Chap. 606. General Provisions.
Chap. 608. Administration, Enforcement and Public
Service.
Chap. 612. Alcoholic Beverages.
Chap. 618. Animals.
Chap. 624. Drugs.
Chap. 630. Gambling.
Chap. 636. Offenses Relating to Persons.
Chap. 642. Offenses Relating to Property.
Chap. 648. Peace Disturbances.
Chap. 660. Safety, Sanitation and Health.
Chap. 666. Sex Related Offenses.
Chap. 672. Theft and Fraud.
Chap. 678. Weapons and Explosives.
Chap. 698. Penalties and Sentencing.
Appendix A - Local Regulations
CHAPTER 606
General Provisions
| 606.01 |
Definitions. |
| 606.02 |
Classification of offenses. |
| 606.03 |
Offenses defined. |
| 606.04 |
Rules of construction. |
| 606.05 |
Criminal law jurisdiction. |
| 606.06 |
Limitation on criminal prosecutions. |
| 606.07 |
Requirements for criminal liability; voluntary
intoxication. |
| 606.08 |
Culpable mental states. |
| 606.09 |
Organizational criminal liability. |
| 606.10 |
Personal accountability for organizational
conduct. |
| 606.11 |
Attempts. |
| 606.12 |
Complicity. |
CROSS REFERENCES
See section histories for similar State law
Definition of "imprisoned" see Ohio R.C. 1.05
Statute of limitations for income tax violations see Ohio R.C. 718.06
Burden and degree of proof see Ohio R.C. 2901.05
Venue see Ohio R.C. 2901.12, 2931.29 et seq.
606.01 DEFINITIONS.
For the purpose of this chapter, the
following definitions shall apply unless the context clearly
indicates or requires a different meaning.
|
| (a) |
"Campaign committee,"
"contribution," "legislative campaign fund,"
"political action committee," "political
contributing entity," and "political party." have
the same meanings as in Ohio R.C. 3517.01.
|
| (b) |
"Contraband." Any property
that is illegal for a person to acquire or possess under a
statute, ordinance, or rule, or that a trier of fact lawfully
determines to be illegal to possess by reason of the property's
involvement in an offense. "Contraband" includes, but is
not limited to, all of the following:
|
|
| (1) |
Any controlled substance, as
defined in Ohio R.C. 3719.01, or any device or
paraphernalia related thereto; |
| (2) |
Any unlawful gambling device or
paraphernalia; |
| (3) |
Any dangerous ordnance or
obscene material. |
| (4) |
"Deadly force." Any
force that carries a substantial risk that it will
proximately result in the death of any person.
|
|
| (d) |
"Detention." Arrest;
confinement in any vehicle subsequent to an arrest; confinement in
any public or private facility for custody of persons charged with
or convicted of crime in this State or another State or under the
laws of the United States or alleged or found to be a delinquent
child or unruly child in this State or another state or under the
laws of the United States; hospitalization, institutionalization,
or confinement in any public or private facility that is ordered
pursuant to or under the authority of Ohio R.C. 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401 or 2945.402; confinement in
any vehicle for transportation to or from any facility of any of
those natures; detention for extradition or deportation; except as
provided in this division, supervision by any employee of any
facility of any of those natures that is incidental to
hospitalization, institutionalization, or confinement in the
facility but that occurs outside the facility; supervision by an
employee of the Department of Rehabilitation and Correction of a
person on any type of release from a State correctional
institution; or confinement in any vehicle, airplane, or place
while being returned from outside of this State into this State by
a private person or entity pursuant to a contract entered into
under Ohio R.C. 311.29(E) or Ohio R.C. 5149.03(B). For a person
confined in a county jail who participates in a county jail
industry program pursuant to Ohio R.C. 5147.30,
"detention" includes time spent at an assigned work site
and going to and from the work site.
|
| (e) |
"Detention facility." Any
public or private place used for the confinement of a person
charged with or convicted of any crime in this State or another
state or under the laws of the United States or alleged or found
to be a delinquent child or an unruly child in this State or
another state or under the laws of the United States.
|
| (f) |
"Force." Any violence,
compulsion, or constraint physically exerted by any means upon or
against a person or thing.
|
| (g) |
"Law enforcement officer." Any of
the following:"
|
|
| (1) |
A sheriff, deputy sheriff,
constable, police officer of a township or joint township
police district, marshal, deputy marshal, municipal police
officer, member of a police force employed by a
metropolitan housing authority under Ohio R.C. 3735.31(D)
or State highway patrol trooper. |
| (2) |
An officer, agent, or employee
of the State or any of its agencies, instrumentalities, or
political subdivisions, upon whom, by statute, a duty to
conserve the peace or to enforce all or certain laws is
imposed and the authority to arrest violators is
conferred, within the limits of such statutory duty and
authority. |
| (3) |
The Mayor, in a capacity as
chief conservator of the peace within the Municipality. |
| (4) |
A member of an auxiliary police
force organized by the county, township, or municipal law
enforcement authorities, within the scope of the member's
appointment or commission. |
| (5) |
A person lawfully called
pursuant to Ohio R.C. 311.07 to aid a sheriff in keeping
the peace, for the purposes and during the time when the
person is called. |
| (6) |
A person appointed by a Mayor
pursuant to Ohio R.C. 737.01 as a special patrolling
officer during a riot or emergency, for the purposes and
during the time when the person is appointed. |
| (7) |
A member of the organized
militia of this State or the armed forces of the United
States, lawfully called to duty to aid civil authorities
in keeping the peace or protect against domestic violence. |
| (8) |
A prosecuting attorney,
assistant prosecuting attorney, secret service officer, or
municipal prosecutor. |
| (9) |
A veterans' home police officer
appointed under Ohio R.C. 5907.02. |
| (10) |
A member of a police force
employed by a regional transit authority under Ohio R.C.
306.35(Y). |
| (11) |
A special police officer
employed by a port authority under Ohio R.C. 4582.04 or
4582.28. |
| (12) |
The House of Representatives
Sergeant at Arms if the House of Representatives Sergeant
at Arms has arrest authority pursuant to Ohio R.C.
101.311(E)(1) and an Assistant House of Representatives
Sergeant at Arms. |
| (13) |
A special police officer
employed by a municipal corporation at a municipal
airport, or other municipal air navigation facility, that
has scheduled operations, as defined in 14 C.F.R. 119.3,
as amended, and that is required to be under a security
program and is governed by aviation security rules of the
Transportation Security Administration of the United
States Department of Transportation as provided in 49
C.F.R. Parts 1542 and 1544, as amended.
|
|
| (h) |
"Not guilty by reason of
insanity." A person is "not guilty by reason of
insanity" relative to a charge of an offense only if the
person proves, in the manner specified in Ohio R.C. 2901.05, that
at the time of the commission of the offense, he or she did not
know, as a result of a severe mental disease or defect, the
wrongfulness of his or her acts.
|
| (i) |
"Offense of violence. |
|
| (1) |
A violation of Ohio R.C.
2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12,
2903.13, 2903.15, 2903.21, 2903.211, 2903.22, 2905.01,
2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02,
2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01,
2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04,
2921.34, or 2923.161, division (A)(1), (2) or (3) of Ohio
R.C. 2911.12, or of division (B)(1), (2), (3) or (4) of
Ohio R.C. 2919.22, or felonious sexual penetration in
violation of former Ohio R.C. 2907.12; |
| (2) |
A violation of an existing or
former municipal ordinance or law of this or any other
State or of the United States, substantially equivalent to
any section, division or offense listed in division (1) of
this definition; |
| (3) |
An offense, other than a
traffic offense, under an existing or former municipal
ordinance or law of this or any other State or of the
United States, committed purposely or knowingly, and
involving physical harm to persons or a risk of serious
physical harm to persons; |
| (4) |
A conspiracy or attempt to
commit, or complicity in committing, any offense under
division (1), (2), or (3) of this definition.
|
|
| (j) |
"Official proceeding." Any
proceeding before a legislative, judicial, administrative, or
other governmental agency or official authorized to take evidence
under oath, and includes any proceeding before a referee, hearing
examiner, commissioner, notary, or other person taking testimony
or a deposition in connection with an official proceeding.
|
| (k) |
"Party official." Any person
who holds an elective or appointive post in a political party in
the United States or this State, by virtue of which he or she
directs, conducts, or participates in directing or conducting
party affairs at any level of responsibility.
|
| (l) |
"Person." |
|
| (1) |
| A. |
Subject to division (2)
of this definition, as used in any section
contained in this General Offenses Code that sets
forth a criminal offense, "person"
includes all of the following:
| 1. |
An individual,
corporation, business trust, estate,
trust, partnership and association. |
| 2. |
An unborn human
who is viable. |
|
| B. |
As used in any section
contained in this General Offenses Code that does
not set forth a criminal offense,
"person" includes an individual,
corporation, business trust, estate, partnership
and association. |
| C. |
As used in division
(1)A.2. of this definition, "unborn
human" means an individual organism of the
species Homo sapiens from fertilization until live
birth. "Viable" means the stage of
development of a human fetus at which there is a
realistic probability of maintaining and
nourishing of a life outside the womb with or
without temporary artificial life-sustaining
support.
|
|
| (2) |
Notwithstanding division (1)A.
of this definition, in no case shall the portion of the
definition of the term "person" that is set
forth in division (1)A.2. of this definition be applied or
construed in any section contained in this General
Offenses Code that sets forth a criminal offense in any of
the following manners: |
|
| A. |
Except as otherwise
provided in division (2)A. of this definition, in
a manner so that the offense prohibits or is
construed as prohibiting any pregnant woman or her
physician from performing an abortion with the
consent of the pregnant woman, with the consent of
the pregnant woman implied by law in a medical
emergency, or with the approval of one otherwise
authorized by law to consent to medical treatment
on behalf of the pregnant woman. An abortion that
violates the conditions described in the
immediately preceding sentence may be punished as
a violation of Ohio R.C. 2903.01, 2903.02,
2903.03, 2903.04, 2903.05, 2903.06, 2903.08,
2903.11, 2903.12, 2903.13, 2903.14, 2903.21 or
2903.22, or any substantially equivalent municipal
ordinance, as applicable. An abortion that does
not violate the conditions described in the second
immediately preceding sentence but that does
violate Ohio R.C. 2919.12, 2919.13(B), 2919.151,
2919.17 or 2919.18, or any substantially
equivalent municipal ordinance, may be punished as
a violation of such section, as applicable.
Consent is sufficient under this division if it is
of the type otherwise adequate to permit medical
treatment to the pregnant woman, even if it does
not comply with Ohio R.C. 2919.12. |
| B. |
In a manner so that the
offense is applied or is construed as applying to
a woman based on an act or omission of the woman
that occurs while she is or was pregnant and that
results in any of the following: |
|
| 1. |
Her delivery of
a stillborn baby. |
| 2. |
Her causing, in
any other manner, the death in utero of a
viable, unborn human that she is carrying. |
| 3. |
Her causing the
death of her child who is born alive but
who dies from one or more injuries that
are sustained while the child is a viable,
unborn human. |
| 4. |
Her causing her
child who is born alive to sustain one or
more injuries while the child is a viable,
unborn human. |
| 5. |
Her causing,
threatening to cause, or attempting to
cause, in any other manner, an injury,
illness, or other psychological illness or
condition, regardless of its duration or
gravity, to a viable, unborn human that
she is carrying.
|
|
|
|
| (m) |
"Physical harm to persons."
Any injury, illness, or other physiological impairment, regardless
of its gravity or duration.
|
| (n) |
"Physical harm to property."
Any tangible or intangible damage to property that, in any degree,
results in loss to its value or interferes with its use or
enjoyment. "Physical harm to property" does not include
wear and tear occasioned by normal use.
|
| (o) |
"Privilege." An immunity,
license, or right conferred by law, or bestowed by express or
implied grant, or arising out of status, position, office, or
relationship, or growing out of necessity.
|
| (p) |
| "Property" |
| (1) |
Any property, real or personal,
tangible or intangible, and any interest or license in
that property. AProperty" includes, but is not limited to,
cable television service, other telecommunications
service, telecommunications devices, information service,
computers, data, computer software, financial instruments
associated with computers, other documents associated with
computers, or copies of the documents, whether in machine
or human-readable form, trade secrets, trademarks,
copyrights, patents, and property protected by a
trademark, copyright or patent. AFinancial instruments
associated with computers" include, but are not limited
to, checks, drafts, warrants, money orders, notes of
indebtedness, certificates of deposit, letters of credit,
bills of credit or debit cards, financial transaction
authorization mechanisms, marketable securities, or any
computer system representations of any of them. |
| (2) |
As used in this definition,
"trade secret" has the same meaning as in Ohio
R.C. 1333.61, and "telecommunications service"
and "information service" have the same meanings
as in Ohio R.C. 2913.01. |
| (3) |
As used in this definition and
in the definition of "contraband" in this
section, "cable television service,"
"computer," "computer network,"
"computer software," "computer
system," "data," and
"telecommunications device" have the same
meanings as in Ohio R.C. 2913.01.
|
|
| (q) |
"Provider agreement" and
"medical assistance program." Have the same meanings as
in Ohio R.C. 2913.40.
|
| (r) |
"Public official." Any
elected or appointed officer, employee, or agent of the State or
any political subdivision thereof, whether in a temporary or
permanent capacity, and includes but is not limited to
legislators, judges, and law enforcement officers.
|
| (s) |
"Public servant." Any of the following:
|
|
| (1) |
Any public official. |
| (2) |
Any person performing ad hoc a governmental function, including but
not limited to a juror, member of a temporary commission, master,
arbitrator, advisor, or consultant. |
| (3) |
A person who is a candidate for public office, whether or not he or
she is elected or appointed to the office for which he or she is a
candidate. A person is a candidate for purposes of this division if he or
she has been nominated according to law for election or appointment to
public office, or if he or she has filed a petition or petitions as
required by law to have his or her name placed on the ballot in a primary,
general, or special election, or if he or she campaigns as a write-in
candidate in any primary, general, or special election. |
|
| (t) |
"Risk." A significant possibility, as contrasted with a remote
possibility, that a certain result may occur or that certain circumstances
may exist.
|
| (u) |
"School," "school
building," and "school premises." Have the same
meanings as in Ohio R.C. 2925.01.
|
| (v) |
"School activity." Any activity held under the auspices of a board
of education of a city, local, exempted village, joint vocational, or
cooperative education school district; a governing authority of a
community school established under Ohio R.C. Chapter 3314; a governing
board of an educational service center; or the governing body of a
nonpublic school for which the State Board of Education prescribes minimum
standards under Ohio R.C. 3301.07.
|
| (w) |
"School bus." Has the same meaning as in Ohio R.C. 4511.01.
|
| (x) |
"School safety zone." Consists of a school, school building, school
premises, school activity, and school bus.
|
| (y) |
"Serious physical harm to
persons." Any of the following:
|
|
| (1) |
Any mental illness or condition of such gravity as would normally
require hospitalization or prolonged psychiatric treatment; |
| (2) |
Any physical harm that carries a substantial risk of death; |
| (3) |
Any physical harm that involves some permanent incapacity, whether
partial or total, or that involves some temporary, substantial incapacity; |
| (4) |
Any physical harm that involves some permanent disfigurement, or that
involves some temporary, serious disfigurement; |
| (5) |
Any physical harm that involves acute pain of such duration as to
result in substantial suffering, or that involves any degree of prolonged
or intractable pain.
|
|
| (z) |
"Serious physical harm to
property." Any physical harm to property
that does either of the following:
|
|
| (1) |
Results in substantial loss to the value of the property, or requires
a substantial amount of time, effort, or money to repair or replace; |
| (2) |
Temporarily prevents the use or enjoyment of the property, or
substantially interferes with its use or enjoyment for an extended period
of time.
|
|
| (aa) |
"Substantial risk." A strong possibility, as contrasted with a remote
or significant possibility, that a certain result may occur or that
certain circumstances may exist.
|
| (bb) |
"Valuable thing" or
"valuable benefit." Includes, but is not limited
to, a contribution. This inclusion does not indicate or imply that a
contribution was not included in those terms before September 17, 1986.
(ORC 2901.01, 2921.01)
|
606.02 CLASSIFICATION OF OFFENSES.
As used in this General Offenses Code:
| (a) |
Offenses include misdemeanors of the
first, second, third, and fourth degree, minor misdemeanors, and
offenses not specifically classified.
|
| (b) |
Regardless of the penalty that may be
imposed, any offense specifically classified as a misdemeanor is a
misdemeanor.
|
| (c) |
Any offense not specifically classified
is a misdemeanor if imprisonment for not more than one year may be
imposed as a penalty.
|
| (d) |
Any offense not specifically classified
is a minor misdemeanor if the only penalty that may be imposed is
one of the following:
|
|
| (1) |
For an offense committed prior
to January 1, 2004, a fine not exceeding one hundred
dollars ($100.00); |
| (2) |
For an offense committed on or
after January 1, 2004, a fine not exceeding one hundred
fifty dollars ($150.00), community service under Ohio R.C.
2929.27(C), or a financial sanction other than a fine
under Ohio R.C. 2929.28.
(ORC 2901.02) |
|
606.03 OFFENSES DEFINED.
| (a) |
No conduct constitutes a criminal
offense against the Municipality unless it is defined as an
offense in this General Offenses Code.
|
| (b) |
An offense is defined when one or more
sections of this General Offenses Code state a positive
prohibition or enjoin a specific duty, and provide a penalty for
violation of such prohibition or failure to meet such duty.
|
| (c) |
This section does not affect the power
of a court to punish for contempt or to employ any sanction
authorized by law to enforce an order, civil judgment or decree.
