increase the penalty for assault

8

when the victim is a volunteer firefighter, and to

9

correct a cross reference in the theft statute to

10

special purchase articles.

11

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2903.13, 2903.211, 2913.02, and	12
2917.21 of the Revised Code be amended to read as follows:	13

Sec. 2903.13.  (A) No person shall knowingly cause or attempt	14
to cause physical harm to another or to another's unborn.	15

(B) No person shall recklessly cause serious physical harm to	16
another or to another's unborn.	17

(C)(1) Whoever violates this section is guilty of assault,	18
and the court shall sentence the offender as provided in this	19
division and divisions (C)(1), (2), (3), (4), (5), (6), (7), (8),	20
(9), and (10) of this section. Except as otherwise provided in	21
division (C)(2), (3), (4), (5), (6), (7), (8), or (9) of this	22
section, assault is a misdemeanor of the first degree.	23

(2) Except as otherwise provided in this division, if the	24
offense is committed by a caretaker against a functionally	25
impaired person under the caretaker's care, assault is a felony of	26
the fourth degree. If the offense is committed by a caretaker	27
against a functionally impaired person under the caretaker's care,	28
if the offender previously has been convicted of or pleaded guilty	29
to a violation of this section or section 2903.11 or 2903.16 of	30
the Revised Code, and if in relation to the previous conviction	31
the offender was a caretaker and the victim was a functionally	32
impaired person under the offender's care, assault is a felony of	33
the third degree.	34

(3) If the offense occurs in or on the grounds of a state	35
correctional institution or an institution of the department of	36
youth services, the victim of the offense is an employee of the	37
department of rehabilitation and correction or the department of	38
youth services, and the offense is committed by a person	39
incarcerated in the state correctional institution or by a person	40
institutionalized in the department of youth services institution	41
pursuant to a commitment to the department of youth services,	42
assault is a felony of the third degree.	43

(4) If the offense is committed in any of the following	44
circumstances, assault is a felony of the fifth degree:	45

(a) The offense occurs in or on the grounds of a local	46
correctional facility, the victim of the offense is an employee of	47
the local correctional facility or a probation department or is on	48
the premises of the facility for business purposes or as a	49
visitor, and the offense is committed by a person who is under	50
custody in the facility subsequent to the person's arrest for any	51
crime or delinquent act, subsequent to the person's being charged	52
with or convicted of any crime, or subsequent to the person's	53
being alleged to be or adjudicated a delinquent child.	54

(b) The offense occurs off the grounds of a state	55
correctional institution and off the grounds of an institution of	56
the department of youth services, the victim of the offense is an	57
employee of the department of rehabilitation and correction, the	58
department of youth services, or a probation department, the	59
offense occurs during the employee's official work hours and while	60
the employee is engaged in official work responsibilities, and the	61
offense is committed by a person incarcerated in a state	62
correctional institution or institutionalized in the department of	63
youth services who temporarily is outside of the institution for	64
any purpose, by a parolee, by an offender under transitional	65
control, under a community control sanction, or on an escorted	66
visit, by a person under post-release control, or by an offender	67
under any other type of supervision by a government agency.	68

(c) The offense occurs off the grounds of a local	69
correctional facility, the victim of the offense is an employee of	70
the local correctional facility or a probation department, the	71
offense occurs during the employee's official work hours and while	72
the employee is engaged in official work responsibilities, and the	73
offense is committed by a person who is under custody in the	74
facility subsequent to the person's arrest for any crime or	75
delinquent act, subsequent to the person being charged with or	76
convicted of any crime, or subsequent to the person being alleged	77
to be or adjudicated a delinquent child and who temporarily is	78
outside of the facility for any purpose or by a parolee, by an	79
offender under transitional control, under a community control	80
sanction, or on an escorted visit, by a person under post-release	81
control, or by an offender under any other type of supervision by	82
a government agency.	83

(d) The victim of the offense is a school teacher or	84
administrator or a school bus operator, and the offense occurs in	85
a school, on school premises, in a school building, on a school	86
bus, or while the victim is outside of school premises or a school	87
bus and is engaged in duties or official responsibilities	88
associated with the victim's employment or position as a school	89
teacher or administrator or a school bus operator, including, but	90
not limited to, driving, accompanying, or chaperoning students at	91
or on class or field trips, athletic events, or other school	92
extracurricular activities or functions outside of school	93
premises.	94

(5)(a) If the victim of the offense is a peace officer or an	95
investigator of the bureau of criminal identification and	96
investigation, a firefighter, or a person performing emergency	97
medical service, while in the performance of their official	98
duties, assault is a felony of the fourth degree.	99

(b) If the victim of the offense is a volunteer firefighter	100
who the offender knew or should have known was either a	101
firefighter or a volunteer firefighter while in the performance of	102
their official duties, assault is a felony of the fourth degree.	103

(6) If the victim of the offense is a peace officer or an	104
investigator of the bureau of criminal identification and	105
investigation and if the victim suffered serious physical harm as	106
a result of the commission of the offense, assault is a felony of	107
the fourth degree, and the court, pursuant to division (F) of	108
section 2929.13 of the Revised Code, shall impose as a mandatory	109
prison term one of the prison terms prescribed for a felony of the	110
fourth degree that is at least twelve months in duration.	111

