Ohio
This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.
ORC Ann. 2903.211.
Menacing by stalking. (2003)
(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 cause mental distress
to the other person.
(2) No person, through the use of any electronic method of remotely
transferring information,
including, but not limited to, any computer, computer network, computer program,
or computer system, shall post a message with purpose to 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:
(3)
(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. 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 or receipt of information or data
through the use of 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.
(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.
ORC Ann. 2903.22. Menacing. (2001)
(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, the other person's
unborn, or a member of the other person's immediate
family.
(B)
Whoever
violates this section is guilty of menacing. Except as otherwise provided in
this division, menacing is a misdemeanor of the fourth degree. 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 is a misdemeanor of the first 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.
ORC Ann. 2903.21.
Aggravated menacing. (2001)
(A)
No
person shall knowingly cause another to believe that the offender will cause
serious physical harm to the person or property of the other person, the other
person's unborn, or a member of the other person's immediate
family.
(B)
Whoever
violates this section is guilty of aggravated menacing.
Except as otherwise provided in this division, aggravated menacing
is a misdemeanor of the first degree. 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, aggravated menacing
is 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.
ORC Ann. 2917.21.
Telecommunications harassment. (1999)
(A)
No
person shall knowingly make or cause to be made a telecommunication, or
knowingly permit a telecommunication to be made from a telecommunications device
under the person's control, to another, if the caller does any of the
following:
(1)
Fails
to identify the caller to the recipient of the telecommunication and makes the
telecommunication with purpose to harass or abuse any person at the premises to
which the telecommunication is made, whether or not actual communication takes
place between the caller and a recipient;
(2)
Describes, suggests, requests, or
proposes that the caller, the recipient of the telecommunication, or any other
person engage in sexual activity, and the recipient or another person at the
premises to which the telecommunication is made has requested, in a previous
telecommunication or in the immediate telecommunication, that the caller not
make a telecommunication to the recipient or to the premises to which the
telecommunication is made;
(3)
During
the telecommunication, violates section
2903.21 of the Revised Code;
(4)
Knowingly states to the recipient
of the telecommunication that the caller intends to cause damage to or destroy
public or private property, and the recipient, any member of the recipient's
family, or any other person who resides at the premises to which the
telecommunication is made owns, leases, resides, or works in, will at the time
of the destruction or damaging be near or in, has the responsibility of
protecting, or insures the property that will be destroyed or
damaged;
(5)
Knowingly makes the
telecommunication to the recipient of the telecommunication, to another person
at the premises to which the telecommunication is made, or to those premises,
and the recipient or another person at those premises previously has told the
caller not to make a telecommunication to those premises or to any persons at
those premises.
(B)
No
person shall make or cause to be made a telecommunication, or permit a
telecommunication to be made from a telecommunications device under the person's
control, with purpose to abuse, threaten, or harass another
person.
(C)
(1) Whoever violates this
section is guilty of telecommunications harassment.
(2) A
violation of division (A)(1), (2), (3), or (5) or (B) of this section is a
misdemeanor of the first degree on
a first offense and a felony of the fifth degree on each subsequent
offense.
(3) Except as otherwise provided in division (C)(3) of this section,
a violation
of division (A)(4) of this section
is a misdemeanor of the first degree on a first offense and a felony of the
fifth degree on each subsequent offense. If a violation of division (A)(4) of
this section results in economic harm of five hundred dollars or more but less
than five thousand dollars, telecommunications harassment
is a felony of the fifth degree. If a violation of division (A)(4) of this
section results in economic harm of five thousand dollars or more but less than
one hundred thousand dollars, telecommunications harassment
is a felony of the fourth degree. If a violation of division (A)(4) of this
section results in economic harm of one hundred thousand dollars or more,
telecommunications harassment
is a felony of the third degree.
(D)
No
cause of action may be asserted in any court of this state against any provider
of a telecommunications service or information service, or against any officer,
employee, or agent of a telecommunication service or information service, for
any injury, death, or loss to person or property that allegedly arises out of
the provider's, officer's, employee's, or agent's provision of information,
facilities, or assistance in accordance with the terms of a court order that is
issued in relation to the investigation or prosecution of an alleged violation
of this section or section
4931.31 of the Revised Code. A provider of a telecommunications
service or information service, or an officer, employee, or agent of a
telecommunications service or information service, is immune from any civil or
criminal liability for injury, death, or loss to person or property that
allegedly arises out of the provider's, officer's, employee's, or agent's
provision of information, facilities, or assistance in accordance with the terms
of a court order that is issued in relation to the investigation or prosecution
of an alleged violation of this section or section
4931.31 of the Revised Code.
(E)
As used
in this section:
(1)
"Economic harm" means all direct,
incidental, and consequential pecuniary harm suffered by a victim as a result of
criminal conduct. "Economic harm" includes, but is not limited to, all of the
following:
(a)
All
wages, salaries, or other compensation lost as a result of the criminal
conduct;
(b)
The
cost of all wages, salaries, or other compensation paid to employees for time
those employees are prevented from working as a result of the criminal
conduct;
(c)
The
overhead costs incurred for the time that a business is shut down as a result of
the criminal conduct;
(d)
The
loss of value to tangible or intangible property that was damaged as a result of
the criminal conduct.
(2)
"Caller" means the person
described in division (A) of this section who makes or causes to be made a
telecommunication or who permits a telecommunication to be made from a
telecommunications device under that person's control.
(3)
"Telecommunication" and
"telecommunications device" have the same meanings as in section
2913.01 of the Revised Code.
(4)
"Sexual
activity" has the same meaning as in section
2907.01 of the Revised Code.
(F)
Nothing
in this section prohibits a person from making a telecommunication to a debtor
that is in compliance with the "Fair Debt Collection Practices Act," 91 Stat.
874 (1977), 15 U.S.C.
1692, as amended, or the "Telephone Consumer Protection Act," 105 Stat.
2395 (1991), 47 U.S.C.
227, as amended.