(ORC 2901.03)
|
606.04 RULES OF CONSTRUCTION.
| (a) |
Except as otherwise provided in
division (c) or (d) of this section, sections of this General
Offenses Code defining offenses or penalties shall be strictly
construed against the Municipality and liberally construed in
favor of the accused.
|
| (b) |
Rules of criminal procedure and
sections of this General Offenses Code providing for criminal
procedure shall be construed so as to effect the fair, impartial,
speedy, and sure administration of justice.
|
| (c) |
Any provision of a section of this
General Offenses Code that refers to a previous conviction of or
plea of guilty to a violation of a section of this General
Offenses Code, the Ohio Revised Code or a division of a section of
this General Offenses Code or the Ohio Revised Code shall be
construed to also refer to a previous conviction of or plea of
guilty to a substantially equivalent offense under an existing or
former law of this Municipality, State, another State, or the
United States or under an existing or former municipal ordinance.
|
| (d) |
Any provision of this Code that refers
to a section, or to a division of a section, of this Code that
defines or specifies a criminal offense shall be construed to also
refer to an existing or former law of this State, another state,
or the United States, to an existing or former municipal
ordinance, or to an existing or former division of any such
existing or former law or ordinance that defines or specifies, or
that defined or specified, a substantially equivalent offense.
(ORC 2901.04) |
606.05 CRIMINAL LAW JURISDICTION.
| (a) |
A person is subject to criminal
prosecution and punishment in this Municipality if any of the
following occur:
|
|
| (1) |
The person commits an offense
under the laws of this Municipality, any element of which
takes place in this Municipality; |
| (2) |
While in this Municipality, the
person attempts to commit, or is guilty of complicity in
the commission of, an offense in another jurisdiction,
which offense is an offense under both the laws of this
Municipality and the other jurisdiction, or, while in this
Municipality, the person conspires to commit an offense in
another jurisdiction, which offense is an offense under
both the laws of this Municipality and the other
jurisdiction, and a substantial overt act in furtherance
of the conspiracy is undertaken in this Municipality by
the person or another person involved in the conspiracy,
subsequent to the person's entrance into the conspiracy.
In any case in which a person attempts to commit, is
guilty of complicity in the commission of, or conspires to
commit an offense in another jurisdiction as described in
this division, the person is subject to criminal
prosecution and punishment in this Municipality for the
attempt, complicity, or conspiracy, and for any resulting
offense that is committed or completed in the other
jurisdiction; |
| (3) |
While out of this Municipality,
the person conspires or attempts to commit, or is guilty
of complicity in the commission of, an offense in this
Municipality; |
| (4) |
While out of this Municipality,
the person omits to perform a legal duty imposed by the
laws of this Municipality, which omission affects a
legitimate interest of the Municipality in protecting,
governing or regulating any person, property, thing,
transaction, or activity in this Municipality; |
| (5) |
While out of this Municipality,
the person unlawfully takes or retains property and
subsequently brings any of the unlawfully taken or
retained property into this Municipality; |
| (6) |
While out of this Municipality,
the person unlawfully takes or entices another person and
subsequently brings the other person into this
Municipality; |
| (7) |
The person, by means of a
computer, computer system, computer network,
telecommunication, telecommunications device,
telecommunications service, or information service, causes
or knowingly permits any writing, data, image or other
telecommunication to be disseminated or transmitted into
this Municipality in violation of the law of this State or
Municipality.
|
|
| (b) |
In homicide, the element referred to in
division (a)(1) of this section includes the act that causes
death, the physical contact that causes death, the death itself,
or any other element that is set forth in the offense in question.
If any part of the body of a homicide victim is found in this
Municipality, the death is presumed to have occurred within this
Municipality.
|
| (c) |
| (1) |
This Municipality includes the
land and water within its boundaries and the air space
above that land and water, with respect to which this
Municipality has either exclusive or concurrent
legislative jurisdiction. Where the boundary between this
Municipality and another jurisdiction is disputed, the
disputed territory is conclusively presumed to be within
this Municipality for purposes of this section.
|
| (2) |
The courts of common pleas of
Adams, Athens, Belmont, Brown, Clermont, Columbiana,
Gallia, Hamilton, Jefferson, Lawrence, Meigs, Monroe,
Scioto, and Washington counties have jurisdiction beyond
the north or northwest shore of the Ohio River extending
to the opposite shore line, between the extended boundary
lines of any adjacent counties or adjacent state. Each of
those courts of common pleas has concurrent jurisdiction
on the Ohio River with any adjacent court of common pleas
that borders on that river and with any court of Kentucky
or of West Virginia that borders on the Ohio River and
that has jurisdiction on the Ohio River under the law of
Kentucky or the law of West Virginia, whichever is
applicable, or under Federal law.
|
|
| (d) |
When an offense is committed under the
laws of this Municipality, and it appears beyond a reasonable
doubt that the offense or any element of the offense took place
either in this Municipality or in another jurisdiction or
jurisdictions, but it cannot reasonably be determined in which it
took place, the offense or element is conclusively presumed to
have taken place in this Municipality for purposes of this
section.
|
| (e) |
When a person is subject to criminal
prosecution and punishment in this Municipality for an offense
committed or completed outside this Municipality, the person is
subject to all specifications for that offense that would be
applicable if the offense had been committed within this
Municipality.
|
| (f) |
Any act, conduct, or element that is a
basis of a person being subject under this section to criminal
prosecution and punishment in this Municipality need not be
committed personally by the person as long as it is committed by
another person who is in complicity or conspiracy with the person.
|
| (g) |
This section shall be liberally
construed, consistent with constitutional limitations, to allow
this Municipality the broadest possible jurisdiction over offenses
and persons committing offenses in, or affecting, this
Municipality.
|
| (h) |
For purposes of division (a)(2) of this
section, an overt act is substantial when it is of a character
that manifests a purpose on the part of the actor that the object
of the conspiracy should be completed.
|
| (i) |
As used in this section,
"computer," "computer system," "computer
network," "information service,"
"telecommunication," "telecommunications
device," "telecommunications service,"
"data" and "writing" have the same meanings as
in Ohio R.C. 2913.01.
(ORC 2901.11)
|
606.06 LIMITATION ON CRIMINAL
PROSECUTIONS.
| (a) |
| (1) |
Except as provided in division
(a)(2) or (a)(3) of this section or as otherwise provided
in this section, a prosecution shall be barred unless it
is commenced within the following periods after an offense
is committed:
|
|
| A. |
For a felony, six
years; |
| B. |
For a misdemeanor other
than a minor misdemeanor, two years; |
| C. |
For a minor
misdemeanor, six months.
|
|
| (2) |
There is no period of
limitation for the prosecution of a violation of Ohio R.C.
2903.01 or Ohio R.C. 2903.02. |
| (3) |
Except as otherwise provided in
divisions (b) to (h) of this section, a prosecution of any
of the following offenses shall be barred unless it is
commenced within 20 years after the offense is committed:
|
|
| A. |
A violation of Ohio
R.C. 2903.03, 2903.04, 2905.01, 2907.02, 2907.03,
2907.04, 2907.05, 2907.21, 2909.02, 2909.22,
2909.23, 2909.24, 2909.26, 2909.27, 2909.28,
2909.29, 2911.01, 2911.02, 2911.11, 2911.12, or
2917.02, a violation of Ohio R.C. 2903.11 or
2903.12 if the victim is a peace officer, a
violation of Ohio R.C. 2903.13 that is a felony,
or a violation of former Ohio R.C. 2907.12. |
| B. |
A conspiracy to commit,
attempt to commit, or complicity in committing a
violation set forth in division (a)(3)A. of this
section.
|
|
|
| (b) |
| (1) |
Except as otherwise provided in
division (b)(2) of this section, if the period of
limitation provided in division (a)(1) or (a)(3) of this
section has expired, prosecution shall be commenced for an
offense of which an element is fraud or breach of
fiduciary duty within one year after discovery of the
offense either by an aggrieved person or by the aggrieved
person's legal representative who is not a party to the
offense. |
| (2) |
If the period of limitation
provided in division (a)(1) or (a)(3) of this section has
expired, prosecution for a violation of Ohio R.C. 2913.49
shall be commenced within five years after discovery of
the offense either by an aggrieved person or the aggrieved
person's legal representative who is not a party to the
offense.
|
|
| (c) |
| (1) |
If the period of limitation
provided in division (a)(1) or (a)(3) of this section has
expired, prosecution shall be commenced for the following
offenses during the following specified periods of time:
A. For an offense involving misconduct in office by a
public servant at any time while the accused remains a
public servant, or within two years thereafter; B. For an
offense by a person who is not a public servant but whose
offense is directly related to the misconduct in office of
a public servant, at any time while that public servant
remains a public servant, or within two years
thereafter. |
| (2) |
As used in this division:
|
|
| A. |
The phrase
"offense is directly related to the
misconduct in office of a public servant"
includes, but is not limited to, a violation of
Ohio R.C. 101.71, 101.91, 121.61 or 2921.13,
102.03(F) or (H), 2921.02(A), 2921.43(A) or (B),
or 3517.13(F) or (G), that is directly related to
an offense involving misconduct in office of a
public servant, or a violation of any municipal
ordinance substantially equivalent to those Ohio
Revised Code sections listed in this division
(c)(2)A |
| B. |
"Public
servant" has the same meaning as in Ohio R.C.
2921.01. |
|
|
|
|
| (d) |
An offense is committed when every
element of the offense occurs. In the case of an offense of which
an element is a continuing course of conduct, the period of
limitation does not begin to run until such course of conduct or
the accused's accountability for it terminates, whichever occurs
first.
|
| (e) |
A prosecution is commenced on the date
an indictment is returned or an information filed, or on the date
a lawful arrest without a warrant is made, or on the date a
warrant, summons, citation, or other process is issued, whichever
occurs first. A prosecution is not commenced by the return of an
indictment or the filing of an information unless reasonable
diligence is exercised to issue and execute process on the same. A
prosecution is not commenced upon issuance of a warrant, summons,
citation, or other process unless reasonable diligence is
exercised to execute the same.
|
| (f) |
The period of limitation shall not run
during any time when the corpus delicti remains undiscovered.
|
| (g) |
The period of limitation shall not run
during any time when the accused purposely avoids prosecution.
Proof that the accused departed this Municipality or conceals the
accused's identity or whereabouts is prima facie evidence of the
accused's purpose to avoid prosecution
|
| (h) |
The period of limitation shall not run
during any time a prosecution against the accused based on the
same conduct is pending in this State, even though the indictment,
information, or process that commenced the prosecution is quashed
or the proceedings on the indictment, information, or process are
set aside or reversed on appeal.
|
| (i) |
The period of limitation for a
violation of this Part 6 or Title XXIX of the Ohio Revised Code
that involves a physical or mental wound, injury, disability, or
condition of a nature that reasonably indicates abuse or neglect
of a child under 18 years of age or of a mentally retarded,
developmentally disabled, or physically impaired child under 21
years of age shall not begin to run until either of the following
occurs: (1) The victim of the offense reaches the age of majority.
(2) A public children services agency, or a municipal or county
peace officer that is not the parent or guardian of the child, in
the county in which the child resides or in which the abuse or
neglect is occurring or has occurred has been notified that abuse
or neglect is known, suspected, or believed to have occurred.
|
| (j) |
As used in this section, "peace
officer" has the same meaning as in Ohio R.C. 2935.01. (ORC
2901.13)
|
606.07 REQUIREMENTS FOR CRIMINAL LIABILITY;
VOLUNTARY INTOXICATION.
| (a) |
Except as provided in division (b) of
this section, a person is not guilty of an offense unless both of
the following apply:
|
|
| (1) |
The person's liability is based
on conduct that includes either a voluntary act, or an
omission to perform an act or duty that the person is
capable of performing; |
| (2) |
The person has the requisite
degree of culpability for each element as to which a
culpable mental state is specified by the section defining
the offense
|
|
| (b) |
When the section defining an offense
does not specify any degree of culpability, and plainly indicates
a purpose to impose strict criminal liability for the conduct
described in the section, then culpability is not required for a
person to be guilty of the offense. When the section neither
specifies culpability nor plainly indicates a purpose to impose
strict liability, recklessness is sufficient culpability to commit
the offense.
|
| (c) |
Voluntary intoxication may not be taken
into consideration in determining the existence of a mental state
that is an element of a criminal offense. Voluntary intoxication
does not relieve a person of a duty to act if failure to act
constitutes a criminal offense. Evidence that a person was
voluntarily intoxicated may be admissible to show whether or not
the person was physically capable of performing the act with which
the person is charged.
|
| (d) |
As used in this section:
|
|
| (1) |
"Culpability."
Purpose, knowledge, recklessness, or negligence, as
defined in Ohio R.C. 2901.22. |
| (2) |
"Intoxication."
Includes but is not limited to intoxication resulting from
the ingestion of alcohol, a drug, or alcohol and a drug. |
| (3) |
"Involuntary acts."
Reflexes, convulsions, body movements during
unconsciousness or sleep, and body movements that are not
otherwise a product of the actor's volition are
involuntary acts. |
| (4) |
"Possession." A
voluntary act if the possessor knowingly procured or
received the thing possessed, or was aware of the
possessor's control of the thing possessed for a
sufficient time to have ended possession. (ORC 2901.21) |
|
|
|
606.08 CULPABLE MENTAL STATES.
| (a) |
A person acts purposely when it is his
or her specific intention to cause a certain result, or, when the
gist of the offense is a prohibition against conduct of a certain
nature, regardless of what the offender intends to accomplish
thereby, it is his or her specific intention to engage in conduct
of that nature.
|
| (b) |
A person acts knowingly, regardless of
his or her purpose, when he or she is aware that his or her
conduct will probably cause a certain result or will probably be
of a certain nature. A person has knowledge of circumstances when
he or she is aware that such circumstances probably exist.
|
| (c) |
A person acts recklessly when, with
heedless indifference to the consequences, he or she perversely
disregards a known risk that his or her conduct is likely to cause
a certain result or is likely to be of a certain nature. A person
is reckless with respect to circumstances when, with heedless
indifference to the consequences, he or she perversely disregards
a known risk that such circumstances are likely to exist.
|
| (d) |
A person acts negligently when, because
of a substantial lapse from due care, he or she fails to perceive
or avoid a risk that his or her conduct may cause a certain result
or may be of a certain nature. A person is negligent with respect
to circumstances when, because of a substantial lapse from due
care, he or she fails to perceive or avoid a risk that such
circumstances may exist.
|
| (e) |
When the section defining an offense
provides that negligence suffices to establish an element thereof,
then recklessness, knowledge, or purpose is also sufficient
culpability for such element. When recklessness suffices to
establish an element of an offense, then knowledge or purpose is
also sufficient culpability for such element. When knowledge
suffices to establish an element of an offense, then purpose is
also sufficient culpability for such element. (ORC 2901.22)
|
606.09 ORGANIZATIONAL CRIMINAL LIABILITY.
| (a) |
An organization may be convicted of an
offense under any of the following circumstances:
|
|
| (1) |
The offense is a minor
misdemeanor committed by an officer, agent, or employee of
the organization acting in its behalf and within the scope
of his or her office or employment, except that if the
section defining the offense designates the officers,
agents, or employees for whose conduct the organization is
accountable or the circumstances under which it is
accountable, such provisions shall apply. |
| (2) |
A purpose to impose
organizational liability plainly appears in the section
defining the offense, and the offense is committed by an
officer, agent, or employee of the organization acting in
its behalf and within the scope of his or her office or
employment, except that if the section defining the
offense designates the officers, agents, or employees for
whose conduct the organization is accountable or the
circumstances under which it is accountable, such
provisions shall apply. |
| (3) |
The offense consists of an
omission to discharge a specific duty imposed by law on
the organization. |
| (4) |
If, acting with the kind of
culpability otherwise required for the commission of the
offense, its commission was authorized, requested,
commanded, tolerated, or performed by the board of
directors, trustees, partners, or by a high managerial
officer, agent, or employee acting in behalf of the
organization and within the scope of his or her office or
employment.
|
|
| (b) |
When strict liability is imposed for
the commission of an offense, a purpose to impose organizational
liability shall be presumed, unless the contrary plainly appears.
|
| (c) |
In a prosecution of an organization for
an offense other than one for which strict liability is imposed,
it is a defense that the high managerial officer, agent, or
employee having supervisory responsibility over the subject matter
of the offense exercised due diligence to prevent its commission.
This defense is not available if it plainly appears inconsistent
with the purpose of the section defining the offense.
|
| (d) |
As used in this section,
"organization" means a corporation for profit or not for
profit, partnership, limited partnership, joint venture,
unincorporated association, estate, trust, or other commercial or
legal entity. "Organization" does not include an entity
organized as or by a governmental agency for the execution of a
governmental program. (ORC 2901.23)
|
606.10 PERSONAL ACCOUNTABILITY FOR
ORGANIZATIONAL CONDUCT.
| (a) |
An officer, agent, or employee of an
organization, as defined in Ohio R.C. 2901.23, may be prosecuted
for an offense committed by such organization, if he or she acts
with the kind of culpability required for the commission of the
offense, and any of the following apply:
|
|
| (1) |
In the name of the organization
or in its behalf, he or she engages in conduct
constituting the offense, or causes another to engage in
such conduct, or tolerates such conduct when it is of a
type for which he or she has direct responsibility; |
| (2) |
He or she has primary
responsibility to discharge a duty imposed on the
organization by law, and such duty is not discharged. |
|
|
|
| (b) |
When a person is convicted of an
offense by reason of this section, he or she is subject to the
same penalty as if he or she had acted in his or her own behalf. (ORC
2901.24) |
606.11 ATTEMPTS.
| (a) |
No person, purposely or knowingly, and
when purpose or knowledge is sufficient culpability for the
commission of an offense, shall engage in conduct that, if
successful, would constitute or result in the offense.
|
| (b) |
It is no defense to a charge under this
section that, in retrospect, commission of the offense that was
the object of the attempt was either factually or legally
impossible under the attendant circumstances, if that offense
could have been committed had the attendant circumstances been as
the actor believed them to be.
|
| (c) |
No person who is convicted of
committing a specific offense, of complicity in the commission of
an offense, or of conspiracy to commit an offense, shall be
convicted of an attempt to commit the same offense in violation of
this section.
|
| (d) |
It is an affirmative defense to a
charge under this section that the actor abandoned his or her
effort to commit the offense or otherwise prevented its
commission, under circumstances manifesting a complete and
voluntary renunciation of his or her criminal purpose.
|
| (e) |
| (1) |
Whoever violates this section
is guilty of an attempt to commit an offense. An attempt
to commit aggravated murder, murder, or an offense for
which the maximum penalty is imprisonment for life is a
felony of the first degree, to be prosecuted under
appropriate State law. An attempt to commit a drug abuse
offense for which the penalty is determined by the amount
or number of unit doses of the controlled substance
involved in the drug abuse offense is an offense of the
same degree as the drug abuse offense attempted would be
if that drug abuse offense had been committed and had
involved an amount or number of unit doses of the
controlled substance that is within the next lower range
of controlled substance amounts than was involved in the
attempt. An attempt to commit any other offense is an
offense of the next lesser degree than the offense
attempted. In the case of an attempt to commit an offense
other than a violation of Ohio R.C. Chapter 3734 that is
not specifically classified, an attempt is a misdemeanor
of the first degree if the offense attempted is a felony,
and a misdemeanor of the fourth degree if the offense
attempted is a misdemeanor. In the case of an attempt to
commit a violation of any provision of Ohio R.C. Chapter
3734, other than Ohio R.C. 3734.18, that relates to
hazardous wastes, an attempt is a felony to be prosecuted
under appropriate State law. An attempt to commit a minor
misdemeanor, or to engage in conspiracy, is not an offense
under this section |
| (2) |
In addition to any other
sanctions imposed pursuant to division (e)(1) of this
section for an attempt to commit aggravated murder or
murder in violation of division (a) of this section, if
the offender used a motor vehicle as the means to attempt
to commit the offense, 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 Ohio R.C.
