Ohio § 2903.08

§ 2903.08.

(A) No person, while operating or participating in the operation of a motor vehicle,

motorcycle, utility vehicle, mini-truck, snowmobile, locomotive, watercraft, or aircraft,

shall cause serious physical harm to another person or another's unborn in any of

the following ways: (1)(a) As the proximate result of committing a violation of division (A) of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance; (b) As the proximate result of committing a violation of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance; (c) As the proximate result of committing a violation of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance. (2) In one of the following ways: (a) As the proximate result of committing, while operating or participating in the operation

of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone,

a reckless operation offense, provided that this division applies only if the person

to whom the serious physical harm is caused or to whose unborn the serious physical

harm is caused is in the construction zone at the time of the offender's commission

of the reckless operation offense in the construction zone and does not apply as described

in division (E) of this section; (b) Recklessly. (3) As the proximate result of committing, while operating or participating in the operation

of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone,

a speeding offense, provided that this division applies only if the person to whom

the serious physical harm is caused or to whose unborn the serious physical harm is

caused is in the construction zone at the time of the offender's commission of the

speeding offense in the construction zone and does not apply as described in division

(E) of this section. (B)(1) Whoever violates division (A)(1) of this section is guilty of aggravated vehicular

assault.  Except as otherwise provided in this division, aggravated vehicular assault is a

felony of the third degree.  Aggravated vehicular assault is a felony of the second degree if any of the following

apply: (a) At the time of the offense, the offender was driving under a suspension imposed under

Chapter 4510. or any other provision of the Revised Code. (b) The offender previously has been convicted of or pleaded guilty to a violation of

this section. (c) The offender previously has been convicted of or pleaded guilty to any traffic-related

homicide, manslaughter, or assault offense. (d) The offender previously has been convicted of or pleaded guilty to three or more

prior violations of division (A) of section 4511.19 of the Revised Code or a substantially equivalent municipal ordinance within the previous ten years. (e) The offender previously has been convicted of or pleaded guilty to three or more

prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous ten years. (f) The offender previously has been convicted of or pleaded guilty to three or more

prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous ten years. (g) The offender previously has been convicted of or pleaded guilty to three or more

prior violations of any combination of the offenses listed in division (B)(1)(d),

(e), or (f) of this section. (h) The offender previously has been convicted of or pleaded guilty to a second or subsequent

felony violation of division (A) of section 4511.19 of the Revised Code . (2) In addition to any other sanctions imposed pursuant to division (B)(1) of this section,

except as otherwise provided in this division, the court shall impose upon the offender

a class three suspension of the offender's driver's license, commercial driver's license,

temporary instruction permit, probationary license, or nonresident operating privilege

from the range specified in division (A)(3) of section 4510.02 of the Revised Code .  If the offender previously has been convicted of or pleaded guilty to a violation

of this section, any traffic-related homicide, manslaughter, or assault offense, or

any traffic-related murder, felonious assault, or attempted murder offense, the court

shall impose either a class two suspension of the offender's driver's license, commercial

driver's license, temporary instruction permit, probationary license, or nonresident

operating privilege from the range specified in division (A)(2) of that section or

a class one suspension as specified in division (A)(1) of that section. (C)(1) Whoever violates division (A)(2) or (3) of this section is guilty of vehicular assault

and shall be punished as provided in divisions (C)(2) and (3) of this section. (2) Except as otherwise provided in this division, vehicular assault committed in violation

of division (A)(2) of this section is a felony of the fourth degree.  Vehicular assault committed in violation of division (A)(2) of this section is a

felony of the third degree if, at the time of the offense, the offender was driving

under a suspension imposed under Chapter 4510. or any other provision of the Revised

