Ohio § 2903.211

§ 2903.211.

(A)(1) No person by engaging in a pattern of conduct shall knowingly cause another person

to believe that the offender will cause physical harm to the other person or a family

or household member of the other person or cause mental distress to the other person

or a family or household member of the other person.  In addition to any other basis for the other person's belief that the offender will

cause physical harm to the other person or the other person's family or household

member or mental distress to the other person or the other person's family or household

member, the other person's belief or mental distress may be based on words or conduct

of the offender that are directed at or identify a corporation, association, or other

organization that employs the other person or to which the other person belongs. (2) No person, through the use of any form of written communication or any electronic

method of remotely transferring information, including, but not limited to, any computer,

computer network, computer program, computer system, or telecommunication device shall

post a message or use any intentionally written or verbal graphic gesture with purpose

to do either of the following: (a) Violate division (A)(1) of this section; (b) Urge or incite another to commit a violation of division (A)(1) of this section. (3) No person, with a sexual motivation, shall violate division (A)(1) or (2) of this

section. (B) Whoever violates this section is guilty of menacing by stalking. (1) Except as otherwise provided in divisions (B)(2) and (3) of this section, menacing

by stalking is a misdemeanor of the first degree. (2) Menacing by stalking is a felony of the fourth degree if any of the following applies: (a) The offender previously has been convicted of or pleaded guilty to a violation of

this section or a violation of section 2911.211 of the Revised Code . (b) In committing the offense under division (A)(1), (2), or (3) of this section, the

offender made a threat of physical harm to or against the victim, or as a result of

an offense committed under division (A)(2) or (3) of this section, a third person

induced by the offender's posted message made a threat of physical harm to or against

the victim. (c) In committing the offense under division (A)(1), (2), or (3) of this section, the

offender trespassed on the land or premises where the victim lives, is employed, or

attends school, or as a result of an offense committed under division (A)(2) or (3)

of this section, a third person induced by the offender's posted message trespassed

on the land or premises where the victim lives, is employed, or attends school. (d) The victim of the offense is a minor. (e) The offender has a history of violence toward the victim or any other person or a

history of other violent acts toward the victim or any other person. (f) While committing the offense under division (A)(1) of this section or a violation

of division (A)(3) of this section based on conduct in violation of division (A)(1)

of this section, the offender had a deadly weapon on or about the offender's person

or under the offender's control.  Division (B)(2)(f) of this section does not apply in determining the penalty for

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

this section based on conduct in violation of division (A)(2) of this section. (g) At the time of the commission of the offense, the offender was the subject of a protection

order issued under section 2903.213 or 2903.214 of the Revised Code , regardless of whether the person to be protected under the order is the victim of

the offense or another person. (h) In committing the offense under division (A)(1), (2), or (3) of this section, the

offender caused serious physical harm to the premises at which the victim resides,

to the real property on which that premises is located, or to any personal property

located on that premises, or, as a result of an offense committed under division (A)(2)

of this section or an offense committed under division (A)(3) of this section based

on a violation of division (A)(2) of this section, a third person induced by the offender's

posted message caused serious physical harm to that premises, that real property,

or any personal property on that premises. (i) Prior to committing the offense, the offender had been determined to represent a

substantial risk of physical harm to others as manifested by evidence of then-recent

homicidal or other violent behavior, evidence of then-recent threats that placed another

in reasonable fear of violent behavior and serious physical harm, or other evidence

of then-present dangerousness. (3) If the victim of the offense is an officer or employee of a public children services

agency or a private child placing agency and the offense relates to the officer's

or employee's performance or anticipated performance of official responsibilities

or duties, menacing by stalking is either a felony of the fifth degree or, if the

offender previously has been convicted of or pleaded guilty to an offense of violence,

the victim of that prior offense was an officer or employee of a public children services

agency or private child placing agency, and that prior offense related to the officer's

or employee's performance or anticipated performance of official responsibilities

or duties, a felony of the fourth degree. (C) Section 2919.271 of the Revised Code applies in relation to a defendant charged with a violation of this section. (D) As used in this section: (1) “ Pattern of conduct ” means two or more actions or incidents closely related in time, whether or not there