(7) If the victim of the offense is an officer or employee of	112
a public children services agency or a private child placing	113
agency and the offense relates to the officer's or employee's	114
performance or anticipated performance of official	115
responsibilities or duties, assault is either a felony of the	116
fifth degree or, if the offender previously has been convicted of	117
or pleaded guilty to an offense of violence, the victim of that	118
prior offense was an officer or employee of a public children	119
services agency or private child placing agency, and that prior	120
offense related to the officer's or employee's performance or	121
anticipated performance of official responsibilities or duties, a	122
felony of the fourth degree.	123

(8) If the victim of the offense is a health care	124
professional of a hospital, a health care worker of a hospital, or	125
a security officer of a hospital whom the offender knows or has	126
reasonable cause to know is a health care professional of a	127
hospital, a health care worker of a hospital, or a security	128
officer of a hospital, if the victim is engaged in the performance	129
of the victim's duties, and if the hospital offers de-escalation	130
or crisis intervention training for such professionals, workers,	131
or officers, assault is one of the following:	132

(a) Except as otherwise provided in division (C)(8)(b) of	133
this section, assault committed in the specified circumstances is	134
a misdemeanor of the first degree. Notwithstanding the fine	135
specified in division (A)(2)(b) of section 2929.28 of the Revised	136
Code for a misdemeanor of the first degree, in sentencing the	137
offender under this division and if the court decides to impose a	138
fine, the court may impose upon the offender a fine of not more	139
than five thousand dollars.	140

(b) If the offender previously has been convicted of or	141
pleaded guilty to one or more assault or homicide offenses	142
committed against hospital personnel, assault committed in the	143
specified circumstances is a felony of the fifth degree.	144

(9) If the victim of the offense is a judge, magistrate,	145
prosecutor, or court official or employee whom the offender knows	146
or has reasonable cause to know is a judge, magistrate,	147
prosecutor, or court official or employee, and if the victim is	148
engaged in the performance of the victim's duties, assault is one	149
of the following:	150

(a) Except as otherwise provided in division (C)(8)(b) of	151
this section, assault committed in the specified circumstances is	152
a misdemeanor of the first degree. In sentencing the offender	153
under this division, if the court decides to impose a fine,	154
notwithstanding the fine specified in division (A)(2)(b) of	155
section 2929.28 of the Revised Code for a misdemeanor of the first	156
degree, the court may impose upon the offender a fine of not more	157
than five thousand dollars.	158

(b) If the offender previously has been convicted of or	159
pleaded guilty to one or more assault or homicide offenses	160
committed against justice system personnel, assault committed in	161
the specified circumstances is a felony of the fifth degree.	162

(10) If an offender who is convicted of or pleads guilty to	163
assault when it is a misdemeanor also is convicted of or pleads	164
guilty to a specification as described in section 2941.1423 of the	165
Revised Code that was included in the indictment, count in the	166
indictment, or information charging the offense, the court shall	167
sentence the offender to a mandatory jail term as provided in	168
division (G) of section 2929.24 of the Revised Code.	169

If an offender who is convicted of or pleads guilty to	170
assault when it is a felony also is convicted of or pleads guilty	171
to a specification as described in section 2941.1423 of the	172
Revised Code that was included in the indictment, count in the	173
indictment, or information charging the offense, except as	174
otherwise provided in division (C)(6) of this section, the court	175
shall sentence the offender to a mandatory prison term as provided	176
in division (B)(8) of section 2929.14 of the Revised Code.	177

(D) As used in this section:

178

(1) "Peace officer" has the same meaning as in section	179
2935.01 of the Revised Code.	180

(2) "Firefighter" has the same meaning as in section 3937.41	181
of the Revised Code.	182

(3) "Emergency medical service" has the same meaning as in	183
section 4765.01 of the Revised Code.	184

(4) "Local correctional facility" means a county,	185
multicounty, municipal, municipal-county, or multicounty-municipal	186
jail or workhouse, a minimum security jail established under	187
section 341.23 or 753.21 of the Revised Code, or another county,	188
multicounty, municipal, municipal-county, or multicounty-municipal	189
facility used for the custody of persons arrested for any crime or	190
delinquent act, persons charged with or convicted of any crime, or	191
persons alleged to be or adjudicated a delinquent child.	192

(5) "Employee of a local correctional facility" means a	193
person who is an employee of the political subdivision or of one	194
or more of the affiliated political subdivisions that operates the	195
local correctional facility and who operates or assists in the	196
operation of the facility.	197

(6) "School teacher or administrator" means either of the	198
following:	199

(a) A person who is employed in the public schools of the	200
state under a contract described in section 3311.77 or 3319.08 of	201
the Revised Code in a position in which the person is required to	202
have a certificate issued pursuant to sections 3319.22 to 3319.311	203
of the Revised Code.	204

(b) A person who is employed by a nonpublic school for which	205
the state board of education prescribes minimum standards under	206
section 3301.07 of the Revised Code and who is certificated in	207
accordance with section 3301.071 of the Revised Code.	208