4510.02(A)(2). |
| (3) |
If a person is convicted of or
pleads guilty to attempted rape and also is convicted of
or pleads guilty to a specification of the type described
in Ohio R.C. 2941.1418, 2941.1419, or 2941.1420, the
offender shall be sentenced to a prison term or term of
life imprisonment pursuant to Ohio R.C. 2971.03. |
|
|
|
| (f) |
As used in this section:
|
|
| (1) |
"Drug abuse offense"
has the same meaning as in Ohio R.C. 2925.01. |
| (2) |
"Motor vehicle" has
the same meaning as in Ohio R.C. 4501.01. (ORC 2923.02) |
|
606.12 COMPLICITY.
| (a) |
No person, acting with the kind of
culpability required for the commission of an offense, shall do
any of the following:
|
|
| (1) |
Solicit or procure another to
commit the offense; |
| (2) |
Aid or abet another in
committing the offense; |
| (3) |
Conspire with another to commit
the offense in violation of Ohio R.C. 2923.01; |
| (4) |
Cause an innocent or
irresponsible person to commit the offense.
|
|
| (b) |
It is no defense to a charge under this
section that no person with whom the accused was in complicity has
been convicted as a principal offender.
|
| (c) |
No person shall be convicted of
complicity under this section unless an offense is actually
committed, but a person may be convicted of complicity in an
attempt to commit an offense in violation of Ohio R.C. 2923.02 or
a substantially equivalent municipal ordinance.
|
| (d) |
If an alleged accomplice of the
defendant testifies against the defendant in a case in which the
defendant is charged with complicity in the commission of or an
attempt to commit an offense, an attempt to commit an offense, or
an offense, the court shall charge the jury in accordance with
Ohio R.C. 2923.03(D).
|
| (e) |
It is an affirmative defense to a
charge under this section that, prior to the commission of or
attempt to commit the offense, the actor terminated his or her
complicity, under circumstances manifesting a complete and
voluntary renunciation of his or her criminal purpose.
|
| (f) |
Whoever violates this section is guilty
of complicity in the commission of an offense, and shall be
prosecuted and punished as if he or she were a principal offender.
A charge of complicity may be stated in terms of this section, or
in terms of the principal offense.
(ORC 2923.03)
|
CHAPTER 608
Administration, Enforcement and Public Service
608.01 Falsification.
608.02 False report of child abuse or neglect.
608.03 Compounding a crime.
608.04 Failure to report a crime or death.
608.05 Failure to aid a law enforcement officer.
608.06 Obstructing official business.
608.07 Obstructing justice.
608.08 Resisting arrest.
608.09 Compliance with lawful order of police
officer; fleeing.
608.10 Having an unlawful interest in a public
contract.
608.11 Soliciting or receiving improper
compensation.
608.12 Dereliction of duty.
608.13 Interfering with civil rights.
608.14 Impersonating an officer.
608.145 Using sham legal process.
608.15 Display of law enforcement agency emblem.
608.16 Disposition of unclaimed or forfeited
property held by Police Department.
608.17 Detention of shoplifters and those committing
motion picture piracy; protection of institutional property.
608.18 Failure to disclose personal information.
608.19 Misuse of 9-1-1 system.
CROSS REFERENCES
Arrest without warrant for misdemeanor see Ohio R.C. 2935.03
Procedure on affidavit or complaint; withdrawal of unexecuted warrants see
Ohio R.C. 2935.10
Right of trial by jury see Ohio R.C. 2945.17
Time within which hearing or trial must be held see Ohio R.C. 2945.71
Extension of time for hearing or trial see Ohio R.C. 2945.72
Discharge for delay in trial see Ohio R.C. 2945.73
Degree of offense; charge and verdict; prior conviction see Ohio R.C.
2945.75
Satisfaction of fine; credit for time served see Ohio R.C. 2947.14
Registration of sex offenders in cities and counties see Ohio R.C. 2950.01
et seq.
Criteria for probation; conditions of probation see Ohio R.C. 2951.02
Treatment of drug dependent persons in lieu of conviction see Ohio R.C.
2951.041
Registration of dogs see GEN. OFF. 618.08
Rabies quarantine see GEN. OFF. 618.11
Justifiable use of force to suppress riot see GEN. OFF. 648.03
Misconduct at an emergency see GEN. OFF. 648.06
Making false alarms see GEN. OFF. 648.08
Rules of evidence in sex related offenses see GEN. OFF. 666.10
Declaratory judgment in sex related offenses see GEN. OFF. 666.17
Injunction and abatement of nuisance in sex related offenses see GEN. OFF.
666.18
License or permit to possess dangerous ordnance see GEN. OFF. 678.05
Penalties and sentencing see GEN. OFF. Ch. 698
608.01 FALSIFICATION.
| (a) |
No person shall knowingly make a false
statement, or knowingly swear or affirm the truth of a false
statement previously made, when any of the following applies:
|
|
| (1) |
The statement is made in any
official proceeding. |
| (2) |
The statement is made with
purpose to incriminate another. |
| (3) |
The statement is made with
purpose to mislead a public official in performing his or
her official function. |
| (4) |
The statement is made with
purpose to secure the payment of unemployment
compensation; Ohio Works First; prevention, retention and
contingency benefits and services; disability financial
assistance; retirement benefits; economic development
assistance as defined in Ohio R.C. 9.66; or other benefits
administered by a governmental agency or paid out of a
public treasury. |
| (5) |
The statement is made with
purpose to secure the issuance by a governmental agency of
a license, permit, authorization, certificate,
registration, release, or provider agreement. |
| (6) |
The statement is sworn or
affirmed before a notary public or another person
empowered to administer oaths. |
| (7) |
The statement is in writing on
or in connection with a report or return that is required
or authorized by law. |
| (8) |
The statement is in writing,
and is made with purpose to induce another to extend
credit to or employ the offender, or to confer any degree,
diploma, certificate of attainment, award of excellence,
or honor on the offender, or to extend to or bestow upon
the offender any other valuable benefit or distinction,
when the person to whom the statement is directed relies
upon it to his or her detriment. |
| (9) |
The statement is made with
purpose to commit or facilitate the commission of a theft
offense. |
| (10) |
The statement is knowingly made
to a probate court in connection with any action,
proceeding, or other matter within its jurisdiction,
either orally or in a written document, including, but not
limited to, an application, petition, complaint, or other
pleading, or an inventory, account, or report. |
| (11) |
The statement is made on an
account, form, record, stamp, label or other writing that
is required by law. |
| (12) |
The statement is made in
connection with the purchase of a firearm, as defined in
Ohio R.C. 2923.11, and in conjunction with the furnishing
to the seller of the firearm of a fictitious or altered
driver's or commercial driver's license or permit, a
fictitious or altered identification card, or any other
document that contains false information about the
purchaser's identity. |
| (13) |
The statement is made in a
document or instrument of writing that purports to be a
judgment, lien, or claim of indebtedness and is filed or
recorded with the Secretary of State, a county recorder,
or the clerk of a court of record. |
| (14) |
The statement is made with
purpose to obtain an Ohio's best Rx program enrollment
card under Ohio R.C. 173.773 or payment under Ohio R.C.
173.801. |
| (15) |
The statement is made in an
application filed with a county sheriff pursuant to Ohio
R.C. 2923.125 in order to obtain or renew a license to
carry a concealed handgun or is made in an affidavit
submitted to a county sheriff to obtain a temporary
emergency license to carry a concealed handgun under Ohio
R.C. 2923.1213. |
| (16) |
The statement is required under
Ohio R.C. 5743.72 in connection with the person's purchase
of cigarettes or tobacco products in a delivery sale.
|
|
| (b) |
No person, in connection with the
purchase of a firearm as defined in Ohio R.C. 2923.11, shall
knowingly furnish to the seller of the firearm a fictitious or
altered driver's or commercial driver's license or permit, a
fictitious or altered identification card, or any other document
that contains false information about the purchaser's identity.
|
| (c) |
No person, in an attempt to obtain a
license to carry a concealed handgun under Ohio R.C. 2923.125,
shall knowingly present to a sheriff a fictitious or altered
document that purports to be certification of the person's
competence in handling a handgun as described in Ohio R.C.
2923.125(B)(3).
|
| (d) |
It is no defense to a charge under
division (a)(6) of this section that the oath or affirmation was
administered or taken in an irregular manner.
|
| (e) |
If contradictory statements relating to
the same fact are made by the offender within the period of the
statute of limitations for falsification, it is not necessary for
the prosecution to prove which statement was false, but only that
one or the other was false.
|
| (f) |
| (1) |
Whoever violates division
(a)(1), (2), (3), (4), (5), (6), (7), (8), (10), (11),
(13), (14) or (16) of this section is guilty of
falsification, a misdemeanor of the first degree. |
| (2) |
Whoever violates division
(a)(9) of this section is guilty of falsification in a
theft offense. Except as otherwise provided in this
division, falsification in a theft offense is a
misdemeanor of the first degree. If the value of the
property or services stolen is five hundred dollars
($500.00) or more, falsification in a theft offense is a
felony to be prosecuted under appropriate State law. |
| (3) |
Whoever violates division
(a)(12) or (b) of this section is guilty of falsification
to purchase a firearm, a felony to be prosecuted under
appropriate State law. |
| (4) |
Whoever violates division
(a)(15) or (c) of this section is guilty of falsification
to obtain a concealed handgun license, a felony to be
prosecuted under appropriate State law.
(ORC 2921.13)
|
|
| (g) |
| (1) |
No person who has knowingly
failed to maintain proof of financial responsibility in
accordance with Ohio R.C. 4509.101 shall produce any
document with the purpose to mislead a peace officer upon
the request of a peace officer for proof of financial
responsibility made in accordance with Ohio R.C.
4509.101(D)(2). |
| (2) |
Whoever violates this division
(g) is guilty of falsification, a misdemeanor of the first
degree.
(ORC 4509.102)
|
|
608.02 FALSE REPORT OF CHILD ABUSE OR NEGLECT.
| (a) |
No person shall knowingly make or cause
another person to make a false report under Ohio R.C. 2151.421(B)
alleging that any person has committed an act or omission that
resulted in a child being an abused child as defined in Ohio R.C.
2151.031 or a neglected child as defined in Ohio R.C. 2151.03.
|
| (b) |
Whoever violates this section is guilty
of making or causing a false report of child abuse or child
neglect, a misdemeanor of the first degree.
(ORC 2921.14) |
608.03 COMPOUNDING A CRIME.
| (a) |
No person shall knowingly demand,
accept, or agree to accept anything of value in consideration of
abandoning or agreeing to abandon a pending criminal prosecution.
|
| (b) |
It is an affirmative defense to a
charge under this section when both of the following apply:
|
|
| (1) |
The pending prosecution
involved is for a violation of Ohio R.C. 2913.02, 2913.11,
2913.21(B)(2), or 2913.47, or a substantially equivalent
municipal ordinance, of which the actor under this section
was the victim. |
| (2) |
The thing of value demanded,
accepted, or agreed to be accepted, in consideration of
abandoning or agreeing to abandon the prosecution, did not
exceed an amount that the actor reasonably believed due
him or her as restitution for the loss caused him or her
by the offense.
|
|
| (c) |
When a prosecuting witness abandons or
agrees to abandon a prosecution under division (b) of this
section, the abandonment or agreement in no way binds the State to
abandoning the prosecution.
|
| (d) |
Whoever violates this section is guilty
of compounding a crime, a misdemeanor of the first degree.
(ORC 2921.21) |
608.04 FAILURE TO REPORT A CRIME OR DEATH.
| (a) |
No person, knowing that a felony has
been or is being committed, shall knowingly fail to report the
information to law enforcement authorities.
|
| (b) |
Except for conditions that are within
the scope of division (e) of this section, no person who is a
physician, limited practitioner, nurse, or other person giving aid
to a sick or injured person shall negligently fail to report to
law enforcement authorities any gunshot or stab wound that the
person treated or observed, or any serious physical harm to other
persons that the person knows or has reasonable cause to believe
resulted from an offense of violence.
|
| (c) |
No person who discovers a body or
acquires the first knowledge of the death of a person shall fail
to report the death immediately to a physician whom the person
knows to be treating the deceased for a condition from which death
at that time would not be unexpected, or to a law enforcement
officer, ambulance service, emergency squad, or the coroner in a
political subdivision in which the body is discovered, the death
is believed to have occurred, or knowledge concerning the death is
obtained.
|
| (d) |
No person shall fail to provide upon
request of the person to whom a report required by division (c) of
this section was made, or to any law enforcement officer who has
reasonable cause to assert the authority to investigate the
circumstances surrounding the death, any facts within his or her
knowledge that may have a bearing on the investigation of the
death.
|
| (e) |
| (1) |
As used in this section,
"burn injury" means any of the following: |
|
| A. |
Second or third degree
burns; |
| B. |
Any burns to the upper
respiratory tract or laryngeal edema due to the
inhalation of super-heated air; |
| C. |
Any burn injury or
wound that may result in death. |
|
| (2) |
No physician, nurse, or limited
practitioner who, outside a hospital, sanitarium, or other
medical facility, attends or treats a person who has
sustained a burn injury inflicted by an explosion or other
incendiary device, or that shows evidence of having been
inflicted in a violent, malicious, or criminal manner,
shall fail to report the burn injury immediately to the
local arson bureau, if there is such a bureau in the
jurisdiction in which the person is attended or treated,
or otherwise to local law enforcement authorities. |
| (3) |
No manager, superintendent, or
other person in charge of a hospital, sanitarium, or other
medical facility in which a person is attended or treated
for any burn injury inflicted by an explosion or other
incendiary device, or that shows evidence of having been
inflicted in a violent, malicious, or criminal manner,
shall fail to report the burn injury immediately to the
local arson bureau, if there is such a bureau in the
jurisdiction in which the person is attended or treated,
or otherwise to local law enforcement authorities. |
| (4) |
No person who is required to
report any burn injury under division (e)(2) or (3) of
this section shall fail to file, within three working days
after attending or treating the victim, a written report
of the burn injury with the office of the State Fire
Marshal. The report shall be made on a form provided by
the State Fire Marshal. |
| (5) |
Anyone participating in the
making of reports under division (e) of this section or
anyone participating in a judicial proceeding resulting
from the reports is immune from any civil or criminal
liability that otherwise might be incurred or imposed as a
result of such actions. Notwithstanding Ohio R.C. 4731.22,
the physician-patient relationship is not a ground for
excluding evidence regarding a person's burn injury or the
cause of the burn injury in any judicial proceeding
resulting from a report submitted pursuant to division (e)
of this section.
|
|
| (f) |
| (1) |
Any doctor of medicine or
osteopathic medicine, hospital intern or resident,
registered or licensed practical nurse, psychologist,
social worker, independent social worker, social work
assistant, professional clinical counselor, or
professional counselor who knows or has reasonable cause
to believe that a patient or client has been the victim of
domestic violence as defined in Ohio R.C. 3113.31 shall
note that knowledge or belief and the basis for it in the
patient's or client's records. |
| (2) |
Notwithstanding Ohio R.C.