has been a prior conviction based on any of those actions or incidents, or two or

more actions or incidents closely related in time, whether or not there has been a

prior conviction based on any of those actions or incidents, directed at one or more

persons employed by or belonging to the same corporation, association, or other organization.  Actions or incidents that prevent, obstruct, or delay the performance by a public

official, firefighter, rescuer, emergency medical services person, or emergency facility

person of any authorized act within the public official's, firefighter's, rescuer's,

emergency medical services person's, or emergency facility person's official capacity,

or the posting of messages, use of intentionally written or verbal graphic gestures,

or receipt of information or data through the use of any form of written communication

or an electronic method of remotely transferring information, including, but not limited

to, a computer, computer network, computer program, computer system, or telecommunications

device, may constitute a “pattern of conduct.” (2) “ Mental distress ” means any of the following: (a) Any mental illness or condition that involves some temporary substantial incapacity; (b) Any mental illness or condition that would normally require psychiatric treatment,

psychological treatment, or other mental health services, whether or not any person

requested or received psychiatric treatment, psychological treatment, or other mental

health services. (3) “Emergency medical services person” is the singular of “emergency medical services

personnel” as defined in section 2133.21 of the Revised Code . (4) “Emergency facility person” is the singular of “emergency facility personnel” as

defined in section 2909.04 of the Revised Code . (5) “Public official” has the same meaning as in section 2921.01 of the Revised Code . (6) “Computer,” “computer network,” “computer program,” “computer system,” and “telecommunications

device” have the same meanings as in section 2913.01 of the Revised Code . (7) “ Post a message ” means transferring, sending, posting, publishing, disseminating, or otherwise communicating,

or attempting to transfer, send, post, publish, disseminate, or otherwise communicate,

any message or information, whether truthful or untruthful, about an individual, and

whether done under one's own name, under the name of another, or while impersonating

another. (8) “ Third person ” means, in relation to conduct as described in division (A)(2) of this section, an

individual who is neither the offender nor the victim of the conduct. (9) “Sexual motivation” has the same meaning as in section 2971.01 of the Revised Code . (10) “ Organization ” includes an entity that is a governmental employer. (11) “ Family or household member ” means any of the following: (a) Any of the following who is residing or has resided with the person against whom

the act prohibited in division (A)(1) of this section is committed: (i) A spouse, a person living as a spouse, or a former spouse of the person; (ii) A parent, a foster parent, or a child of the person, or another person related by

consanguinity or affinity to the person; (iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the

person, or another person related by consanguinity or affinity to a spouse, person

living as a spouse, or former spouse of the person. (b) The natural parent of any child of whom the person against whom the act prohibited

in division (A)(1) of this section is committed is the other natural parent or is

the putative other natural parent. (12) “ Person living as a spouse ” means a person who is living or has lived with the person against whom the act prohibited

in division (A)(1) of this section is committed in a common law marital relationship,

who otherwise is cohabiting with that person, or who otherwise has cohabited with

the person within five years prior to the date of the alleged commission of the act

in question. (E) The state does not need to prove in a prosecution under this section that a person

requested or received psychiatric treatment, psychological treatment, or other mental

health services in order to show that the person was caused mental distress as described

in division (D)(2)(b) of this section. (F)(1) This section does not apply to a person solely because the person provided access

or connection to or from an electronic method of remotely transferring information

not under that person's control, including having provided capabilities that are incidental

to providing access or connection to or from the electronic method of remotely transferring

the information, and that do not include the creation of the content of the material

that is the subject of the access or connection.  In addition, any person providing access or connection to or from an electronic

method of remotely transferring information not under that person's control shall

not be liable for any action voluntarily taken in good faith to block the receipt

or transmission through its service of any information that it believes is, or will

be sent, in violation of this section. (2) Division (F)(1) of this section does not create an affirmative duty for any person

providing access or connection to or from an electronic method of remotely transferring

information not under that person's control to block the receipt or transmission through

its service of any information that it believes is, or will be sent, in violation

of this section except as otherwise provided by law. (3) Division (F)(1) of this section does not apply to a person who conspires with a person

actively involved in the creation or knowing distribution of material in violation

of this section or who knowingly advertises the availability of material of that nature.