(7) "Community control sanction" has the same meaning as in	209
section 2929.01 of the Revised Code.	210

(8) "Escorted visit" means an escorted visit granted under	211
section 2967.27 of the Revised Code.	212

(9) "Post-release control" and "transitional control" have	213
the same meanings as in section 2967.01 of the Revised Code.	214

(10) "Investigator of the bureau of criminal identification	215
and investigation" has the same meaning as in section 2903.11 of	216
the Revised Code.	217

(11) "Health care professional" and "health care worker" have	218
the same meanings as in section 2305.234 of the Revised Code.	219

(12) "Assault or homicide offense committed against hospital	220
personnel" means a violation of this section or of section	221
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or	222
2903.14 of the Revised Code committed in circumstances in which	223
all of the following apply:	224

(a) The victim of the offense was a health care professional	225
of a hospital, a health care worker of a hospital, or a security	226
officer of a hospital.	227

(b) The offender knew or had reasonable cause to know that	228
the victim was a health care professional of a hospital, a health	229
care worker of a hospital, or a security officer of a hospital.	230

(c) The victim was engaged in the performance of the victim's	231
duties.	232

(d) The hospital offered de-escalation or crisis intervention	233
training for such professionals, workers, or officers.	234

(13) "De-escalation or crisis intervention training" means	235
de-escalation or crisis intervention training for health care	236
professionals of a hospital, health care workers of a hospital,	237
and security officers of a hospital to facilitate interaction with	238
patients, members of a patient's family, and visitors, including	239
those with mental impairments.	240

(14) "Assault or homicide offense committed against justice	241
system personnel" means a violation of this section or of section	242
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or	243
2903.14 of the Revised Code committed in circumstances in which	244
the victim of the offense was a judge, magistrate, prosecutor, or	245
court official or employee whom the offender knew or had	246
reasonable cause to know was a judge, magistrate, prosecutor, or	247
court official or employee, and the victim was engaged in the	248
performance of the victim's duties.	249

(15) "Court official or employee" means any official or	250
employee of a court created under the constitution or statutes of	251
this state or of a United States court located in this state.	252

(16) "Judge" means a judge of a court created under the	253
constitution or statutes of this state or of a United States court	254
located in this state.	255

(17) "Magistrate" means an individual who is appointed by a	256
court of record of this state and who has the powers and may	257
perform the functions specified in Civil Rule 53, Criminal Rule	258
19, or Juvenile Rule 40, or an individual who is appointed by a	259
United States court located in this state who has similar powers	260
and functions.	261

(18) "Prosecutor" has the same meaning as in section 2935.01	262
of the Revised Code.	263

(19)(a) "Hospital" means, subject to division (D)(19)(b) of	264
this section, an institution classified as a hospital under	265
section 3701.01 of the Revised Code in which are provided to	266
patients diagnostic, medical, surgical, obstetrical, psychiatric,	267
or rehabilitation care or a hospital operated by a health	268
maintenance organization.	269

(b) "Hospital" does not include any of the following:

270

(i) A facility licensed under Chapter 3721. of the Revised	271
Code, a health care facility operated by the department of mental	272
health or the department of developmental disabilities, a health	273
maintenance organization that does not operate a hospital, or the	274
office of any private, licensed health care professional, whether	275
organized for individual or group practice;	276

(ii) An institution for the sick that is operated exclusively	277
for patients who use spiritual means for healing and for whom the	278
acceptance of medical care is inconsistent with their religious	279
beliefs, accredited by a national accrediting organization, exempt	280
from federal income taxation under section 501 of the "Internal	281
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,	282
and providing twenty-four-hour nursing care pursuant to the	283
exemption in division (E) of section 4723.32 of the Revised Code	284
from the licensing requirements of Chapter 4723. of the Revised	285
Code.	286

(20) "Health maintenance organization" has the same meaning	287
as in section 3727.01 of the Revised Code.	288

(21) "Volunteer firefighter" has the same meaning as in	289
section 146.01 of the Revised Code.	290

Sec. 2903.211.  (A)(1) No person by engaging in a pattern of	291
conduct shall knowingly cause another person to believe that the	292
offender will cause physical harm to the other person or a family	293
or household member of the other person or cause mental distress	294
to the other person or a family or household member of the other	295
person. In addition to any other basis for the other person's	296
belief that the offender will cause physical harm to the other	297
person or the other person's mental distress, the other person's	298
belief or mental distress may be based on words or conduct of the	299
offender that are directed at or identify a corporation,	300
association, or other organization that employs the other person	301
or to which the other person belongs.	302

(2) No person, through the use of any form of written	303
communication or any electronic method of remotely transferring	304
information, including, but not limited to, any computer, computer	305
network, computer program, or computer system or	306
telecommunications device, shall post a message or use any	307
intentionally written or verbal graphic gesture with purpose to	308
urgedo either of the following:	309

(a) Violate division (A)(1) of this section;

310

(b) Urge or incite another to commit a violation of division	311
(A)(1) of this section.	312

(3) No person, with a sexual motivation, shall violate	313
division (A)(1) or (2) of this section.	314

(B) Whoever violates this section is guilty of menacing by	315
stalking.	316

(1) Except as otherwise provided in divisions (B)(2) and (3)	317
of this section, menacing by stalking is a misdemeanor of the	318
first degree.	319