4731.22, the physician-patient privilege shall not be a
ground for excluding any information regarding the report
containing the knowledge or belief noted pursuant to
division (f)(1), and the information may be admitted as
evidence in accordance with the Rules of Evidence.
|
|
| (g) |
Division (a) or (d) of this section
does not require disclosure of information, when any of the
following applies:
|
|
| (1) |
The information is privileged
by reason of the relationship between attorney and client,
doctor and patient, licensed psychologist or licensed
school psychologist and client, member of the clergy or
rabbi or minister or priest and any person communicating
information confidentially to the member of the clergy,
rabbi, minister or priest for a religious counseling
purpose in the professional character of the member of the
clergy, rabbi, minister or priest, husband and wife, or a
communications assistant and those who are a party to a
telecommunications relay service call. |
| (2) |
The information would tend to
incriminate a member of the actor's immediate family. |
| (3) |
Disclosure of the information
would amount to revealing a news source, privileged under
Ohio R.C. 2739.04 or 2739.12. |
| (4) |
Disclosure of the information
would amount to disclosure by a member of the ordained
clergy of an organized religious body of a confidential
communication made to him or her in his or her capacity as
such by a person seeking his or her aid or counsel. |
| (5) |
Disclosure would amount to
revealing information acquired by the actor in the course
of his or her duties in connection with a bona fide
program of treatment or services for drug dependent
persons or persons in danger of drug dependence, which
program is maintained or conducted by a hospital, clinic,
person, agency, or organization certified pursuant to Ohio
R.C. 3793.06. |
| (6) |
Disclosure would amount to
revealing information acquired by the actor in the course
of his or her duties in connection with a bona fide
program for providing counseling services to victims of
crimes that are violations of Ohio R.C. 2907.02 or
2907.05, or to victims of felonious sexual penetration in
violation of former Ohio R.C. 2907.12. As used in this
division, "counseling services" include services
provided in an informal setting by a person who, by
education or experience, is competent to provide such
services.
|
|
| (h) |
No disclosure of information pursuant
to this section gives rise to any liability or recrimination for a
breach of privilege or confidence.
|
| (i) |
Whoever violates division (a) or (b) of
this section is guilty of failure to report a crime. Violation of
division (a) of this section is a misdemeanor of the fourth
degree. Violation of division (b) of this section is a misdemeanor
of the second degree.
|
| (j) |
Whoever violates division (c) or (d) of
this section is guilty of failure to report knowledge of a death,
a misdemeanor of the fourth degree.
|
| (k) |
| (1) |
Whoever negligently violates
division (e) of this section is guilty of a minor
misdemeanor. |
| (2) |
Whoever knowingly
violates division (e) of this section is guilty of a
misdemeanor of the second degree.
(ORC 2921.22) |
|
608.05 FAILURE TO AID A LAW ENFORCEMENT OFFICER.
| (a) |
No person shall negligently fail or
refuse to aid a law enforcement officer, when called upon for
assistance in preventing or halting the commission of an offense,
or in apprehending or detaining an offender, when the aid can be
given without a substantial risk of physical harm to the person
giving it.
|
| (b) |
Whoever violates this section is guilty
of failure to aid a law enforcement officer, a minor misdemeanor.
(ORC 2921.23) |
608.06 OBSTRUCTING OFFICIAL BUSINESS.
| (a) |
No person, without privilege to do so
and with purpose to prevent, obstruct, or delay the performance by
a public official of any authorized act within the public
official's official capacity, shall do any act that hampers or
impedes a public official in the performance of the public
official's lawful duties.
|
| (b) |
Whoever violates this section is guilty
of obstructing official business. Except as otherwise provided in
this division, obstructing official business is a misdemeanor of
the second degree. If a violation of this section creates a risk
of physical harm to any person, obstructing official business is a
felony to be prosecuted under appropriate State law.
(ORC 2921.31) |
608.07 OBSTRUCTING JUSTICE.
| (a) |
No person, with purpose to hinder the
discovery, apprehension, prosecution, conviction, or punishment of
another for crime, or to assist another to benefit from the
commission of a crime, and no person, with purpose to hinder the
discovery, apprehension, prosecution, adjudication as a delinquent
child, or disposition of a child for an act that if committed by
an adult would be a crime or to assist a child to benefit from the
commission of an act that if committed by an adult would be a
crime, shall do any of the following:
|
|
| (1) |
Harbor or conceal the other
person or child. |
| (2) |
Provide the other person or
child with money, transportation, a weapon, a disguise, or
other means of avoiding discovery or apprehension. |
| (3) |
Warn the other person or child
of impending discovery or apprehension. |
| (4) |
Destroy or conceal physical
evidence of the crime or act, or induce any person to
withhold testimony or information or to elude legal
process summoning him or her to testify or supply
evidence. |
| (5) |
Communicate false information
to any person. |
| (6) |
Prevent or obstruct any person,
by means of force, intimidation, or deception, from
performing any act to aid in the discovery, apprehension,
or prosecution of the other person or child.
|
|
| (b) |
A person may be prosecuted for, and may
be convicted of or adjudicated a delinquent child for committing,
a violation of division (a) of this section regardless of whether
the person or child aided ultimately is apprehended for, is
charged with, is convicted of, pleads guilty to, or is adjudicated
a delinquent child for committing the crime or act the person or
child aided committed. The crime or act the person or child aided
committed shall be used under division (c) of this section in
determining the penalty for violation of division (a) of this
section, regardless of whether the person or child aided
ultimately is apprehended for, is charge with, is convicted of,
pleads guilty to, or is adjudicated a delinquent child for
committing the crime or act the person or child aided committed.
|
| (c) |
Whoever violates this section is guilty
of obstructing justice.
|
|
| (1) |
If the crime committed by the
person aided is a misdemeanor or if the act committed by
the child aided would be a misdemeanor if committed by an
adult, obstructing justice is a misdemeanor of the same
degree as the crime committed by the person aided or a
misdemeanor of the same degree that the act committed by
the child aided would be if committed by an adult. |
| (2) |
If the crime committed by the
person aided is a felony or if the act committed by the
child aided would be a felony if committed by an adult, or
if the crime or act committed by the person or child aided
is an act of terrorism, obstructing justice is a felony to
be prosecuted under appropriate State law.
|
|
| (d) |
As used in this section:
|
|
| (1) |
"Act of
terrorism" has the same meaning as in Ohio R.C.
2909.21. |
| (2) |
"Adult"
and "child" have the same meaning as in Ohio
R.C. 2151.011. |
| (3) |
"Delinquent
child" has the same meaning as in Ohio R.C. 2152.02.
(ORC 2921.32) |
|
608.08 RESISTING ARREST
| (a) |
No person, recklessly or by force,
shall resist or interfere with a lawful arrest of himself, herself
or another.
|
| (b) |
No person, recklessly or by force,
shall resist or interfere with a lawful arrest of the person or
another person and, during the course of or as a result of the
resistance or interference, cause physical harm to a law
enforcement officer.
|
| (c) |
No person, recklessly or by force,
shall resist or interfere with a lawful arrest of the person or
another person if either of the following applies:
|
|
| (1) |
The offender, during the course
of or as a result of the resistance or interference,
recklessly causes physical harm to a law enforcement
officer by means of a deadly weapon; or |
| (2) |
The offender, during the course
of the resistance or interference, brandishes a deadly
weapon.
|
|
| (d) |
Whoever violates this section is guilty
of resisting arrest. A violation of division (a) of this section
is a misdemeanor of the second degree. A violation of division (b)
of this section is a misdemeanor of the first degree. A violation
of division (c) of this section is a felony to be prosecuted under
appropriate State law.
|
| (e) |
As used in this section, "deadly
weapon" has the same meaning as in Ohio R.C. 2923.11.
(ORC 2921.33) |
Statutory reference:
Unlawful taking of deadly weapon from law enforcement officer, felony, see
Ohio R.C. 2911.01
608.09 COMPLIANCE WITH LAWFUL ORDER OF POLICE
OFFICER; FLEEING.
| (a) |
No person shall fail to comply with any
lawful order or direction of any police officer invested with
authority to direct, control, or regulate traffic.
|
| (b) |
No person shall operate a motor vehicle
so as willfully to elude or flee a police officer after receiving
a visible or audible signal from a police officer to bring the
person's motor vehicle to a stop.
|
| (c) |
| (1) |
Whoever violates this section
is guilty of failure to comply with an order or signal of
a police officer. |
| (2) |
A violation of division (a) of
this section is a misdemeanor of the first degree. |
| (3) |
Except as provided in divisions
(c)(4) and (5) of this section, a violation of division
(b) of this section is a misdemeanor of the first degree. |
| (4) |
Except as provided in division
(c)(5) of this section, a violation of division (b) of
this section is a felony and shall be prosecuted under
appropriate State law if the jury or judge as trier of
fact finds by proof beyond a reasonable doubt that in
committing the offense, the offender was fleeing
immediately after the commission of a felony. |
| (5) |
| A. |
A violation of division
(b) of this section is a felony and shall be
prosecuted under appropriate State law if the jury
or judge as trier of fact finds any of the
following by proof beyond a reasonable doubt: |
|
| 1. |
The operation
of the motor vehicle by the offender was a
proximate cause of serious physical harm
to persons or property. |
| 2. |
The operation
of the motor vehicle by the offender
caused a substantial risk of serious
physical harm to persons or property. |
|
| B. |
If a police officer
pursues an offender who is violating division (b)
of this section and division (c)(5)A. of this
section applies, the sentencing court, in
determining the seriousness of an offender's
conduct for purposes of sentencing the offender
for a violation of division (b) of this section,
shall consider, along with the factors set forth
in Ohio R.C. 2929.12 and 2929.13 that are required
to be considered, all of the following: |
|
| 1. |
The duration of
the pursuit; |
| 2. |
The distance of
the pursuit; |
| 3. |
The rate of
speed at which the offender operated the
motor vehicle during the pursuit; |
| 4. |
Whether the
offender failed to stop for traffic lights
or stop signs during the pursuit; |
| 5. |
The number of
traffic lights or stop signs for which the
offender failed to stop during the
pursuit; |
| 6. |
Whether the
offender operated the motor vehicle during
the pursuit without lighted lights during
a time when lighted lights are required; |
| 7. |
Whether the
offender committed a moving violation
during the pursuit; |
| 8. |
The number of
moving violations the offender committed
during the pursuit; |
| 9. |
Any other
relevant factors indicating that the
offender's conduct is more serious than
conduct normally constituting the offense.
|
|
|
|
| d. |
In addition to any other sanction
imposed for a violation of this section, the court shall impose a
class two suspension from the range specified in Ohio R.C.
4510.02(A)(2). If the offender previously has been found guilty of
an offense under this section or under Ohio R.C. 2921.331, the
court shall impose a class one suspension as described in Ohio
R.C. 4510.02(A)(1). The court shall not grant limited driving
privileges to the offender. No judge shall suspend the first three
years of suspension under a class two suspension of an offender's
license, permit, or privilege required by this division or any
portion of the suspension under a class one suspension of an
offender's license, permit, or privilege required by this
division.
|
| 3. |
As used in this section:
|
|
| (1) |
"Moving violation"
has the same meaning as in Ohio R.C. 2743.70. |
| (2) |
"Police officer" has
the same meaning as in Ohio R.C. 4511.01.
(ORC 2921.331(A) - (C), (E), (F)) |
|
608.10 HAVING AN UNLAWFUL INTEREST IN A PUBLIC CONTRACT.
| (a) |
No public official shall knowingly do any of the following:
|
|
| (1) |
Authorize or employ the authority of the public
official's office to
secure authorization of any public contract in which the public official,
a member of the public official's family, or any of the public official's
business associates has an interest. |
| (2) |
Authorize or employ the authority or influence of the public
official's office to secure the investment of public funds in any share,
bond, mortgage, or other security with respect to which the public
official, a member of the public official's family, or any of the public
official's business associates either has an interest, is an underwriter,
or receives any brokerage, origination, or servicing fees. |
| (3) |
During the public official's term of office or within one year
thereafter, occupy any position of profit in the prosecution of a public
contract authorized by the public official or by a legislative body,
commission, or board of which the public official was a member at the time
of authorization, unless the contract was let by competitive bidding to
the lowest and best bidder. |
| (4) |
Have an interest in the profits or benefits of a public contract
entered into by or for the use of the political subdivision or
governmental agency or instrumentality with which the public official is
connected. |
| (5) |
Have an interest in the profits or benefits of a public contract that
is not let by competitive bidding when required by law, and that involves
more than one hundred fifty dollars ($150.00).
|
|
| (b) |
In the absence of bribery or a purpose to defraud, a public
official, member of a public official's family, or any of a public
official's business associates shall not be considered as having an
interest in a public contract or the investment of public funds, if all of
the following apply:
|
|
| (1) |
The interest of that person is limited to owning or controlling shares
of the corporation, or being a creditor of the corporation or other
organization, that is the contractor on the public contract involved, or
that is the issuer of the security in which public funds are invested. |
| (2) |
The shares owned or controlled by that person do not exceed 5% of the
outstanding shares of the corporation, and the amount due that person as
creditor does not exceed 5% of the total indebtedness of the corporation
or other organization. |
| (3) |
That person, prior to the time the public contract is entered into,
files with the political subdivision or governmental agency or
instrumentality involved, an affidavit giving that person's exact status
in connection with the corporation or other organization.
|
|
| (c) |
This section does not apply to a public contract in which a public
official, member of a public official's family, or one of a public
official's business associates has an interest, when all of the following
apply:
|
|
| (1) |
The subject of the public contract is necessary supplies or services
for the political subdivision or governmental agency or instrumentality
involved. |
| (2) |
The supplies or services are unobtainable elsewhere for the same or
lower cost, or are being furnished to the political subdivision or
governmental agency or instrumentality as part of a continuing course of
dealing established prior to the public official's becoming associated
with the political subdivision or governmental agency or instrumentality
involved. |
| (3) |
The treatment accorded the political subdivision or governmental
agency or instrumentality is either preferential to or the same as that
accorded other customers or clients in similar transactions. |
| (4) |
The entire transaction is conducted at
arm's length, with full
knowledge by the political subdivision or governmental agency or
instrumentality involved, of the interest of the public official, member
of the public official's family, or business associate, and the public
official takes no part in the deliberations or decision of the political
subdivision or governmental agency or instrumentality with respect to the
public contract.
|
|
| (d) |
Division (a)(4) of this section does not prohibit participation by
a public employee in any housing program funded by public moneys if the
public employee otherwise qualifies for the program and does not use the
authority or influence of the public official's office or employment to
secure benefits from the program and if the moneys are to be used on the
primary residence of the public employee. Such participation does not
constitute an unlawful interest in a public contract in violation of this
section.
|
| (e) |
Whoever violates this section is guilty of having an unlawful
interest in a public contract. Violation of division (a)(1) or (2) of this
section is a felony to be prosecuted under appropriate State law.
Violation of division (a)(3), (4), or (5) of this section is a misdemeanor
of the first degree.
|
| (f) |
It is not a violation of this section for a prosecuting attorney to
appoint assistants and employees in accordance with Ohio R.C. 309.06 and
2921.421, or for a chief legal officer of a municipality or an official
designated as prosecutor in a municipality to appoint assistants and
employees in accordance with Ohio R.C. 733.621 and 2921.421, or for a
township law director appointed under Ohio R.C. 504.15 to appoint
assistants and employees in accordance with Ohio R.C. 504.151 and
2921.421.
|
| (g) |
Any public contract in which a public official, a member of the
public official's family, or any of the public official's business
associates has an interest in violation of this section is void and
unenforceable. Any contract securing the investment of public funds in
which a public official, a member of the public official's family, or any
of the public official's business associates has an interest, is an
underwriter, or receives any brokerage, origination or servicing fees and
that was entered into in violation of this section is void and
unenforceable.
|
| (h) |
For the purpose of this section, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
|
|
| (1) |
"Chief legal officer" has the same meaning as in Ohio R.C. 733.621. |
| (2) |
"Public contract" means any of the following: |
|
| A. |
The purchase or acquisition, or a contract for the purchase or
acquisition, of property or services by or for the use of the State or any
of its political subdivisions, or any agency or instrumentality of either,
including the employment of an individual by the State, any of its
political subdivisions, or any agency or instrumentality of either. |
| B. |
A contract for the design, construction, alteration, repair, or
maintenance of any public property.
(ORC 2921.42) |
|
|
608.11 SOLICITING OR RECEIVING IMPROPER
COMPENSATION.
| (a) |
No public servant shall knowingly
solicit or accept and no person shall knowingly promise or give to
a public servant either of the following:
|
|
| (1) |
Any compensation, other than as
allowed by Ohio R.C. 102.03(G), (H), (I), or other
provisions of law, to perform the public servant's
official duties, to perform any other act or service in
the public servant's public capacity, for the general
performance of the duties of the public servant's public
office or public employment, or as a supplement to the
public servant's public compensation. |
| (2) |
Additional or greater fees or
costs than are allowed by law to perform the public
servant's official duties.
|
|
| (b) |
No public servant for the public
servant's own personal or business use and no person for the
person's own personal or business use or for the personal or
business use of a public servant or party official, shall solicit
or accept anything of value in consideration of either of the
following:
|
|
| (1) |
Appointing or securing,
maintaining, or renewing the appointment of any person to
any public office, employment, or agency. |
| (2) |
Preferring, or maintaining the
status of, any public employee with respect to
compensation, duties, placement, location, promotion, or
other material aspects of employment.
|
|
| (c) |
No person for the benefit of a
political party, campaign committee, legislative campaign fund,
political action committee or political contributing entity shall
coerce any contribution in consideration of either of the
following:
|
|
| (1) |
Appointing or securing,
maintaining, or renewing the appointment of any person to
any public office, employment, or agency. |
| (2) |
Preferring, or maintaining the
status of, any public employee with respect to
compensation, duties, placement, location, promotion, or
other material aspects of employment.
|
|
| (d) |
Whoever violates this section is guilty
of soliciting improper compensation, a misdemeanor of the first
degree.
|
| (e) |
A public servant who is convicted of a
violation of this section is disqualified from holding any public
office, employment, or position of trust in this State for a
period of seven years from the date of conviction.
|
| (f) |
Divisions (a), (b), and (c) of this
section do not prohibit any person from making voluntary
contributions to a political party, campaign committee,
legislative campaign fund, political action committee or political
contributing entity or prohibit a political party, campaign
committee, legislative campaign fund, political action committee
or political contributing entity from accepting voluntary
contributions.
