Ohio § 2903.11

§ 2903.11.

(A) No person shall knowingly do either of the following: (1) Cause serious physical harm to another or to another's unborn; (2) Cause or attempt to cause physical harm to another or to another's unborn by means

of a deadly weapon or dangerous ordnance. (B) No person, with knowledge that the person has tested positive as a carrier of a virus

that causes acquired immunodeficiency syndrome, shall knowingly do any of the following: (1) Engage in sexual conduct with another person without disclosing that knowledge to

the other person prior to engaging in the sexual conduct; (2) Engage in sexual conduct with a person whom the offender knows or has reasonable

cause to believe lacks the mental capacity to appreciate the significance of the knowledge

that the offender has tested positive as a carrier of a virus that causes acquired

immunodeficiency syndrome; (3) Engage in sexual conduct with a person under eighteen years of age who is not the

spouse of the offender. (C) The prosecution of a person under this section does not preclude prosecution of that

person under section 2907.02 of the Revised Code . (D)(1)(a) Whoever violates this section is guilty of felonious assault.  Except as otherwise provided in this division or division (D)(1)(b) of this section,

felonious assault is a felony of the second degree.  If the victim of a violation of division (A) of this section is a peace officer

or an investigator of the bureau of criminal identification and investigation, felonious

assault is a felony of the first degree. (b) Regardless of whether the felonious assault is a felony of the first or second degree

under division (D)(1)(a) of this section, if the offender also is convicted of or

pleads guilty to a specification as described in section 2941.1423 of the Revised Code that was included in the indictment, count in the indictment, or information charging

the offense, except as otherwise provided in this division or unless a longer prison

term is required under any other provision of law, the court shall sentence the offender

to a mandatory prison term as provided in division (B)(8) of section 2929.14 of the Revised Code .  If the victim of the offense is a peace officer or an investigator of the bureau

of criminal identification and investigation, and if the victim suffered serious physical

harm as a result of the commission of the offense, felonious assault is a felony of

the first degree, and the court, pursuant to division (F) of section 2929.13 of the Revised Code , shall impose as a mandatory prison term one of the definite prison terms prescribed

for a felony of the first degree in division (A)(1)(b) of section 2929.14 of the Revised Code , except that if the violation is committed on or after the effective date of this

amendment, 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 first

degree in division (A)(1)(a) of section 2929.14 of the Revised Code . (2) In addition to any other sanctions imposed pursuant to division (D)(1) of this section

for felonious assault committed in violation of division (A)(1) or (2) of this section,

if the offender also is convicted of or pleads guilty to a specification of the type

described in section 2941.1425 of the Revised Code that was included in the indictment, count in the indictment, or information charging

the offense, the court shall sentence the offender to a mandatory prison term under division (B)(9) of section 2929.14 of the Revised Code . (3) If the victim of a felonious assault committed in violation of division (A) of this

section is a child under ten years of age and if the offender also is convicted of

or pleads guilty to a specification of the type described in section 2941.1426 of the Revised Code that was included in the indictment, count in the indictment, or information charging

the offense, in addition to any other sanctions imposed pursuant to division (D)(1)

of this section, the court shall sentence the offender to a mandatory prison term

pursuant to division (B)(10) of section 2929.14 of the Revised Code . (4) In addition to any other sanctions imposed pursuant to division (D)(1) of this section

for felonious assault committed in violation of division (A)(2) of this section, if

the deadly weapon used in the commission of the violation is a motor vehicle, the

court shall impose upon the offender a class two suspension of the offender's driver's

license, commercial driver's license, temporary instruction permit, probationary license,

or nonresident operating privilege as specified in division (A)(2) of section 4510.02 of the Revised Code . (E) As used in this section: (1) “Deadly weapon” and “dangerous ordnance” have the same meanings as in section 2923.11 of the Revised Code . (2) “Motor vehicle” has the same meaning as in section 4501.01 of the Revised Code . (3) “Peace officer” has the same meaning as in section 2935.01 of the Revised Code . (4) “Sexual conduct” has the same meaning as in section 2907.01 of the Revised Code , except that, as used in this section, it does not include the insertion of an instrument,

apparatus, or other object that is not a part of the body into the vaginal or anal

opening of another, unless the offender knew at the time of the insertion that the

instrument, apparatus, or other object carried the offender's bodily fluid. (5) “ Investigator of the bureau of criminal identification and investigation ” means an investigator of the bureau of criminal identification and investigation

who is commissioned by the superintendent of the bureau as a special agent for the

purpose of assisting law enforcement officers or providing emergency assistance to

peace officers pursuant to authority granted under section 109.541 of the Revised Code . (6) “Investigator” has the same meaning as in section 109.541 of the Revised Code . (F) The provisions of division (D)(2) of this section and of division (F)(20) of section 2929.13, divisions (B)(9) and (C)(6) of section 2929.14 , and section 2941.1425 of the Revised Code shall be known as “Judy's Law.”