(2) Menacing by stalking is a felony of the fourth degree if	320
any of the following applies:	321

(a) The offender previously has been convicted of or pleaded	322
guilty to a violation of this section or a violation of section	323
2911.211 of the Revised Code.	324

(b) In committing the offense under division (A)(1), (2), or	325
(3) of this section, the offender made a threat of physical harm	326
to or against the victim, or as a result of an offense committed	327
under division (A)(2) or (3) of this section, a third person	328
induced by the offender's posted message made a threat of physical	329
harm to or against the victim.	330

(c) In committing the offense under division (A)(1), (2), or	331
(3) of this section, the offender trespassed on the land or	332
premises where the victim lives, is employed, or attends school,	333
or as a result of an offense committed under division (A)(2) or	334
(3) of this section, a third person induced by the offender's	335
posted message trespassed on the land or premises where the victim	336
lives, is employed, or attends school.	337

(d) The victim of the offense is a minor.

338

(e) The offender has a history of violence toward the victim	339
or any other person or a history of other violent acts toward the	340
victim or any other person.	341

(f) While committing the offense under division (A)(1) of	342
this section or a violation of division (A)(3) of this section	343
based on conduct in violation of division (A)(1) of this section,	344
the offender had a deadly weapon on or about the offender's person	345
or under the offender's control. Division (B)(2)(f) of this	346
section does not apply in determining the penalty for a violation	347
of division (A)(2) of this section or a violation of division	348
(A)(3) of this section based on conduct in violation of division	349
(A)(2) of this section.	350

(g) At the time of the commission of the offense, the	351
offender was the subject of a protection order issued under	352
section 2903.213 or 2903.214 of the Revised Code, regardless of	353
whether the person to be protected under the order is the victim	354
of the offense or another person.	355

(h) In committing the offense under division (A)(1), (2), or	356
(3) of this section, the offender caused serious physical harm to	357
the premises at which the victim resides, to the real property on	358
which that premises is located, or to any personal property	359
located on that premises, or, as a result of an offense committed	360
under division (A)(2) of this section or an offense committed	361
under division (A)(3) of this section based on a violation of	362
division (A)(2) of this section, a third person induced by the	363
offender's posted message caused serious physical harm to that	364
premises, that real property, or any personal property on that	365
premises.	366

(i) Prior to committing the offense, the offender had been	367
determined to represent a substantial risk of physical harm to	368
others as manifested by evidence of then-recent homicidal or other	369
violent behavior, evidence of then-recent threats that placed	370
another in reasonable fear of violent behavior and serious	371
physical harm, or other evidence of then-present dangerousness.	372

(3) If the victim of the offense is an officer or employee of	373
a public children services agency or a private child placing	374
agency and the offense relates to the officer's or employee's	375
performance or anticipated performance of official	376
responsibilities or duties, menacing by stalking is either a	377
felony of the fifth degree or, if the offender previously has been	378
convicted of or pleaded guilty to an offense of violence, the	379
victim of that prior offense was an officer or employee of a	380
public children services agency or private child placing agency,	381
and that prior offense related to the officer's or employee's	382
performance or anticipated performance of official	383
responsibilities or duties, a felony of the fourth degree.	384

(C) Section 2919.271 of the Revised Code applies in relation	385
to a defendant charged with a violation of this section.	386

(D) As used in this section:

387

(1) "Pattern of conduct" means two or more actions or	388
incidents closely related in time, whether or not there has been a	389
prior conviction based on any of those actions or incidents, or	390
two or more actions or incidents closely related in time, whether	391
or not there has been a prior conviction based on any of those	392
actions or incidents, directed at one or more persons employed by	393
or belonging to the same corporation, association, or other	394
organization. Actions or incidents that prevent, obstruct, or	395
delay the performance by a public official, firefighter, rescuer,	396
emergency medical services person, or emergency facility person of	397
any authorized act within the public official's, firefighter's,	398
rescuer's, emergency medical services person's, or emergency	399
facility person's official capacity, or the posting of messages,	400
use of intentionally written or verbal graphic gestures, or	401
receipt of information or data through the use of any form of	402
written communication or an electronic method of remotely	403
transferring information, including, but not limited to, a	404
computer, computer network, computer program, computer system, or	405
telecommunications device, may constitute a "pattern of conduct."	406

(2) "Mental distress" means any of the following:

407

(a) Any mental illness or condition that involves some	408
temporary substantial incapacity;	409

(b) Any mental illness or condition that would normally	410
require psychiatric treatment, psychological treatment, or other	411
mental health services, whether or not any person requested or	412
received psychiatric treatment, psychological treatment, or other	413
mental health services.	414

(3) "Emergency medical services person" is the singular of	415
"emergency medical services personnel" as defined in section	416
2133.21 of the Revised Code.	417

(4) "Emergency facility person" is the singular of "emergency	418
facility personnel" as defined in section 2909.04 of the Revised	419
Code.	420

(5) "Public official" has the same meaning as in section	421
2921.01 of the Revised Code.	422

