§ 2303.22. Menacing.  


Latest version.
  • (A)

    No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person or a member of the other person's immediate family. In addition to any other basis for the other person's belief that the offender will cause physical harm to the person or property of the other person or a member of the other person's immediate family, the other person's belief 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.

    (B)

    Whoever violates this section is guilty of menacing, and the court shall sentence the offender as provided in divisions (B)(1) to (3) of this section.

    (1)

    Except as otherwise provided in divisions (B)(2) or (3) of this section, a violation of this section is a misdemeanor of the fourth degree.

    (2)

    Except as otherwise provided in division (B)(3) of this section, 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, a violation of this section is a misdemeanor of the first degree.

    (3)

    If at the time of the commission of the offense, the offender had a firearm or dangerous ordnance on or about the offender's person or under the offender's control, a violation of this section is a misdemeanor of the first degree, with a mandatory minimum jail term of at least sixty (60) consecutive days during which mandatory jail term the defendant shall not be eligible for community control, probation, house arrest, or work release, and up to a $1000 fine.

    (C)

    This section shall not apply to circumstances which, by law, constitute felony violations to be prosecuted under either ORC section 2903.22 or other applicable state law.

    (D)

    Any instrumentality that has been used in a violation of this section shall be seized and is subject to forfeiture pursuant to Chapter 2981 of the Ohio Revised Code.

    (E)

    As used in this section, "organization" includes an entity that is a governmental employer.

(ORC 2903.22; Ord. 2535-94; Ord. No. 1328-2018 , § 5, 5-14-2018)