(ORC 2921.43) |
608.12 DERELICTION OF DUTY.
| (a) |
No law enforcement officer shall
negligently do any of the following:
|
|
| (1) |
Fail to serve a lawful warrant
without delay. |
| (2) |
Fail to prevent or halt the
commission of an offense or to apprehend an offender, when
it is in the law enforcement officer's power to do so
alone or with available assistance.
|
|
| (b) |
No law enforcement, ministerial, or
judicial officer shall negligently fail to perform a lawful duty
in a criminal case or proceeding.
|
| (c) |
No officer, having charge of a
detention facility, shall negligently do any of the following:
|
|
| (1) |
Allow the detention facility to
become littered or unsanitary. |
| (2) |
Fail to provide persons
confined in the detention facility with adequate food,
clothing, bedding, shelter, and medical attention. |
| (3) |
Fail to control an unruly
prisoner, or to prevent intimidation of or physical harm
to a prisoner by another. |
| (4) |
Allow a prisoner to
escape. |
| (5) |
Fail to observe any lawful and
reasonable regulation for the management of the detention
facility.
|
|
| (d) |
No public official shall recklessly
create a deficiency, incur a liability, or expend a greater sum
than is appropriated by the Council for the use in any one year of
the department, agency, or institution with which the public
official is connected.
|
| (e) |
No public servant shall recklessly fail
to perform a duty expressly imposed by law with respect to the
public servant's office, or recklessly do any act expressly
forbidden by law with respect to the public servant's office.
|
| (f) |
Whoever violates this section is guilty
of dereliction of duty, a misdemeanor of the second degree.
|
| (g) |
As used in this section, "public
servant" includes an officer or employee of a contractor as
defined in Ohio R.C. 9.08.
(ORC 2921.44) |
608.13 INTERFERING WITH CIVIL RIGHTS.
| (a) |
No public servant, under color of his
or her office, employment, or authority, shall knowingly deprive,
conspire or attempt to deprive any person of a constitutional or
statutory right.
|
| (b) |
Whoever violates this section is guilty
of interfering with civil rights, a misdemeanor of the first
degree.
(ORC 2921.45) |
608.14 IMPERSONATING AN OFFICER.
| (a) |
For the purpose of this section, the
following definitions shall apply unless the context clearly
indicates or requires a different meaning.
|
|
| (1) |
"Federal law enforcement
officer." An employee of the United States who serves in a
position the duties of which are primarily the
investigation, apprehension, or detention of individuals
suspected or convicted of offenses under the criminal laws
of the United States. |
| (2) |
"Impersonate." To act the
part of, assume the identity of, wear the uniform or any
part of the uniform of, or display the identification of a
particular person or of a member of a class of persons
with purpose to make another person believe that the actor
is that particular person or is a member of that class of
persons. |
| (3) |
"Investigator of the
Bureau of Criminal Identification and Investigation." Has
the same meaning as in Ohio R.C. 2903.11. |
| (4) |
"Peace officer." A
sheriff, deputy sheriff, marshal, deputy marshal, member
of the organized police department of a municipal
corporation, or township constable, who is employed by a
political subdivision of this State, a member of a police
force employed by a metropolitan housing authority under
Ohio R.C. 3735.31(D), a member of a police force employed
by a regional transit authority under Ohio R.C. 306.35(Y),
a State university law enforcement officer appointed under
Ohio R.C. 3345.04, a veterans' home police officer
appointed under Ohio R.C. 5907.02, a special police
officer employed by a port authority under Ohio R.C.
4582.04 or 4582.28, or a State highway patrol trooper and
whose primary duties are to preserve the peace, to protect
life and property, and to enforce the laws, ordinances, or
rules of the State or any of its political subdivisions. |
| (5) |
"Private police officer."
Any security guard, special police officer, private
detective, or other person who is privately employed in a
police capacity.
|
|
| (b) |
No person shall impersonate a peace
officer, private police officer, investigator of the Bureau of
Criminal Identification and Investigation, or Federal law
enforcement officer.
|
| (c) |
No person, by impersonating a peace
officer, private police officer, investigator of the Bureau of
Criminal Identification and Investigation, or Federal law
enforcement officer, shall arrest or detain any person, search any
person, or search the property of any person.
|
| (d) |
No person, with purpose to commit or
facilitate the commission of an offense, shall impersonate a peace
officer, private police officer, Federal law enforcement officer,
an officer, agent or employee of the municipality or the state, or
investigator of the Bureau of Criminal Identification and
Investigation.
|
| (e) |
No person shall commit a felony while
impersonating a peace officer, private police officer, Federal law
enforcement officer, an officer, agent or employee of the
Municipality or of the State, or investigator of the Bureau of
Criminal Identification and Investigation.
|
| (f) |
It is an affirmative defense to a
charge under division (b) of this section that the impersonation
of the peace officer, private police officer, Federal law
enforcement officer, an officer, agent or employee of the
Municipality or of the State, or investigator of the Bureau of
Criminal Identification and Investigation was for a lawful
purpose.
|
| (g) |
Whoever violates division (b) of this
section is guilty of a misdemeanor of the fourth degree. Whoever
violates division (c) or (d) of this section is guilty of a
misdemeanor of the first degree. If the purpose of a violation of
division (d) of this section is to commit or facilitate the
commission of a felony, a violation of division (d) is a felony to
be prosecuted under appropriate State law. Whoever violates
division (e) of this section is guilty of a felony to be
prosecuted under appropriate State law.
(ORC 2921.51) |
608.145 USING SHAM LEGAL PROCESS.
| (a) |
For the purpose of this section, the
following definitions shall apply:
|
|
| (1) |
"Lawfully issued."
Adopted, issued, or rendered in accordance with the United
States Constitution, the constitution of a State, and the
applicable statutes, rules, regulations and ordinances of
the United States, a State, and the political subdivisions
of a State. |
| (2) |
"Political subdivisions."
Municipal corporations, townships, counties, school
districts, and all other bodies corporate and politic that
are organized under State law and are responsible for
governmental activities only in geographical areas smaller
than that of a State. |
| (3) |
"Sham legal process." An
instrument that meets all of the following conditions:
|
|
| A. |
It is not lawfully
issued. |
| B. |
It purports to do any
of the following:
|
|
| 1. |
To be a
summons, subpoena, judgment, or order of a
court, a law enforcement officer, or a
legislative, executive or administrative
body. |
| 2. |
To assert
jurisdiction over or determine the legal
or equitable status, rights, duties,
powers, or privileges of any person or
property. |
| 3. |
To require or
authorize the search, seizure, indictment,
arrest, trial, or sentencing of any person
or property. |
|
|
|
| C. |
It is designed to make
another person believe that it is lawfully issued.
|
|
| (4) |
"State." A State of the
United States, including without limitation the State
legislature, the highest court of the State that has
Statewide jurisdiction, the offices of all elected State
officers, and all departments, boards, offices,
commissions, agencies, institutions, and other
instrumentalities of the State. "State" does not
include the political subdivisions of the State. |
|
|
|
| (b) |
No person shall, knowing the sham legal
process to be a sham legal process, do any of the following:
|
|
| (1) |
Knowingly issue, display,
deliver, distribute, or otherwise use sham legal process |
| (2) |
Knowingly use sham legal
process to arrest, detain, search or seize any person or
the property of another person. |
| (3) |
Knowingly commit or facilitate
the commission of an offense using sham legal process. |
| (4) |
Knowingly commit a felony by
using sham legal process. |
|
|
|
| (c) |
It is an affirmative defense to a
charge under division (b)(1) or (2) of this section that the use
of sham legal process was for a lawful purpose.
|
| (d) |
Whoever violates this section is guilty
of using sham legal process. A violation of division (b)(1) of
this section is a misdemeanor of the fourth degree. A violation of
division (b)(2) or (b)(3) of this section is a misdemeanor of the
first degree, except that if the purpose of a violation of
division (b)(3) of this section is to commit or facilitate the
commission of a felony, a violation of division (b)(3) of this
section is a felony to be prosecuted under appropriate State law.
A violation of division (b)(4) of this section is a felony to be
prosecuted under appropriate State law.
(ORC 2921.52(A) - (D)) |
608.15 DISPLAY OF LAW ENFORCEMENT AGENCY EMBLEM.
| (a) |
No person who is not entitled to do so
shall knowingly display on a motor vehicle the emblem of a law
enforcement agency or an organization of law enforcement officers.
|
| (b) |
Whoever violates this section is guilty
of the unlawful display of the emblem of a law enforcement agency
or an organization of law enforcement officers, a minor
misdemeanor.
(ORC 2913.441) |
608.16 DISPOSITION OF UNCLAIMED OR FORFEITED
PROPERTY HELD BY POLICE DEPARTMENT.
| (a) |
Safekeeping of Property in Custody.
|
|
| (1) |
| A. |
Any property that has
been lost, abandoned, stolen, seized pursuant to a
search warrant, or otherwise lawfully seized or
forfeited and that is in the custody of the Police
Department shall be kept safely by the Police
Department, pending the time it no longer is
needed as evidence or for another lawful purpose,
and shall be disposed of pursuant to this section
or Ohio R.C. 2981.12 and 2981.13. |
| B. |
This section does not
apply to the custody and disposal of any of the
following:
|
|
| 1. |
Vehicles
subject to forfeiture under Ohio R.C.
Title 45, except as provided in division
(b)(1)F. of this section; |
| 2. |
Abandoned junk
motor vehicles or other property of
negligible value; |
| 3. |
Property held
by a department of rehabilitation and
correction institution that is unclaimed,
that does not have an identified owner,
that the owner agrees to dispose of, or
that is identified by the department as
having little value; |
| 4. |
Animals taken,
and devices used in unlawfully taking
animals, under Ohio R.C. 1531.20; |
| 5. |
Controlled
substances sold by a peace officer in the
performance of the officer's official
duties under Ohio R.C. 3719.141; |
| 6. |
Property
recovered by a township law enforcement
agency under Ohio R.C. 505.105 to 505.109; |
| 7. |
Property held
and disposed of under an ordinance of the
Municipality or under Ohio R.C. 737.29 to
737.33, except that if the Municipality
has received notice of a citizens' reward
program as provided in division (b)(5) of
this section and disposes of property
under an ordinance shall pay 25% of any
moneys acquired from any sale or auction
to the citizens' reward program.
|
|
|
| (2) |
| A. |
The Police Department
shall adopt and comply with a written internal
control policy that does all of the following:
|
|
| 1. |
Provides for
keeping detailed records as to the amount
of property acquired by the Police
Department and the date property was
acquired; |
| 2. |
Provides for
keeping detailed records of the
disposition of the property, which shall
include, but not be limited to, both of
the following:
| a. |
The
manner in which it was disposed,
the date of disposition, detailed
financial records concerning any
property sold, and the name of any
person who received the property.
The record shall not identify or
enable identification of the
individual officer who seized any
item of property. |
| b. |
The
general types of expenditures made
with amounts that are gained from
the sale of the property and that
are retained by the agency,
including the specific amount
expended on each general type of
expenditure, except that the
policy shall not provide for or
permit the identification of any
specific expenditure that is made
in an ongoing investigation.
|
|
| 3. |
Complies with
Ohio R.C. 2981.13 if the Police Department
has a law enforcement trust fund or
similar fund created under that section.
|
|
| B. |
If the Police
Department, during any calendar year, has any
seized or forfeited property covered by this
section in its custody, including amounts
distributed under Ohio R.C. 2981.13 to its law
enforcement trust fund or a similar fund created
for the State Highway Patrol, Department of Public
Safety, or State Board of Pharmacy, the Police
Department shall prepare a report covering the
calendar year that cumulates all of the
information contained in all of the public records
kept by the Police Department pursuant to this
section for that calendar year. The Police
Department shall send a copy of the cumulative
report to the Attorney General not later than the
first day of March in the calendar year following
the calendar year covered by the report.
|
| C. |
The records kept under
the internal control policy shall be open to
public inspection during the Police Department's
regular business hours. The policy adopted under
this section and each report received by the
Attorney General is a public record open for
inspection under Ohio R.C. 149.43.
|
|
| (3) |
The Police Department, with
custody of property to be disposed of under this section
or Ohio R.C. 2981.12 or 2981.13, shall make a reasonable
effort to locate persons entitled to possession of the
property, to notify them of when and where it may be
claimed, and to return the property to them at the
earliest possible time. In the absence of evidence
identifying persons entitled to possession, it is
sufficient notice to advertise in a newspaper of general
circulation in the county and to briefly describe the
nature of the property in custody and inviting persons to
view and establish their right to it.
|
| (4) |
As used in this section:
|
|
| A. |
"Citizens' reward
program" has the same meaning as in Ohio R.C.
9.92. |
| B. |
"Law enforcement
agency" includes correctional institutions. |
| C. |
"Township law
enforcement agency" means an organized police
department of a township, a township police
district, a joint township police district, or the
office of a township constable.
(ORC 2981.11)
|
|
|
| (b) |
Disposition of Unclaimed or Forfeited
Property. |
|
| (1) |
Unclaimed or forfeited property
in the custody of the Police Department, other than
property described in division (a)(1)B. of this section,
shall be disposed of by order of any court of record that
has territorial jurisdiction over the Municipality, as
follows:
|
|
| A. |
Drugs shall be disposed
of pursuant to Ohio R.C. 3719.11 or placed in the
custody of the Secretary of the Treasury of the
United States for disposal or use for medical or
scientific purposes under applicable Federal law. |
| B. |
Firearms and dangerous
ordnance suitable for police work may be given to
a law enforcement agency for that purpose.
Firearms suitable for sporting use or as museum
pieces or collectors' items may be sold at public
auction pursuant to division (b)(2) of this
section. The Police Department shall destroy other
firearms and dangerous ordnance or shall send them
to the Bureau of Criminal Identification and
Investigation for destruction by the Bureau. |
| C. |
Obscene materials shall
be destroyed. |
| D. |
Beer, intoxicating
liquor, or alcohol seized from a person who does
not hold a permit issued under Ohio R.C. Chapters
4301 and 4303 or otherwise forfeited to the state
for an offense under Ohio R.C. 4301.45 or Ohio
R.C. 4301.53 shall be sold by the Division of
Liquor Control if the Division determines that it
is fit for sale or shall be placed in the custody
of the Investigations Unit in the Ohio Department
of Public Safety and be used for training relating
to law enforcement activities. The Ohio Department
of Public Safety, with the assistance of the
Division of Liquor Control, shall adopt rules in
accordance with Ohio R.C. Chapter 119 to provide
for the distribution to state or local law
enforcement agencies upon their request. If any
tax imposed under Ohio R.C. Title 43 has not been
paid in relation to the beer, intoxicating liquor,
or alcohol, any moneys acquired from the sale
shall first be used to pay the tax. All other
money collected under this division (b)(1)D. shall
be paid into the State Treasury. Any beer,
intoxicating liquor, or alcohol that the Division
determines to be unfit for sale shall be
destroyed. |
| E. |
Money received by an
inmate of a correctional institution from an
unauthorized source or in an unauthorized manner
shall be returned to the sender, if known, or
deposited in the inmates' industrial and
entertainment fund of the institution if the
sender is not known. |
| F |
| 1, |
Any mobile
instrumentality forfeited under Ohio R.C.
Chapter 2981 may be given to the law
enforcement agency that initially seized
the mobile instrumentality for use in
performing its duties, if the agency wants
the mobile instrumentality. The agency
shall take the mobile instrumentality
subject to any security interest or lien
on the mobile instrumentality. |
| 2. |
Vehicles and
vehicle parts forfeited under Ohio R.C.
4549.61 to 4549.63 may be given to a law
enforcement agency for use in performing
its duties. Those parts may be
incorporated into any other official
vehicle. Parts that do not bear vehicle
identification numbers or derivatives of
them may be sold or disposed of as
provided by rules of the Director of
Public Safety. Parts from which a vehicle
identification number or derivative of it
has been removed, defaced, covered,
altered, or destroyed and that are not
suitable for police work or incorporation
into an official vehicle shall be
destroyed and sold as junk or scrap.
|
|
|
|
| G. |
Computers, computer
networks, computer systems, and computer software
suitable for police work may be given to a law
enforcement agency for that purpose or disposed of
under division (b)(2) of this section.
|
|
| (2) |
Unclaimed or forfeited property
that is not described in division (b)(1) of this section
or division (a)(1)B. of this section, with court approval,
may be used by the law enforcement agency in possession of
it. If it is not used by the agency, it may be sold
without appraisal at a public auction to the highest
bidder for cash or disposed of in another manner that the
court considers proper. |
| (3) |
Except as provided in divisions
(b)(1) and (b)(5) of this section and after compliance
with division (b)(4) of this section when applicable, any
moneys acquired from the sale of property disposed of
pursuant to this section shall be placed in the general
revenue fund of the State, or the general fund of the
Municipality. |
| (4) |
If the property was in the
possession of the Police Department in relation to a
delinquent child proceeding in a juvenile court, 10% of
any moneys acquired from the sale of property disposed of
under this section shall be applied to one or more alcohol
and drug addiction treatment programs that are certified
by the Department of Alcohol and Drug Addiction Services
under Ohio R.C. 3793.06. A juvenile court shall not
specify a program, except as provided in this division,
unless the program is in the same county as the court or
in a contiguous county. If no certified program is located
in any of those counties, the juvenile court may specify a
certified program anywhere in Ohio. The remaining 90% of
the proceeds or cash shall be applied as provided in
division (b)(3) of this section.
|
| (5) |
| A. |
If the Board of County
Commissioners recognizes a citizens' reward
program under Ohio R.C. 9.92, the Board shall
notify the Police Department of the recognition by
filing a copy of its resolution conferring that
recognition with the Police Department. When the
Board recognizes a citizens' reward program and
the County includes a part, but not all, of the
territory of the Municipality, the Board shall so
notify the Police Department of the recognition of
the citizens' reward program only if the County
contains the highest percentage of the
Municipality's population. |
| B. |
Upon being so notified,
the Police Department shall pay 25% of any
forfeited proceeds or cash derived from each sale
of property disposed of pursuant to this section
to the citizens' reward program for use
exclusively to pay rewards. No part of the funds
may be used to pay expenses associated with the
program. If a citizens' reward program that
operates in more than one County or in another
State in addition to this State receives funds
under this section, the funds shall be used to pay
rewards only for tips and information to law
enforcement agencies concerning offenses committed
in the County from which the funds were received.
|
|
| (6) |
Any property forfeited under
Ohio R.C. Chapter 2981 not be used to pay any fine imposed
upon a person who is convicted of or pleads guilty to an
underlying criminal offense or a different offense arising
out of the same facts and circumstances.