(6) "Computer," "computer network," "computer program,"	423
"computer system," and "telecommunications device" have the same	424
meanings as in section 2913.01 of the Revised Code.	425

(7) "Post a message" means transferring, sending, posting,	426
publishing, disseminating, or otherwise communicating, or	427
attempting to transfer, send, post, publish, disseminate, or	428
otherwise communicate, any message or information, whether	429
truthful or untruthful, about an individual, and whether done	430
under one's own name, under the name of another, or while	431
impersonating another.	432

(8) "Third person" means, in relation to conduct as described	433
in division (A)(2) of this section, an individual who is neither	434
the offender nor the victim of the conduct.	435

(9) "Sexual motivation" has the same meaning as in section	436
2971.01 of the Revised Code.	437

(10) "Organization" includes an entity that is a governmental	438
employer.	439

(11) "Family or household member" means any of the following:

440

(a) Any of the following who is residing or has resided with	441
the person against whom the act prohibited in division (A)(1) of	442
this section is committed:	443

(i) A spouse, a person living as a spouse, or a former spouse	444
of the person;	445

(ii) A parent, a foster parent, or a child of the person, or	446
another person related by consanguinity or affinity to the person;	447

(iii) A parent or a child of a spouse, person living as a	448
spouse, or former spouse of the person, or another person related	449
by consanguinity or affinity to a spouse, person living as a	450
spouse, or former spouse of the person.	451

(b) The natural parent of any child of whom the person	452
against whom the act prohibited in division (A)(1) of this section	453
is committed is the other natural parent or is the putative other	454
natural parent.	455

(12) "Person living as a spouse" means a person who is living	456
or has lived with the person against whom the act prohibited in	457
division (A)(1) of this section is committed in a common law	458
marital relationship, who otherwise is cohabiting with that	459
person, or who otherwise has cohabited with the person within five	460
years prior to the date of the alleged commission of the act in	461
question.	462

(E) The state does not need to prove in a prosecution under	463
this section that a person requested or received psychiatric	464
treatment, psychological treatment, or other mental health	465
services in order to show that the person was caused mental	466
distress as described in division (D)(2)(b) of this section.	467

(F)(1) This section does not apply to a person solely because	468
the person provided access or connection to or from an electronic	469
method of remotely transferring information not under that	470
person's control, including having provided capabilities that are	471
incidental to providing access or connection to or from the	472
electronic method of remotely transferring the information, and	473
that do not include the creation of the content of the material	474
that is the subject of the access or connection. In addition, any	475
person providing access or connection to or from an electronic	476
method of remotely transferring information not under that	477
person's control shall not be liable for any action voluntarily	478
taken in good faith to block the receipt or transmission through	479
its service of any information that it believes is, or will be	480
sent, in violation of this section.	481

(2) Division (F)(1) of this section does not create an	482
affirmative duty for any person providing access or connection to	483
or from an electronic method of remotely transferring information	484
not under that person's control to block the receipt or	485
transmission through its service of any information that it	486
believes is, or will be sent, in violation of this section except	487
as otherwise provided by law.	488

(3) Division (F)(1) of this section does not apply to a	489
person who conspires with a person actively involved in the	490
creation or knowing distribution of material in violation of this	491
section or who knowingly advertises the availability of material	492
of that nature.	493

Sec. 2913.02.  (A) No person, with purpose to deprive the	494
owner of property or services, shall knowingly obtain or exert	495
control over either the property or services in any of the	496
following ways:	497

(1) Without the consent of the owner or person authorized to	498
give consent;	499

(2) Beyond the scope of the express or implied consent of the	500
owner or person authorized to give consent;	501

(3) By deception;

502

(4) By threat;

503

(5) By intimidation.

504

(B)(1) Whoever violates this section is guilty of theft.

505

(2) Except as otherwise provided in this division or division	506
(B)(3), (4), (5), (6), (7), (8), or (9) of this section, a	507
violation of this section is petty theft, a misdemeanor of the	508
first degree. If the value of the property or services stolen is	509
one thousand dollars or more and is less than seven thousand five	510
hundred dollars or if the property stolen is any of the property	511
listed in section 2913.71 of the Revised Code, a violation of this	512
section is theft, a felony of the fifth degree. If the value of	513
the property or services stolen is seven thousand five hundred	514
dollars or more and is less than one hundred fifty thousand	515
dollars, a violation of this section is grand theft, a felony of	516
the fourth degree. If the value of the property or services stolen	517
is one hundred fifty thousand dollars or more and is less than	518
seven hundred fifty thousand dollars, a violation of this section	519
is aggravated theft, a felony of the third degree. If the value of	520
the property or services is seven hundred fifty thousand dollars	521
or more and is less than one million five hundred thousand	522
dollars, a violation of this section is aggravated theft, a felony	523
of the second degree. If the value of the property or services	524
stolen is one million five hundred thousand dollars or more, a	525
violation of this section is aggravated theft of one million five	526
hundred thousand dollars or more, a felony of the first degree.	527