Code, if the offender previously has been convicted of or pleaded guilty to a violation

of this section or any traffic-related homicide, manslaughter, or assault offense,

or if, in the same course of conduct that resulted in the violation of division (A)(2)

of this section, the offender also violated section 4549.02 , 4549.021 , or 4549.03 of the Revised Code . In addition to any other sanctions imposed, the court shall impose upon the offender

a class four suspension of the offender's driver's license, commercial driver's license,

temporary instruction permit, probationary license, or nonresident operating privilege

from the range specified in division (A)(4) of section 4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a violation

of this section, any traffic-related homicide, manslaughter, or assault offense, or

any traffic-related murder, felonious assault, or attempted murder offense, a class

three suspension of the offender's driver's license, commercial driver's license,

temporary instruction permit, probationary license, or nonresident operating privilege

from the range specified in division (A)(3) of that section. (3) Except as otherwise provided in this division, vehicular assault committed in violation

of division (A)(3) of this section is a misdemeanor of the first degree.  Vehicular assault committed in violation of division (A)(3) of this section is a

felony of the fourth degree if, at the time of the offense, the offender was driving

under a suspension imposed under Chapter 4510. or any other provision of the Revised

Code or if the offender previously has been convicted of or pleaded guilty to a violation

of this section or any traffic-related homicide, manslaughter, or assault offense. In addition to any other sanctions imposed, the court shall impose upon the offender

a class four suspension of the offender's driver's license, commercial driver's license,

temporary instruction permit, probationary license, or nonresident operating privilege

from the range specified in division (A)(4) of section 4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a violation

of this section, any traffic-related homicide, manslaughter, or assault offense, or

any traffic-related murder, felonious assault, or attempted murder offense, a class

three suspension of the offender's driver's license, commercial driver's license,

temporary instruction permit, probationary license, or nonresident operating privilege

from the range specified in division (A)(3) of section 4510.02 of the Revised Code . (D)(1) The court shall impose a mandatory prison term, as described in division (D)(4) of

this section, on an offender who is convicted of or pleads guilty to a violation of

division (A)(1) of this section. (2) The court shall impose a mandatory prison term, as described in division (D)(4) of

this section, on an offender who is convicted of or pleads guilty to a violation of

division (A)(2) of this section or a felony violation of division (A)(3) of this section

if either of the following applies: (a) The offender previously has been convicted of or pleaded guilty to a violation of

this section or section 2903.06 of the Revised Code . (b) At the time of the offense, the offender was driving under suspension under Chapter

4510. or any other provision of the Revised Code. (3) The court shall impose a mandatory jail term of at least seven days on an offender

who is convicted of or pleads guilty to a misdemeanor violation of division (A)(3)

of this section and may impose upon the offender a longer jail term as authorized

pursuant to section 2929.24 of the Revised Code . (4) A mandatory prison term required under division (D)(1) or (2) of this section shall

be a definite term from the range of prison terms provided in division (A)(2)(b) of section 2929.14 of the Revised Code for a felony of the second degree, from division (A)(3)(a) of that section for a

felony of the third degree, or from division (A)(4) of that section for a felony of

the fourth degree, whichever is applicable, except that if the violation is a felony

of the second degree committed on or after March 22, 2019, the court shall impose

as the minimum prison term for the offense a mandatory prison term that is one of

the minimum terms prescribed for a felony of the second degree in division (A)(2)(a) of section 2929.14 of the Revised Code . (E) Divisions (A)(2)(a) and (3) of this section do not apply in a particular construction

zone unless signs of the type described in section 2903.081 of the Revised Code are erected in that construction zone in accordance with the guidelines and design

specifications established by the director of transportation under section 5501.27 of the Revised Code .  The failure to erect signs of the type described in section 2903.081 of the Revised Code in a particular construction zone in accordance with those guidelines and design

specifications does not limit or affect the application of division (A)(1) or (2)(b)

of this section in that construction zone or the prosecution of any person who violates

either of those divisions in that construction zone. (F) As used in this section: (1) “Mandatory prison term” and “mandatory jail term” have the same meanings as in section 2929.01 of the Revised Code . (2) “Traffic-related homicide, manslaughter, or assault offense” and “traffic-related

murder, felonious assault, or attempted murder offense” have the same meanings as

in section 2903.06 of the Revised Code . (3) “Construction zone” has the same meaning as in section 5501.27 of the Revised Code . (4) “Reckless operation offense” and “speeding offense” have the same meanings as in section 2903.06 of the Revised Code . (G) For the purposes of this section, when a penalty or suspension is enhanced because

of a prior or current violation of a specified law or a prior or current specified

offense, the reference to the violation of the specified law or the specified offense

includes any violation of any substantially equivalent municipal ordinance, former

law of this state, or current or former law of another state or the United States.