(ORC 2981.12)
|
|
| (c) |
Disposition of Contraband, Proceeds, or
Instrumentalities. Except as otherwise provided in Ohio R.C.
2981.13, property ordered forfeited as contraband, proceeds, or an
instrumentality pursuant to Ohio R.C. Chapter 2981 shall be
disposed of, used, or sold pursuant to division (b) of this
section or Ohio R.C. 2981.12. If the property is to be sold under
division (b) of this section or Ohio R.C. 2981.12, the prosecutor
shall cause notice of the proposed sale to be given in accordance
with law.
(ORC 2981.13(A)) |
Statutory reference:
Forfeiture of property generally, see R.C. Chapter 2981
608.17 DETENTION OF SHOPLIFTERS AND THOSE
COMMITTING MOTION PICTURE PIRACY; PROTECTION OF INSTITUTIONAL PROPERTY.
| (a) |
For the purpose of this section, the
following definitions shall apply.
|
|
| (1) |
"Archival institution."
Any public or private building, structure, or shelter in
which are stored historical documents, devices, records,
manuscripts, or items of public interest, which
historical materials are stored to preserve the
materials or the information in the materials, to
disseminate the information contained in the materials,
or to make the materials available for public inspection
or for inspection by certain persons who have a
particular interest in, use for, or knowledge concerning
the materials. |
| (2) |
"Audiovisual recording
function" and "facility." Have the same meaning as in
Ohio R.C. 2913.07. |
| (3) |
"Museum." Any public or private nonprofit institution that is
permanently organized for primarily educational or aesthetic purposes,
owns or borrows objects or items of public interest, and cares for and
exhibits to the public the objects or items.
|
|
| (b) |
A merchant, or an employee or agent
of a merchant, who has probable cause to believe that things
offered for sale by a mercantile establishment have been
unlawfully taken by a person, may, for the purposes set forth in
division (d) below, detain the person in a reasonable manner for
a reasonable length of time within the mercantile establishment
or its immediate vicinity.
|
| (c) |
Any officer, employee, or agent of a library, museum, or archival
institution may, for the purposes set forth in division (d) below or for
the purpose of conducting a reasonable investigation of a belief that
the person has acted in a manner described in divisions (c)(1) and (2)
below, detain a person in a reasonable manner for a reasonable length of
time within, or in the immediate vicinity of, the library, museum, or
archival institution, if the officer, employee, or agent has probable
cause to believe that the person has:
|
|
| (1) |
Without privilege to do so, knowingly moved, defaced, damaged,
destroyed, or otherwise improperly tampered with property owned by or in
the custody of the library, museum, or archival institution; or |
| (2) |
With purpose to deprive the library, museum, or archival institution
of property owned by it or in its custody, knowingly obtained or exerted
control over the property without the consent of the owner or person
authorized to give consent, beyond the scope of the express or implied
consent of the owner or person authorized to give consent, by deception,
or by threat.
|
|
| (d) |
An officer, agent, or employee of a library, museum, or archival
institution pursuant to division (c) above or a merchant or an employee
or agent of a merchant pursuant to division (b) above may detain another
person for any of the following purposes:
|
|
| (1) |
To recover the property that is the subject of the unlawful taking,
criminal mischief, or theft; |
| (2) |
To cause an arrest to be made by a peace officer; |
| (3) |
To obtain a warrant of arrest.
|
|
| (e) |
The owner or lessee of a facility in which a motion picture is
being shown, or the owner's or lessee's employee or agent, who has
probable cause to believe that a person is or has been operating an
audiovisual recording function of a device in violation of Ohio R.C.
2917.07 may, for the purpose of causing an arrest to be made by a peace
officer or of obtaining an arrest warrant, detain the person in a
reasonable manner for a reasonable length of time within the facility or
its immediate vicinity.
|
| (f) |
The officer, agent, or employee of the library, museum, or
archival institution, the merchant or an employee or agent of a
merchant, or the owner, lessee, employee, or agent of the facility
acting under divisions (b), (c) or (d) above shall not search the person
detained, search or seize any property belonging to the person detained
without the person's consent, or use undue restraint upon the person
detained.
|
| (g) |
Any peace officer may arrest without
a warrant any person that the officer has probable cause to
believe has committed any act described in division (c)(1) or
(2) above, that the officer has probable cause to believe has
committed an unlawful taking in a mercantile establishment, or
that the officer has reasonable cause to believe has committed
an act prohibited by Ohio R.C. 2913.07. An arrest under this
division shall be made within a reasonable time after the
commission of the act or unlawful taking.
(ORC 2935.041) |
608.18 FAILURE TO DISCLOSE PERSONAL INFORMATION.
| (a) |
No person who is in a public place shall
refuse to disclose the person's name, address, or date of birth,
when requested by a law enforcement officer who reasonably suspects
either of the following:
|
|
| (1) |
The person is committing, has
committed, or is about to commit a criminal offense. |
| (2) |
The person witnessed any of the
following:
|
|
| A. |
An offense of violence
that would constitute a felony under the laws of
this State; |
| B. |
A felony offense that
causes or results in, or creates a substantial risk
of, serious physical harm to another person or
property; |
| C. |
Any attempt or conspiracy
to commit, or complicity in committing, any offenses
identified in division (a)(2)A. or (a)(2)B. of this
section; |
| D. |
Any conduct reasonably
indicating that any offense identified in division
(a)(2)A. or (a)(2)B. of this section or any attempt,
conspiracy, or complicity described in division
(a)(2)C. of this section has been, is being, or is
about to be committed.
|
|
|
| (b) |
Whoever violates division (a) of this
section is guilty of failure to disclose one's personal information,
a misdemeanor of the fourth degree.
|
| (c) |
Nothing in division (a) of this section
requires a person to answer any questions beyond that person's name,
address, or date of birth. Nothing in division (a) of this section
authorizes a law enforcement officer to arrest a person for not
providing any information beyond the person's name, address, or date
of birth or for refusing to describe the offense observed.
|
| (d) |
It is not a violation of division (a) of
this section to refuse to answer a question that would reveal a
person's age or date of birth if age is an element of the crime that
the person is suspected of committing.
(ORC 2921.29)
|
| (e) |
No person entering an airport, train
station, port, or other similar critical transportation
infrastructure site shall refuse to show identification when
requested by a law enforcement officer when there is a threat to
security and the law enforcement officer is requiring identification
of all persons entering the site.
|
| (f) |
A law enforcement officer may prevent any
person who refuses to show identification when asked under the
circumstances described in division (e) of this section from
entering the critical transportation infrastructure site.
(ORC 2909.31) |
608.19 MISUSE OF 9 1 1 SYSTEM.
| (a) |
As used in this section, A9 1 1 system"
means a system through which individuals can request emergency
service using the telephone number 9 1 1.
(ORC 4931.40(A))
|
| (b) |
No person shall knowingly use the
telephone number of a 9 1 1 system established under Ohio R.C.
4931.40 through 4931.70 to report an emergency if the person knows
that no emergency exists.
|
| (c) |
No person shall knowingly use a 9 1 1
system for a purpose other than obtaining emergency service.
|
| (d) |
No person shall disclose or use any
information concerning telephone numbers, addresses, or names
obtained from the database that serves the public safety answering
point of a 9 1 1 system established under Ohio R.C. 4931.40 through
4931.70, except for any of the following purposes or under any of
the following circumstances:
|
|
| (1) |
For the purpose of the 9 1 1
system; |
| (2) |
For the purpose of responding to
an emergency call to an emergency service provider; |
| (3) |
In the circumstance of the
inadvertent disclosure of such information due solely to
technology of the wireless telephone network portion of the
9 1 1 system not allowing access to the database to be
restricted to 9 1 1 specific answering lines at a public
safety answering point; |
| (4) |
In the circumstance of access to
a database being given by a telephone company that is a
wireless service provider to a public utility or municipal
utility in handling customer calls in times of public
emergency or service outages. The charge, terms, and
conditions for the disclosure or use of such information for
the purpose of such access to a database shall be subject to
the jurisdiction of the Public Utilities Commission; |
| (5) |
In the circumstance of access to
a database given by a telephone company that is a wireline
service provider to a state and local government in warning
of a public emergency, as determined by the Public Utilities
Commission. The charge, terms and conditions for the
disclosure or use of that information for the purpose of
access to a database is subject to the jurisdiction of the
Public Utilities Commission.
(ORC 4931.49(D) - (F))
|
|
| (e) |
| (1) |
Whoever violates division (b) of
this section is guilty of a misdemeanor of the fourth
degree. |
| (2) |
Whoever violates division (c) or
(d) of this section is guilty of a misdemeanor of the fourth
degree on a first offense and a felony to be prosecuted
under appropriate state law on each subsequent offense.
(ORC 4931.99(A), (E)) |
|
CHAPTER 612
Alcoholic Beverages
612.01 Definitions.
612.02 Sales to underage persons; prohibitions and
misrepresentations.
612.03 Sales to intoxicated persons.
612.04 Consumption in motor vehicle.
612.05 Permit required.
612.06 Posting age and firearm warning signs.
612.07 Open container prohibited.
612.08 Hours of sale or consumption.
612.09 Conveying intoxicating liquor or cash onto
grounds of detention facilities or other institutions.
612.10 Sales of low alcohol beverages to underage
persons; prohibitions and misrepresentations.
612.11 Alcohol vaporizing devices prohibited.
CROSS REFERENCES - See section histories for similar State law
Liquor Control Law see Ohio R.C. Ch. 4301
Suspension of alcohol sales during emergency see Ohio R.C. 4301.251
Liquor permits see Ohio R.C. Ch. 4303
Local option see Ohio R.C. 4303.29
Driving or physical control while intoxicated see TRAF.
434.01
Definitions generally see GEN. OFF. 606.01
Effect of voluntary intoxication on criminal liability - see GEN. OFF. 606.07
Disorderly conduct while voluntarily intoxicated see GEN. OFF. 648.04
Using weapons while intoxicated see GEN. OFF. 678.03
612.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
| (a) |
"Alcohol." Ethyl alcohol, whether
rectified or diluted with water or not, whatever its origin may be,
and includes synthetic ethyl alcohol. The term does not include
denatured alcohol and wood alcohol.
|
| (b) |
"At retail." For use or consumption
by the purchaser and not for resale.
|
| (c) |
"Beer." Includes all beverages
brewed or fermented wholly or in part from malt products and
containing 0.5% or more, but not more than 12%, of alcohol by
volume.
|
| (d) |
"Cider." All liquids that are fit to
use for beverage purposes that contain 0.5% of alcohol by volume,
but not more than 6% of alcohol by weight that are made through the
normal alcoholic fermentation of the juice of sound, ripe apples,
including, without limitation, flavored, sparkling, or carbonated
cider and cider made from pure condensed apple must.
|
| (e) |
"Club." A corporation or association
of individuals organized in good faith for social, recreational,
benevolent, charitable, fraternal, political, patriotic, or athletic
purposes, which is the owner, lessor, or occupant of a permanent
building or part of a permanent building operated solely for such
purposes, membership in which entails the prepayment of regular
dues, and includes the place so operated.
|
| (f) |
"Community facility." Means either
of the following:
|
|
| (1) |
Any convention, sports or
entertainment facility or complex, or any combination of
these, that is used by or accessible to the general public
and that is owned or operated in whole or in part by the
State, a State agency, or a political subdivision of the
State or that is leased from, or located on property owned
by or leased from, the State, a State agency, a political
subdivision of the State, or a convention facilities
authority created pursuant to Ohio R.C. 351.02; |
| (2) |
An area designated as a community
entertainment district pursuant to Ohio R.C. 4301.80.
|
|
| (g) |
"Controlled access alcohol and
beverage cabinet." A closed container, either refrigerated, in whole
or in part, or nonrefrigerated, access to the interior of which is
restricted by means of a device that requires the use of a key,
magnetic card, or similar device and from which beer, intoxicating
liquor, other beverages, or food may be sold.
|
| (h) |
"Hotel." The same meaning as in Ohio
R.C. 3731.01, subject to the exceptions mentioned in Ohio R.C.
3731.03.
|
| (i) |
"Intoxicating liquor" and
"liquor." All liquids and compounds, other than beer,
containing 0.5% or more of alcohol by volume which are fit to use
for beverage purposes, from whatever source and by whatever process
produced, by whatever name called, and whether they are medicated,
proprietary, or patented. "Intoxicating liquor" and
"liquor" include wine even if it contains less than 4% of
alcohol by volume, mixed beverages even if they contain less than 4%
of alcohol by volume, cider, alcohol, and all solids and confections
which contain any alcohol.
|
| (j) |
"Low-alcohol beverage." Any
brewed or fermented malt product or any product made from the
fermented juices of grapes, fruits, or other agricultural products
that contains either no alcohol or less than 0.5% of alcohol by
volume. The beverages described in this definition do not include a
soft drink such as root beer, birch beer, or ginger beer.
|
| (k) |
"Manufacture." All processes by
which beer or intoxicating liquor is produced, whether by
distillation, rectifying, fortifying, blending, fermentation,
brewing, or in any other manner.
|
| (l) |
"Manufacturer." Any person engaged
in the business of manufacturing beer or intoxicating liquor.
|
| (m) |
"Mixed beverages." Bottled and
prepared cordials, cocktails, and highballs, produced by mixing any
type of whiskey, neutral spirits, brandy, gin or other distilled
spirits with, or over, carbonated or plain water, pure juices from
flowers and plants, and other flavoring materials. The completed
product shall contain not less than 0.5% of alcohol by volume and
not more than 21% of alcohol by volume.
|
| (n) |
"Nightclub." A place habitually
operated for profit, where food is served for consumption on the
premises, and one or more forms of amusement are provided or
permitted for a consideration that may be in the form of a cover
charge or may be included in the price of the food and beverages, or
both, purchased by patrons.
|
| (o) |
"Person." Includes firms and
corporations.
|
| (p) |
"Pharmacy." An establishment as
defined in Ohio R.C. 4729.01, that is under the management or
control of a licensed pharmacist in accordance with Ohio R.C.
4729.27.
|
| (q) |
"Restaurant." A place located in a
permanent building provided with space and accommodations wherein,
in consideration of the payment of money, hot meals are habitually
prepared, sold, and served at noon and evening, as the principal
business of the place. The term does not include pharmacies,
confectionery stores, lunch stands, nightclubs, and filling
stations.
|
| (r) |
"Sale" and "sell." The
exchange, barter, gift, offer for sale, sale, distribution, and
delivery of any kind, and the transfer of title or possession of
beer and intoxicating liquor either by constructive or actual
delivery by any means or devices whatever, including the sale of
beer or intoxicating liquor by means of a controlled access alcohol
and beverage cabinet pursuant to Ohio R.C. 4301.21. Such terms do
not include the mere solicitation of orders for beer or intoxicating
liquor from the holders of permits issued by the Division of Liquor
Control authorizing the sale of the beer or intoxicating liquor, but
no solicitor shall solicit any orders until the solicitor has been
registered with the Division pursuant to Ohio R.C. 4303.25.
|
| (s) |
"Sales area or territory." An
exclusive geographic area or territory that is assigned to a
particular A or B permit holder and that either has one or more
political subdivisions as its boundaries or consists of an area of
land with readily identifiable geographic boundaries. "Sales
area or territory" does not include, however, any particular retail
location in an exclusive geographic area or territory that had been
assigned to another A or B permit holder before April 9, 2001.
|
| (t) |
"Sealed container." Any container
having a capacity of not more than 128 fluid ounces, the opening of
which is closed to prevent the entrance of air.
|
| (u) |
"Spirituous liquor." All
intoxicating liquors containing more than 21% of alcohol by volume.
|
| (v) |
"Vehicle." All means of
transportation by land, by water, or by air, and everything made use
of in any way for such transportation.
|
| (w) |
"Wholesale distributor" and
"distributor." A person engaged in the business of selling to
retail dealers for purposes of resale.
|
| (x) |
"Wine." All liquids fit to use for
beverage purposes containing not less than 0.5% of alcohol by volume
and not more than 21% of alcohol by volume, which is made from the
fermented juices of grapes, fruits, or other agricultural products.
Except as provided in Ohio R.C. 4301.01(B)(3), the term does not
include cider.