(3) Except as otherwise provided in division (B)(4), (5),	528
(6), (7), (8), or (9) of this section, if the victim of the	529
offense is an elderly person, disabled adult, active duty service	530
member, or spouse of an active duty service member, a violation of	531
this section is theft from a person in a protected class, and	532
division (B)(3) of this section applies. Except as otherwise	533
provided in this division, theft from a person in a protected	534
class is a felony of the fifth degree. If the value of the	535
property or services stolen is one thousand dollars or more and is	536
less than seven thousand five hundred dollars, theft from a person	537
in a protected class is a felony of the fourth degree. If the	538
value of the property or services stolen is seven thousand five	539
hundred dollars or more and is less than thirty-seven thousand	540
five hundred dollars, theft from a person in a protected class is	541
a felony of the third degree. If the value of the property or	542
services stolen is thirty-seven thousand five hundred dollars or	543
more and is less than one hundred fifty thousand dollars, theft	544
from a person in a protected class is a felony of the second	545
degree. If the value of the property or services stolen is one	546
hundred fifty thousand dollars or more, theft from a person in a	547
protected class is a felony of the first degree.	548

(4) If the property stolen is a firearm or dangerous	549
ordnance, a violation of this section is grand theft. Except as	550
otherwise provided in this division, grand theft when the property	551
stolen is a firearm or dangerous ordnance is a felony of the third	552
degree, and there is a presumption in favor of the court imposing	553
a prison term for the offense. If the firearm or dangerous	554
ordnance was stolen from a federally licensed firearms dealer,	555
grand theft when the property stolen is a firearm or dangerous	556
ordnance is a felony of the first degree. The offender shall serve	557
a prison term imposed for grand theft when the property stolen is	558
a firearm or dangerous ordnance consecutively to any other prison	559
term or mandatory prison term previously or subsequently imposed	560
upon the offender.	561

(5) If the property stolen is a motor vehicle, a violation of	562
this section is grand theft of a motor vehicle, a felony of the	563
fourth degree.	564

(6) If the property stolen is any dangerous drug, a violation	565
of this section is theft of drugs, a felony of the fourth degree,	566
or, if the offender previously has been convicted of a felony drug	567
abuse offense, a felony of the third degree.	568

(7) If the property stolen is a police dog or horse or an	569
assistance dog and the offender knows or should know that the	570
property stolen is a police dog or horse or an assistance dog, a	571
violation of this section is theft of a police dog or horse or an	572
assistance dog, a felony of the third degree.	573

(8) If the property stolen is anhydrous ammonia, a violation	574
of this section is theft of anhydrous ammonia, a felony of the	575
third degree.	576

(9) Except as provided in division (B)(2) of this section	577
with respect to property with a value of seven thousand five	578
hundred dollars or more and division (B)(3) of this section with	579
respect to property with a value of one thousand dollars or more,	580
if the property stolen is a special purposepurchase article as	581
defined in section 4737.04 of the Revised Code or is a bulk	582
merchandise container as defined in section 4737.012 of the	583
Revised Code, a violation of this section is theft of a special	584
purposepurchase article or articles or theft of a bulk	585
merchandise container or containers, a felony of the fifth degree.	586

(10) In addition to the penalties described in division	587
(B)(2) of this section, if the offender committed the violation by	588
causing a motor vehicle to leave the premises of an establishment	589
at which gasoline is offered for retail sale without the offender	590
making full payment for gasoline that was dispensed into the fuel	591
tank of the motor vehicle or into another container, the court may	592
do one of the following:	593

(a) Unless division (B)(10)(b) of this section applies,	594
suspend for not more than six months the offender's driver's	595
license, probationary driver's license, commercial driver's	596
license, temporary instruction permit, or nonresident operating	597
privilege;	598

(b) If the offender's driver's license, probationary driver's	599
license, commercial driver's license, temporary instruction	600
permit, or nonresident operating privilege has previously been	601
suspended pursuant to division (B)(10)(a) of this section, impose	602
a class seven suspension of the offender's license, permit, or	603
privilege from the range specified in division (A)(7) of section	604
4510.02 of the Revised Code, provided that the suspension shall be	605
for at least six months.	606

(c) The court, in lieu of suspending the offender's driver's	607
or commercial driver's license, probationary driver's license,	608
temporary instruction permit, or nonresident operating privilege	609
pursuant to division (B)(10)(a) or (b) of this section, instead	610
may require the offender to perform community service for a number	611
of hours determined by the court.	612

(11) In addition to the penalties described in division	613
(B)(2) of this section, if the offender committed the violation by	614
stealing rented property or rental services, the court may order	615
that the offender make restitution pursuant to section 2929.18 or	616
2929.28 of the Revised Code. Restitution may include, but is not	617
limited to, the cost of repairing or replacing the stolen	618
property, or the cost of repairing the stolen property and any	619
loss of revenue resulting from deprivation of the property due to	620
theft of rental services that is less than or equal to the actual	621
value of the property at the time it was rented. Evidence of	622
intent to commit theft of rented property or rental services shall	623
be determined pursuant to the provisions of section 2913.72 of the	624
Revised Code.	625

(C) The sentencing court that suspends an offender's license,	626
permit, or nonresident operating privilege under division (B)(10)	627
of this section may grant the offender limited driving privileges	628
during the period of the suspension in accordance with Chapter	629
4510. of the Revised Code.	630

Sec. 2917.21.  (A) No person shall knowingly make or cause to	631
be made a telecommunication, or knowingly permit a	632
telecommunication to be made from a telecommunications device	633
under the person's control, to another, if the caller does any of	634
the following:	635

(1) Fails to identify the caller to the recipient of the	636
telecommunication and makesMakes the telecommunication with	637
purpose to harass, intimidate, or abuse any person at the premises	638
to which the telecommunication is made, whether or not actual	639
communication takes place between the caller and a recipient;	640

(2) Describes, suggests, requests, or proposes that the	641
caller, the recipient of the telecommunication, or any other	642
person engage in sexual activity, and the recipient or another	643
person at the premises to which the telecommunication is made has	644
requested, in a previous telecommunication or in the immediate	645
telecommunication, that the caller not make a telecommunication to	646
the recipient or to the premises to which the telecommunication is	647
made;	648

(3) During the telecommunication, violates section 2903.21 of	649
the Revised Code;	650

(4) Knowingly states to the recipient of the	651
telecommunication that the caller intends to cause damage to or	652
destroy public or private property, and the recipient, any member	653
of the recipient's family, or any other person who resides at the	654
premises to which the telecommunication is made owns, leases,	655
resides, or works in, will at the time of the destruction or	656
damaging be near or in, has the responsibility of protecting, or	657
insures the property that will be destroyed or damaged;	658

(5) Knowingly makes the telecommunication to the recipient of	659
the telecommunication, to another person at the premises to which	660
the telecommunication is made, or to those premises, and the	661
recipient or another person at those premises previously has told	662
the caller not to make a telecommunication to those premises or to	663
any persons at those premises;	664

(6) Knowingly makes any comment, request, suggestion, or	665
proposal to the recipient of the telecommunication that is	666
threatening, intimidating, menacing, coercive, or obscene with the	667
intent to abuse, threaten, or harass the recipient;	668

(7) Without a lawful business purpose, knowingly interrupts	669
the telecommunication service of any person;	670

(8) Without a lawful business purpose, knowingly transmits to	671
any person, regardless of whether the telecommunication is heard	672
in its entirety, any file, document, or other communication that	673
prevents that person from using the person's telephone service or	674
electronic communication device;	675

(9) Knowingly makes any false statement concerning the death,	676
injury, illness, disfigurement, reputation, indecent conduct, or	677
criminal conduct of the recipient of the telecommunication or	678
family or household member of the recipient with purpose to abuse,	679
threaten, intimidate, or harass the recipient;	680

(10) Incites another person through a telecommunication or	681
other means to harass or participate in the harassment of a	682
person;	683

(11) Knowingly alarms the recipient by making a	684
telecommunication without a lawful purpose at an hour or hours	685
known to be inconvenient to the recipient and in an offensively or	686
repetitive manner.	687

(B)(1) No person shall make or cause to be made a	688
telecommunication, or permit a telecommunication to be made from a	689
telecommunications device under the person's control, with purpose	690
to abuse, threaten, or harass another person.	691

(2) No person shall knowingly post a text or audio statement	692
or an image on an internet web site or web page for the purpose of	693
abusing, threatening, or harassing another person.	694

(C)(1) Whoever violates this section is guilty of	695
telecommunications harassment.	696

(2) A violation of division (A)(1), (2), (3), or (5), (6),	697
(7), (8), (9), (10), or (11) or (B) of this section is a	698
misdemeanor of the first degree on a first offense and a felony of	699
the fifth degree on each subsequent offense.	700

(3) Except as otherwise provided in division (C)(3) of this	701
section, a violation of division (A)(4) of this section is a	702
misdemeanor of the first degree on a first offense and a felony of	703
the fifth degree on each subsequent offense. If a violation of	704
division (A)(4) of this section results in economic harm of one	705
thousand dollars or more but less than seven thousand five hundred	706
dollars, telecommunications harassment is a felony of the fifth	707
degree. If a violation of division (A)(4) of this section results	708
in economic harm of seven thousand five hundred dollars or more	709
but less than one hundred fifty thousand dollars,	710
telecommunications harassment is a felony of the fourth degree. If	711
a violation of division (A)(4) of this section results in economic	712
harm of one hundred fifty thousand dollars or more,	713
telecommunications harassment is a felony of the third degree.	714

(D) No cause of action may be asserted in any court of this	715
state against any provider of a telecommunications service,	716
interactive computer service as defined in section 230 of Title 47	717
of the United States Code, or information service, or against any	718
officer, employee, or agent of a telecommunication service,	719
interactive computer service as defined in section 230 of Title 47	720
of the United States Code, or information service, for any injury,	721
death, or loss to person or property that allegedly arises out of	722
the provider's, officer's, employee's, or agent's provision of	723
information, facilities, or assistance in accordance with the	724
terms of a court order that is issued in relation to the	725
investigation or prosecution of an alleged violation of this	726
section. A provider of a telecommunications service, interactive	727
computer service as defined in section 230 of Title 47 of the	728
United States Code, or information service, or an officer,	729
employee, or agent of a telecommunications service, interactive	730
computer service as defined in section 230 of Title 47 of the	731
United States Code, or information service, is immune from any	732
civil or criminal liability for injury, death, or loss to person	733
or property that allegedly arises out of the provider's,	734
officer's, employee's, or agent's provision of information,	735
facilities, or assistance in accordance with the terms of a court	736
order that is issued in relation to the investigation or	737
prosecution of an alleged violation of this section.	738