(ORC 4301.01) |
612.02 SALES TO UNDERAGE PERSONS; PROHIBITIONS
AND MISREPRESENTATIONS.
| (a) |
Except as otherwise provided in this
chapter or in Ohio R.C. Chapter 4301, no person shall sell beer or
intoxicating liquor to an underage person, shall buy beer or
intoxicating liquor for an underage person, or shall furnish it to
an underage person unless given by a physician in the regular line
of the physician's practice or given for established religious
purposes or unless the underage person is supervised by a parent,
spouse who is not an underage person, or legal guardian. In
proceedings before the Liquor Control Commission, no permit holder,
or no employee or agent of a permit holder, charged with a violation
of this division shall be charged, for the same offense, with a
violation of Ohio R.C. 4301.22(A)(1) or a substantially equivalent
municipal ordinance.
|
| (b) |
No person who is the owner or occupant of
any public or private place shall knowingly allow any underage
person to remain in or on the place while possessing or consuming
beer or intoxicating liquor, unless the intoxicating liquor or beer
is given to the person possessing or consuming it by that person's
parent, spouse who is not an underage person, or legal guardian and
the parent, spouse who is not an underage person, or legal guardian
is present at the time of the person's possession or consumption of
the beer or intoxicating liquor. An owner of a public or private
place is not liable for acts or omissions in violation of this
division that are committed by a lessee of that place, unless the
owner authorizes or acquiesces in the lessee's acts or omissions.
|
| (c) |
No person shall engage or use
accommodations at a hotel, inn, cabin, campground, or restaurant
when the person knows or has reason to know either of the following:
|
|
| (1) |
That beer or intoxicating liquor
will be consumed by an underage person on the premises of
the accommodations that the person engages or uses, unless
the person engaging or using the accommodations is the
spouse of the underage person and who is not an underage
person, or is the parent or legal guardian of all of the
underage persons, who consume beer or intoxicating liquor on
the premises and that person is on the premises at all times
when beer or intoxicating liquor is being consumed by an
underage person. |
| (2) |
That a drug of abuse will be
consumed on the premises of the accommodations by any
person, except a person who obtained the drug of abuse
pursuant to a prescription issued by a licensed health
professionals authorized to prescribe drugs and has the drug
of abuse in the original container in which it was dispensed
to the person.
|
|
| (d) |
| (1) |
No person is required to permit
the engagement of accommodations at any hotel, inn, cabin,
or campground by an underage person or for an underage
person, if the person engaging the accommodations knows or
has reason to know that the underage person is intoxicated,
or that the underage person possesses any beer or
intoxicating liquor and is not supervised by a parent,
spouse who is not an underage person, or legal guardian who
is or will be present at all times when the beer or
intoxicating liquor is being consumed by the underage
person. |
| (2) |
No underage person shall
knowingly engage or attempt to engage accommodations at any
hotel, inn, cabin, or campground by presenting
identification that falsely indicates that the underage
person is 21 years of age or older for the purpose of
violating this section.
|
|
| (e) |
| (1) |
No underage person shall
knowingly order, pay for, share the cost of, attempt to
purchase, possess, or consume any beer or intoxicating
liquor in any public or private place. No underage person
shall knowingly be under the influence of any beer or
intoxicating liquor in any public place. The prohibitions
set forth in this division against an underage person
knowingly possessing, consuming, or being under the
influence of any beer or intoxicating liquor shall not apply
if the underage person is supervised by a parent, spouse who
is not an underage person, or legal guardian, or the beer or
intoxicating liquor is given by a physician in the regular
line of the physician's practice or given for established
religious purposes. |
| (2) |
| A. |
If a person is charged
with violating division (e)(1) of this section in a
complaint filed under Ohio R.C. 2151.27, the court
may order the child into a diversion program
specified by the court and hold the complaint in
abeyance pending successful completion of the
diversion program. A child is ineligible to enter
into a diversion program under this division if the
child previously has been diverted pursuant to this
division. If the child completes the diversion
program to the satisfaction of the court, the court
shall dismiss the complaint and order the child's
record in the case sealed under Ohio R.C. 2151.356
through 2151.358. If the child fails to
satisfactorily complete the diversion program, the
court shall proceed with the complaint. |
| B. |
If a person is charged in
a criminal complaint with violating division (e)(1)
of this section, Ohio R.C. 2935.36 shall apply to
the offense, except that a person is ineligible for
diversion under that section if the person
previously has been diverted pursuant to divisions
(e)(2)A. or (e)(2)B. of this section. If the person
completes the diversion program to the satisfaction
of the court, the court shall dismiss the complaint
and order the record in the case sealed under Ohio
R.C. 2953.52. If the person fails to satisfactorily
complete the diversion program, the court shall
proceed with the complaint.
|
|
|
| (f) |
No parent, spouse who is not an underage
person, or legal guardian of a minor shall knowingly permit the
minor to violate this section or Ohio R.C. 4301.63, 4301.633, or
4301.634, or any substantially equivalent municipal ordinance.
|
| (g) |
The operator of any hotel, inn, cabin, or
campground shall make the provisions of this section available in
writing to any person engaging or using accommodations at the hotel,
inn, cabin, or campground.
|
| (h) |
For the purpose of this section, the
following definitions shall apply unless the context clearly
indicates or requires a different meaning.
|
|
| (1) |
"Drug of abuse" has the same
meaning as in Ohio R.C. 3719.011. |
| (2) |
"Hotel" has the same meaning
as in Ohio R.C. 3731.01. |
| (3) |
"Licensed health
professional authorized to prescribe drugs" and
Aprescription" have the same meanings as in Ohio R.C.
4729.01. |
| (4) |
"Minor" means a person under
the age of 18 years. |
| (5) |
"Underage person" means a
person under the age of 21 years.
(ORC 4301.69)
|
|
| (i) |
Except as otherwise provided in this
chapter or in Ohio R.C. Chapter 4301, no person under the age of 21
years shall purchase beer or intoxicating
liquor. (ORC 4301.63)
|
| (j) |
(Editor's note: Division (j) was repealed
because substantially equivalent State law, Ohio R.C. 4301.632, was
repealed in 2002.)
|
| (k) |
Except as otherwise provided in this
chapter or in Ohio R.C. Chapter 4301, no person shall knowingly
furnish any false information as to the name, age, or other
identification of any person under 21 years of age, for the purpose
of obtaining, or with the intent to obtain, beer or intoxicating
liquor for a person under 21 years of age, by purchase, or as a
gift. (ORC 4301.633)
|
| (l) |
Except as otherwise provided in this
chapter or in Ohio R.C. Chapter 4301, no person under the age of 21
years shall knowingly show or give false information concerning his
or her name, age, or other identification for the purpose of
purchasing or otherwise obtaining beer or intoxicating liquor in any
place in this municipality where beer or intoxicating liquor is sold
under a permit issued by the Division of Liquor Control, or sold by
the Division of Liquor
Control. (ORC
4301.634)
|
| (m) |
Whoever violates division (a) of this
section is guilty of a misdemeanor, shall be fined not less than
five hundred dollars ($500.00) nor more than one thousand dollars
($1,000.00), and in addition to the fine, may be imprisoned for a
definite term of not more than six
months. (ORC
4301.99(I))
|
| (n) |
Whoever violates division (b), (c), (d),
(e)(1), (f), (g) or (k) of this section is guilty of a misdemeanor
of the first degree. If an offender who violates division (e)(1) of
this section was under the age of 18 years at the time of the
offense and the offense occurred while the offender was the operator
of or a passenger in a motor vehicle, the court, in addition to any
other penalties it imposes upon the offender, shall suspend the
offender's temporary instruction permit or probationary driver's
license for a period of six months. If the offender is 15 years and
six months of age or older and has not been issued a temporary
instruction permit or probationary driver's license, the offender
shall not be eligible to be issued such a license or permit for a
period of six months. If the offender has not attained the age of 15
years and six months, the offender shall not be eligible to be
issued a temporary instruction permit until the offender attains the
age of 16
years.
(ORC 4301.99(C))
|
| (o) |
Whoever violates division (i) of this
section shall be fined not less than twenty-five dollars ($25.00)
nor more than one hundred dollars ($100.00). The court imposing a
fine for a violation of this section may order that the fine be paid
by the performance of public work at a reasonable hour rate
established by the court. The court shall designate the time within
which the public work shall be
completed. (ORC
4301.99(E))
|
| (p) |
(Editor's note: Division (p) was repealed
because the penalty for a substantially equivalent State law, Ohio
R.C. 4301.632, was repealed in 2002.)
|
| (q) |
| (1) |
Whoever violates division (l) of
this section is guilty of a misdemeanor of the first degree.
If, in committing a first violation of division (l), the
offender presented to the permit holder or his or her
employee or agent a false, fictitious, or altered
identification card, a false or fictitious driver's license
purportedly issued by any state, or a driver's license
issued by any state that has been altered, the offender is
guilty of a misdemeanor of the first degree and shall be
fined not less than two hundred fifty dollars ($250.00) and
not more than one thousand dollars ($1,000.00), and may be
sentenced to a term of imprisonment of not more than six
months. |
| (2) |
On a second violation in which,
for the second time, the offender presented to the permit
holder or his or her employee or agent a false, fictitious,
or altered identification card, a false or fictitious driver's
license purportedly issued by any state, or a driver's
license issued by any state that has been altered, the
offender is guilty of a misdemeanor of the first degree and
shall be fined not less than five hundred dollars ($500.00)
nor more than one thousand dollars ($1,000.00), and may be
sentenced to a term of imprisonment of not more than six
months. The court also may impose a class seven suspension
of the offender's driver's or commercial driver's license or
permit or nonresident operation privilege from the range
specified in Ohio R.C. 4510.02(A)(7). |
| (3) |
On a third or subsequent
violation in which, for the third or subsequent time, the
offender presented to the permit holder or his or her
employee or agent a false, fictitious, or altered
identification card, a false or fictitious driver's license
purportedly issued by any state, or a driver's license
issued by any state that has been altered, the offender is
guilty of a misdemeanor of the first degree and shall be
fined not less than five hundred dollars ($500.00) nor more
than one thousand dollars ($1,000.00), and may be sentenced
to a term of imprisonment of not more than six months. The
court also shall impose a class six suspension of the
offender's driver's or commercial driver's license or permit
or nonresident operating privilege from the range specified
in Ohio R.C. 4510.02(A)(6), and the court may order that the
suspension or denial remain in effect until the offender
attains the age of 21 years. The court also may order the
offender to perform a determinate number of hours of
community service, with the court determining the actual
number of hours and the nature of the community service the
offender shall
perform.
(ORC 4301.99(F))
|
|
612.03 SALES TO INTOXICATED PERSONS.
| (a) |
No permit holder and no agent or employee
of a permit holder shall sell or furnish beer or intoxicating liquor
to an intoxicated
person.
(ORC 4301.22(B))
|
| (b) |
Whoever violates any of the provisions of
this section is guilty of a misdemeanor of the third
degree. (ORC
4301.99(D), (H))
|
612.04 CONSUMPTION IN MOTOR VEHICLE.
| (a) |
No person shall consume any beer or
intoxicating liquor in a motor vehicle. This section does not apply
to persons described in Ohio R.C. 4301.62(D) or a substantially
equivalent municipal ordinance.
(ORC 4301.64)
|
| (b) |
Whoever violates this section is guilty
of a misdemeanor of the fourth degree. If an offender who violates
this section was under the age of 18 years at the time of the
offense, the court, in addition to any other penalties it imposes
upon the offender, shall suspend the offender's temporary
instruction permit, probationary driver's license or driver's
license for a period of not less than six months and not more than
one year. If the offender is 15 years and six months of age or older
and has not been issued a temporary instruction permit or
probationary driver's license, the offender shall not be eligible to
be issued such a license or permit for a period of six months. If
the offender has not attained the age of 15 years and six months,
the offender shall not be eligible to be issued a temporary
instruction permit until the offender attains the age of 16 years.
(ORC 4301.99(B)) |
612.05 PERMIT REQUIRED.
| (a) |
No person personally or by the person's
clerk, agent, or employee, shall manufacture, manufacture for
sale, offer, keep, or possess for sale, furnish or sell, or
solicit the purchase or sale of any beer or intoxicating liquor
in this State, or transport, import, or cause to be transported
or imported any beer, intoxicating liquor, or alcohol in or into
this municipality for delivery, use or sale, unless the person
has fully complied with Ohio R.C. Chapters 4301 and 4303 or is
the holder of a permit issued by the Division of Liquor Control
and in force at the time.
(ORC 4303.25)
|
| (b) |
Whoever violates this section is
guilty of a minor misdemeanor. A separate offense shall be
deemed committed each day during or on which a violation occurs
or continues. |
612.06 POSTING AGE AND FIREARM WARNING SIGNS.
| (a) |
| (1) |
Except as otherwise provided
in Ohio R.C. 4301.691, every place in this municipality
where beer, intoxicating liquor, or any low-alcohol
beverage is sold for beverage purposes shall display at
all times, in a prominent place on the premises thereof,
a printed card, which shall be furnished by the Division
of Liquor Control and which shall read substantially as
follows: |
|
|
|
WARNING TO PERSONS UNDER AGE
If you are under the age of 21
Under the statutes of the State of Ohio, if you order, pay for, share
the cost of, or attempt to purchase, or possess or consume beer or
intoxicating liquor in any public place, or furnish false information as
to name, age, or other identification, you are subject to a fine of up
to $1,000, or imprisonment up to six months, or both.
If you are under the age of 18
Under the statutes of the State of Ohio, if you order, pay for, share
the cost of, or attempt to purchase, or posses or consume, any type of
beer or wine that contains either no alcohol or less than one-half of
one per cent of alcohol by volume in any public place, or furnish false
information as to the name, age, or other identification, you are
subject to a fine of up to $250 or to imprisonment up to 30 days, or
both.
|
|
|
| (2) |
No person shall be subject to any criminal prosecution or any
proceedings before the Department or the Liquor Control Commission for
failing to display this card. No permit issued by the Department shall
be suspended, revoked, or canceled because of the failure of the permit
holder to display this card.
|
|
| (b) |
| (1) |
Every place in this municipality for which a D permit has
been issued under Ohio R.C. Chapter 4303 shall be issued a printed card
by the Division of Liquor Control that shall read substantially as
follows: |
|
|
WARNING
If you are carrying a firearm
Under the statutes of Ohio, if you possess a firearm in any room in
which liquor is being dispensed in premises for which a D permit has
been issued under Chapter 4303 of the Revised Code, you may be guilty of
a felony and may be subjected to a prison term of up to one year. |
|
|
| (2) |
No person shall be subject to any criminal prosecution or any
proceedings before the Division of Liquor Control or the Liquor Control
Commission for failing to display this card. No permit issued by the
Department shall be suspended, revoked, or canceled because of the
failure of the permit holder to display this card.
(ORC 4301.637)
|
|
| (c) |
Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4301.70, 4301.99(A))
|
612.07 OPEN CONTAINER PROHIBITED.
| (a) |
As used in this section:
|
|
| (1) |
"Chauffeured limousine" means a vehicle registered under Ohio R.C.
4503.24. |
| (2) |
"Street,"
"highway," and "motor vehicle" have the same meanings as
in Ohio R.C. 4511.01.
|
|
| (b) |
No person shall have in his or her possession an opened container
of beer or intoxicating liquor in any of the following circumstances:
|
|
| (1) |
In a liquor store; |
| (2) |
Except as provided in division (c) of this section, on the premises
of the holder of any permit issued by the Division of Liquor Control; |
| (3) |
In any other public place; |
| (4) |
Except as provided in division (d) of this section while operating
or being a passenger in or on a motor vehicle on any street, highway, or
other public or private property open to the public for purposes of
vehicular travel or parking; |
| (5) |
Except as provided in division (d) of this section while being in or
on a stationary motor vehicle on any street, highway, or other public or
private property open to the public for purposes of vehicular travel or
parking.
|
|
| (c) |
| (1) |
A person may have in the person's possession an opened container
of any of the following: |
|
| A. |
Beer or intoxicating liquor that has been lawfully purchased for
consumption on the premises where bought from the holder of an A 1 A, A
2, D 1, D 2, D 3, D 3a, D 4, D 4a, D 5, D 5a, D 5b, D 5c, D 5d, D 5e, D
5f, D 5g, D 5h, D 5i, D 5j, D 5k, D 7, D 8, E, F, F 2, or F 5 permit; |
| B. |
Beer, wine, or mixed beverages served for consumption on the premises
by the holder of an F 3 permit or wine served for consumption on the
premises by the holder of an F 4 or F 6 permit; |
| C. |
Beer or intoxicating liquor consumed on the premises of a convention
facility as provided in Ohio R.C. 4303.201; |
| D. |
Beer or intoxicating liquor to be consumed during tastings and
samplings approved by rule of the Liquor Control Commission. |
|
| (2) |
A person may have in the person's possession on an F liquor permit
premises an opened container of beer or intoxicating liquor that was not
purchased from the holder of the F permit if the premises for which the
F permit is issued is a music festival and the holder of the F permit
grants permission for that possession on the premises during the period
for which the F permit is issued. As used in this division (c)(2),
"music festival" means a series of outdoor live musical performances
extending for a period of at least three consecutive days and located on
an area of land of at least 40 acres. |
| (3) |
| A. |
A person may have in the person's possession on a D 2 liquor
permit premises an opened or unopened container of wine that was not
purchased from the holder of the D 2 permit if the premises for which
the D 2 permit is issued is an outdoor performing arts center, the
person is attending an orchestral performance, and the holder of the D 2
permit grants permission for the possession and consumption of wine in
certain predesignated areas of the premises during the period for which
the D 2 permit is issued. |
| B. |
As used in division (c)(3)A. of this section: |
|
| 1. |
"Orchestral performance" means a concert comprised of a group of not
fewer than 40 musicians playing various musical instruments. |
| 2. |
"Outdoor performing arts center" means an outdoor performing arts
center that is located on not less than 800 acres of land and that is
open for performances from the first day of April to the last day of
October of each year.
|
|
|
|
| (d) |
This section does not apply to a person who pays all or a portion
of the fee imposed for use of a chauffeured limousine pursuant to a
prearranged contract or the guest of the person, when all of the
following apply:
|
|
| (1) |
The person or guest is a passenger in the limousine. |
| (2) |
The person or guest is located in the limousine, but is not
occupying a seat in the front compartment of the limousine where the
operator of the limousine is located. |
| (3) |
The limousine is located on any street, highway, or other public or
private property open to the public for purposes of vehicular travel or
parking.
|
|
| (e) |
An opened bottle of wine that was purchased from the holder of a
permit that authorizes the sale of wine for consumption on the premises
where sold is not an opened container for the purposes of this section
if both of the following apply:
|
|
| (1) |
The opened bottle of wine is securely resealed by the permit
holder or an employee of the permit holder before the bottle is removed
from the premises. The bottle shall be secured in such a manner that it
is visibly apparent if the bottle has been subsequently opened or
tampered with. |
| (2) |
The opened bottle of wine that is resealed in accordance with
division (e)(1) of this section is stored in the trunk of a motor
vehicle or, if the motor vehicle does not have a trunk, behind the last
upright seat or in an area not normally occupied by the driver or
passengers and not easily accessible by the driver.