(E)(1) This section does not apply to a person solely because	739
the person provided access or connection to or from an electronic	740
method of remotely transferring information not under that	741
person's control, including having provided capabilities that are	742
incidental to providing access or connection to or from the	743
electronic method of remotely transferring the information, and	744
that do not include the creation of the content of the material	745
that is the subject of the access or connection. In addition, any	746
person providing access or connection to or from an electronic	747
method of remotely transferring information not under that	748
person's control shall not be liable for any action voluntarily	749
taken in good faith to block the receipt or transmission through	750
its service of any information that the person believes is, or	751
will be sent, in violation of this section.	752

(2) Division (E)(1) of this section does not create an	753
affirmative duty for any person providing access or connection to	754
or from an electronic method of remotely transferring information	755
not under that person's control to block the receipt or	756
transmission through its service of any information that it	757
believes is, or will be sent, in violation of this section except	758
as otherwise provided by law.	759

(3) Division (E)(1) of this section does not apply to a	760
person who conspires with a person actively involved in the	761
creation or knowing distribution of material in violation of this	762
section or who knowingly advertises the availability of material	763
of that nature.	764

(4) A provider or user of an interactive computer service, as	765
defined in section 230 of Title 47 of the United States Code,	766
shall neither be treated as the publisher or speaker of any	767
information provided by another information content provider, as	768
defined in section 230 of Title 47 of the United States Code, nor	769
held civilly or criminally liable for the creation or development	770
of information provided by another information content provider,	771
as defined in section 230 of Title 47 of the United States Code.	772
Nothing in this division shall be construed to protect a person	773
from liability to the extent that the person developed or created	774
any content in violation of this section.	775

(F) Divisions (A)(5) to (11) and (B)(2) of this section do	776
not apply to a person who, while employed or contracted by a	777
newspaper, magazine, press association, news agency, news wire	778
service, cable channel or cable operator, or radio or television	779
station, is gathering, processing, transmitting, compiling,	780
editing, or disseminating information for the general public	781
within the scope of the person's employment in that capacity or	782
the person's contractual authority in that capacity.	783

(G) As used in this section:

784

(1) "Economic harm" means all direct, incidental, and	785
consequential pecuniary harm suffered by a victim as a result of	786
criminal conduct. "Economic harm" includes, but is not limited to,	787
all of the following:	788

(a) All wages, salaries, or other compensation lost as a	789
result of the criminal conduct;	790

(b) The cost of all wages, salaries, or other compensation	791
paid to employees for time those employees are prevented from	792
working as a result of the criminal conduct;	793

(c) The overhead costs incurred for the time that a business	794
is shut down as a result of the criminal conduct;	795

(d) The loss of value to tangible or intangible property that	796
was damaged as a result of the criminal conduct.	797

(2) "Caller" means the person described in division (A) of	798
this section who makes or causes to be made a telecommunication or	799
who permits a telecommunication to be made from a	800
telecommunications device under that person's control.	801

(3) "Telecommunication" and "telecommunications device" have	802
the same meanings as in section 2913.01 of the Revised Code.	803

(4) "Sexual activity" has the same meaning as in section	804
2907.01 of the Revised Code.	805

(F)(5) "Family or household member" means any of the	806
following:	807

(a) Any of the following who is residing or has resided with	808
the recipient of the telecommunication against whom the act	809
prohibited in division (A)(9) of this section is committed:	810

(i) A spouse, a person living as a spouse, or a former spouse	811
of the recipient;	812

(ii) A parent, a foster parent, or a child of the recipient,	813
or another person related by consanguinity or affinity to the	814
recipient;	815

(iii) A parent or a child of a spouse, person living as a	816
spouse, or former spouse of the recipient, or another person	817
related by consanguinity or affinity to a spouse, person living as	818
a spouse, or former spouse of the recipient.	819

(b) The natural parent of any child of whom the recipient of	820
the telecommunication against whom the act prohibited in division	821
(A)(9) of this section is committed is the other natural parent or	822
is the putative other natural parent.	823

(6) "Person living as a spouse" means a person who is living	824
or has lived with the recipient of the telecommunication against	825
whom the act prohibited in division (A)(9) of this section is	826
committed in a common law marital relationship, who otherwise is	827
cohabiting with the recipient, or who otherwise has cohabited with	828
the recipient within five years prior to the date of the alleged	829
commission of the act in question.	830

(7) "Cable operator" has the same meaning as in section	831
1332.21 of the Revised Code.	832

(G) Nothing in this section prohibits a person from making a	833
telecommunication to a debtor that is in compliance with the "Fair	834
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C.	835
1692, as amended, or the "Telephone Consumer Protection Act," 105	836
Stat. 2395 (1991), 47 U.S.C. 227, as amended.	837

Section 2.  That existing sections 2903.13, 2903.211,	838
2913.02, and 2917.21 of the Revised Code are hereby repealed.	839