(ORC 4301.62)
|
|
| (f) |
Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4301.99(A)) |
612.08 HOURS OF SALE OR CONSUMPTION.
| (a) |
This section shall apply to the retail sale of beer, wine, mixed
beverages, or spirituous liquor.
|
| (b) |
No beer, wine, mixed beverages, or spirituous liquor shall be
sold or delivered by an A 1, A 2, B 1, B 2, B 4, B 5, C 1, C 2, C 2X, D
1, D 2, D 2X, D 3 when issued without a D 3A, D 3X, D 4, D 5G, D 5H, D
5K, D 8, F, F 1, F 2, F 3, F 4, F 5, F 6, G, or I permit holder:
|
|
| (1) |
From Monday to Saturday between the hours of 1:00 a.m. and 5:30 a.m. |
| (2) |
On Sunday between the hours of 1:00 a.m. and Sunday midnight, unless
statutorily authorized otherwise. |
| (3) |
Consumption of beer, wine, mixed beverages, or spirituous liquor is
also prohibited during the above hours upon the premises of the above
permit holders who are authorized by their permit to sell beer, wine,
mixed beverages, or spirituous liquor for on premises consumption.
|
|
| (c) |
No beer, wine, mixed beverages, or spirituous liquor shall be
sold or delivered by an A 1A, D 3 when issued with a D 3A, D 4A, D 5, D
5A, D 5B, D 5C, D 5D, D 5E, D 5F, D 5I, D 5J, or D 7 permit holder:
|
|
| (1) |
From Monday to Saturday between the hours of 2:30 a.m. and 5:30 a.m. |
| (2) |
On Sunday between the hours of 2:30 a.m. and Sunday midnight, unless
statutorily authorized otherwise. |
| (3) |
Consumption of beer, wine, mixed beverages, or spirituous liquor is
also prohibited during the above hours upon the premises of the above
permit holders who are authorized by their permit to sell beer, wine,
mixed beverages, or spirituous liquor for on premises consumption.
|
|
| (d) |
Permit holders authorized to sell beer, wine, mixed beverages, or
spirituous liquor at retail who are not specifically identified in
divisions (b) or (c) above shall be subject to the provisions of
division (b), unless statutorily authorized otherwise.
|
| (e) |
The hours on Sunday during which sales, delivery, or consumption
of alcoholic beverages may take place are established by statute, but in
no event shall they begin prior to 5:30 a.m.
(O.A.C. 4301:1 1 49)
|
| (f) |
No association, corporation, local unit of an association or
corporation, or D permit holder who holds an F 2 permit shall sell beer
or intoxicating liquor beyond the hours of sale allowed by the permit.
This division imposes strict liability on the holder of such permit and
on any officer, agent or employee of such permit holder.
(ORC 4303.202(B))
|
| (g) |
No F 8 permit holder shall sell beer or intoxicating liquor
beyond the hours of sale allowed by the permit. This division imposes
strict liability on the holder of an F 8 permit and on any officer,
agent or employee of that permit holder.
(ORC 4303.208(C))
|
| (h) |
Whoever violates divisions (f) or (g) of this section is guilty
of a misdemeanor of the fourth degree.
(ORC 4303.99(D)) |
612.09 CONVEYING INTOXICATING LIQUOR OR CASH ONTO GROUNDS OF
DETENTION FACILITIES OR OTHER INSTITUTIONS.
| (a) |
No person shall knowingly convey, or attempt to convey, onto the
grounds of a detention facility or of an institution that is under the
control of the Department of Mental Health or the Department of Mental
Retardation and Developmental Disabilities, any of the following items:
|
|
| (1) |
Any deadly weapon or dangerous ordnance, as defined in Ohio R.C.
2923.11, or any part of or ammunition for use in such deadly weapon or
dangerous ordnance. |
| (2) |
Any drug of abuse, as defined in Ohio R.C. 3719.011. |
| (3) |
Any intoxicating liquor, as defined in Ohio R.C. 4301.01.
|
|
| (b) |
Division (a) of this section does not apply to any person who
conveys or attempts to convey an item onto the grounds of a detention
facility or of an institution under the control of the Department of
Mental Health or the Department of Mental Retardation and Developmental
Disabilities, with written authorization of the person in charge of the
detention facility or the institution and in accordance with the written
rules of the detention facility or the institution.
|
| (c) |
No person shall knowingly deliver, or attempt to deliver, to any
person who is confined in a detention facility or to any patient in an
institution under the control of the Department of Mental Health or the
Department of Mental Retardation and Developmental Disabilities, any
item listed in division (a).
|
| (d) |
No person shall knowingly deliver or attempt to deliver cash to
any person who is confined in a detention facility.
|
| (e) |
No person shall knowingly deliver, or attempt to deliver, to any
person who is confined in a detention facility a cellular telephone,
two-way radio, or other electronic communications device.
|
| (f) |
| (1) |
It is an affirmative defense to a charge under division (a)(1)
of this section that the weapon or dangerous ordnance in question was
being transported in a motor vehicle for any lawful purpose, that it was
not on the actor's person, and if the weapon or dangerous ordnance was a
firearm, that it was unloaded and was being carried in a closed package,
box or case or in a compartment that can be reached only by leaving the
vehicle. |
| (2) |
It is an affirmative defense to a charge under division (c) of this
section that the actor was not otherwise prohibited by law from
delivering the item to the confined person or the patient and that
either of the following applies: |
|
| A. |
The actor was permitted by the written rules of the detention
facility or the institution to deliver the item to the confined person
or the patient. |
| B. |
The actor was given written authorization by the person in charge of
the detention facility or the institution to deliver the item to the
confined person or the patient.
|
|
|
| (g) |
| (1) |
Whoever violates division (a)(1) of this section or commits a
violation of division (c) of this section involving any item listed in
division (a)(1) of this section is guilty of illegal conveyance of
weapons onto the grounds of a detention facility or a mental health or
mental retardation and developmental disabilities institution, a felony
to be prosecuted under appropriate State law. |
| (2) |
Whoever violates division (a)(2) of this section or commits a
violation of division (c) of this section involving any drug of abuse is
guilty of illegal conveyance of drugs of abuse onto the grounds of a
detention facility or a mental health or mental retardation and
developmental disabilities institution, a felony to be prosecuted under
appropriate State law. |
| (3) |
Whoever violates division (a)(3) of this section or commits a
violation of division (c) of this section involving any intoxicating
liquor is guilty of illegal conveyance of intoxicating liquor onto the
grounds of a detention facility or a mental health or mental retardation
and developmental disabilities institution, a misdemeanor of the second
degree. |
| (4) |
Whoever violates division (d) of this section is guilty of illegal
conveyance of cash onto the grounds of a detention facility, a
misdemeanor of the first degree. If the offender previously has been
convicted of or pleaded guilty to a violation of division (d) of this
section or a substantially equivalent State law or municipal ordinance,
illegal conveyance of cash onto the grounds of a detention facility is a
felony to be prosecuted under appropriate State law. |
| (5) |
Whoever violates division (e) of this section is guilty of illegal
conveyance of a communications device onto the grounds of a detention
facility, a misdemeanor of the first degree. If the offender previously
has been convicted or pleaded guilty to a violation of division (e) of
this section or a substantially equivalent State law or municipal
ordinance, illegal conveyance of a communications device onto the
grounds of a detention facility is a felony to be prosecuted under
appropriate State law.
(ORC 2921.36) |
|
C
612.10 SALES OF LOW ALCOHOL BEVERAGES TO UNDERAGE PERSONS;
PROHIBITIONS AND MISREPRESENTATIONS.
| (a) |
As used in this section,
"underage person" means a person under 18 years of age.
|
| (b) |
No underage person shall purchase any
low-alcohol beverage.
|
| (c) |
No underage person shall order, pay
for, share the cost of, or attempt to purchase any low-alcohol
beverage.
|
| (d) |
No person shall knowingly furnish any
false information as to the name, age, or other identification
of any underage person for the purpose of obtaining or with the
intent to obtain any low-alcohol beverage for an underage
person, by purchase or as a gift.
|
| (e) |
No underage person shall knowingly
show or give false information concerning his or her name, age,
or other identification for the purpose of purchasing or
otherwise obtaining any low-alcohol beverage in any place in
this Municipality.
|
| (f) |
No person shall sell or furnish any
low-alcohol beverage to, or buy any low-alcohol beverage for, an
underage person, unless given by a physician in the regular line
of his or her practice or given for established religious
purposes, or unless the underage person is accompanied by a
parent, spouse who is not an underage person, or legal guardian.
|
| (g) |
| (1) |
No person who is the owner or
occupant of any public or private place shall knowingly
allow any underage person to remain in or on the place
while possessing or consuming any low-alcohol beverage,
unless the low-alcohol beverage is given to the person
possessing or consuming it by that person's parent,
spouse who is not an underage person, or legal guardian,
and the parent, spouse who is not an underage person, or
legal guardian is present when the person possesses or
consumes the low-alcohol beverage. |
| (2) |
An owner of a public or
private place is not liable for acts or omissions in
violation of division (g)(1) that are committed by a
lessee of that place, unless the owner authorizes or
acquiesces in the lessee's acts or omissions.
|
|
| (h) |
No permit issued by the Division of
Liquor Control shall be suspended, revoked, or cancelled because
of a violation of either division (f) or (g).
|
| (i) |
No underage person shall knowingly
possess or consume any low-alcohol beverage in any public or
private place, unless he or she is accompanied by a parent,
spouse who is not an underage person, or legal guardian, or
unless the low-alcohol beverage is given by a physician in the
regular line of his or her practice or given for established
religious purposes.
|
| (j) |
No parent, spouse who is not an
underage person, or legal guardian of an underage person shall
knowingly permit the underage person to violate this section. (ORC
4301.631)
|
| (k) |
No low-alcohol beverage shall be sold
to any person under 18 years of age. (ORC 4301.22(A)(2))
|
| (l) |
Whoever violates division (b) of this
section shall be fined not less than twenty-five dollars
($25.00) nor more than one hundred dollars ($100.00). The court
imposing a fine for a violation of division (b) of this section
may order that the fine be paid by the performance of public
work at a reasonable hour rate established by the court. The
court shall designate the time within which the public work
shall be completed. (ORC 4301.99(E))
|
| (m) |
Whoever violates divisions (c)
through (k) hereof is guilty of a misdemeanor of the fourth
degree. (ORC 4301.99(B))
|
612.11 ALCOHOL VAPORIZING DEVICES PROHIBITED.
| (a) |
As used in this section,
"alcohol vaporizing device" means a machine or other device
that mixes beer or intoxicating liquor with pure oxygen or any
other gas to produce a vaporized product for the purpose of
consumption by inhalation.
|
| (b) |
No person shall sell or offer for
sale an alcohol vaporizing device.
|
| (c) |
No person shall purchase or use an
alcohol vaporizing device. (ORC 4301.65)
|
| (d) |
| (1) |
Whoever violates division (b)
of this section is guilty of misdemeanor of the third
degree. For a second or subsequent violation occurring
within a period of five consecutive years after the
first violation, a person is guilty of a misdemeanor of
the first degree. (ORC 4301.99(J)) |
| (2) |
Whoever violates division (c)
of this section is guilty of a minor misdemeanor. (ORC
4301.99(A)) |
|
CHAPTER 618 Animals
618.01 Dogs and other animals
running at large; dangerous and vicious dogs.
618.02 Abandoning animals.
618.03 Killing or injuring animals.
618.04 Poisoning animals.
618.05 Cruelty to animals; cruelty to companion
animals.
618.06 Coloring rabbits and baby poultry; sale or
display of poultry.
618.07 Barking or howling dogs.
618.08 Registration of dogs required.
618.09 Hindering capture of unregistered
dog.
618.095 Dogs required to wear tags.
618.10 Unlawful tags.
618.11 Rabies quarantine.
618.12 Hunting prohibited.
618.13 Nuisance conditions prohibited.
618.14 Impounding and disposition; records.
618.15 Reporting escapes.
CROSS REFERENCES
See section histories for similar State law Power to restrain and
impound animals see Ohio R.C. 715.23
Driving animals upon roadway see TRAF.
404.05, 412.05
Definitions generally see GEN. OFF. 606.01
Assaulting police dog or horse or assistance dog see GEN. OFF. 642.12
Offensive odors from places where animals are kept or fed see GEN. OFF. 660.04
618.01 DOGS AND OTHER ANIMALS RUNNING AT
LARGE; DANGEROUS AND VICIOUS DOGS.
| (a) |
For the purpose of this section, the
following definitions shall apply unless the context clearly
indicates or requires a different meaning.
|
|
| (1) |
"Dangerous dog." A dog
that, without provocation, and subject to the following
sentence, has chased or approached in either a menacing
fashion or an apparent attitude of attack, or has
attempted to bite or otherwise endanger any person while
that dog is off the premises of its owner, keeper or
harborer or some other responsible person, or not
physically restrained or confined in a locked pen which
has a top, locked fenced yard, or other locked enclosure
which has a top. ADangerous dog" does not include a
police dog that has chased or approached in either a
menacing fashion or an apparent attitude of attack, or
has attempted to bite or otherwise endanger any person
while the police dog is being used to assist law
enforcement officers in the performance of their
official duties. |
| (2) |
"Menacing fashion." A
dog that would cause any person being chased or
approached to reasonably believe that the dog will cause
physical injury to that person. |
| (3) |
"Police dog." A dog that
has been trained and may be used to assist one or more
law enforcement officers in the performance of their
official duties. |
| (4) |
"Vicious dog." |
|
| A. |
A dog that, without
provocation and subject to division B. of this
definition, meets any of the following
criteria: |
|
| 1. |
Has killed or
caused serious injury to any person; |
| 2. |
Has caused
injury, other than killing or serious
injury, to any person, or has killed
another dog |
| 3. |
Belongs to a
breed that is commonly known as a pit
bull dog. The ownership, keeping, or
harboring of such a breed of dog shall
be prima facie evidence of the
ownership, keeping or harboring of a
vicious dog. |
|
| B. |
"Vicious dog"
does not include either of the following: |
|
| 1. |
A police dog
that has killed or caused serious injury
to any person or that has caused injury,
other than killing or serious injury, to
any person while the police dog is being
used to assist law enforcement officers
in the performance of their official
duties. |
| 2. |
A dog that
has killed or caused serious injury to
any person while a person was committing
or attempting to commit a trespass or
other criminal offense on the property
of the owner, keeper or harborer of the
dog. |
|
|
| 5. |
"Without provocation." A
dog acts "without provocation" when it was not
teased, tormented, or abused by a person, or it was not
coming to the aid or the defense of a person who was not
engaged in illegal or criminal activity and who was not
using the dog as a means of carrying out such activity.
(ORC 955.11(A))
|
|
| (b) |
A person who is the owner or has
charge of any animal shall not permit it to run at large in the
public road, highway, street, lane, or alley, or upon unenclosed
land, or permit them to go upon any private yard, lot, or
enclosure without the consent of the owner of the yard, lot, or
enclosure.
|
| (c) |
No person shall cause animals to be
herded, kept, or detained for the purpose of grazing on premises
other than those owned or occupied by the owner or keeper
thereof without the consent of the owner of the premises.
|
| (d) |
The running at large of such animal
in or upon any of the places mentioned in divisions (b) and (c)
above is prima facie evidence that it is running at large in
violation of this section. (ORC 951.01, 951.02)
|
| (e) |
No owner, keeper, or harborer of any
female dog shall permit it to go beyond the premises of the
owner, keeper, or harborer at any time the dog is in heat unless
the dog is properly in leash.
|
| (f) |
Except when a dog is lawfully engaged
in hunting and accompanied by the owner, keeper, harborer, or
handler of the dog, no owner, keeper, or harborer of any dog
shall fail at any time to do either of the following:
|
|
| (1) |
Keep the dog physically
confined or restrained upon the premises of the owner,
keeper, or harborer by a leash, tether, adequate fence,
supervision, or secure enclosure to prevent escape; |
| (2) |
Keep the dog under the
reasonable control of some person.
|
|
| (g) |
Except when a dangerous or vicious
dog is lawfully engaged in hunting or training for the purpose
of hunting and is accompanied by the owner, keeper, harborer, or
handler of the dog, no owner, keeper, or harborer of a dangerous
or vicious dog shall fail to do either of the following: (1)
While the dog is on the premises of the owner, keeper, or
harborer, securely confine it at all times in a locked pen that
has a top, locked fenced yard, or other locked enclosure that
has a top, except that a dangerous dog may, in the alternative,
be tied with a leash or tether so that the dog is adequately
restrained. (2) While the dog is off the premises of the owner,
keeper, or harborer, keep that dog on a chain-link leash or
tether that is not more than six feet in length and additionally
do at least one of the following: keep the dog in a locked pen
that has a top, locked fenced yard, or other locked enclosure
that has a top; have the leash or tether controlled by a person
who is of suitable age and discretion or securely attach, tie,
or affix the leash or tether to the ground or a stationary
object or fixture so that the dog is adequately restrained and
station a person in close enough proximity to that dog so as to
prevent it from causing injury to any person; or muzzle that
dog.
|
| (h) |
No owner, keeper, or harborer of a
vicious dog shall fail to obtain liability insurance with an
insurer authorized to write liability insurance in this State
providing coverage in each occurrence, subject to a limit,
exclusive of interest and costs, of not less than one hundred
thousand dollars ($100,000.00) because of damage or bodily
injury to or death of a person caused by the vicious dog.
|
| (i) |
No person shall do any of the
following:
|
|
| (1) |
Debark or surgically silence
a dog that the person knows or has reason to believe is
a vicious dog; |
| (2) |
Possess a vicious dog if the
person knows or has reason to believe that the dog has
been debarked or surgically silenced; |
| (3) |
Falsely attest on a waiver
form provided by the veterinarian under division (j) of
this section that the person's dog is not a vicious dog
or otherwise provide false information on that written
waiver form.
|
|
| (j) |
Before a veterinarian debarks or
surgically silences a dog, the veterinarian may give the owner
of the dog a written waiver form that attests that the dog is
not a vicious dog. The written waiver form shall include all of
the following:
|
|
| (1) |
The veterinarian's license
number and current business address; |
| (2) |
The number of the license of
the dog if the dog is licensed; |
| (3) |
A reasonable description of
the age, coloring, and gender of the dog as well as any
notable markings on the dog; |
| (4) |
The signature of the owner of
the dog attesting that the owner's dog is not a vicious
dog; (5) A statement that Ohio R.C. 955.22(F) prohibits
any person from doing any of the following: |
|
| A. |
Debarking or
surgically silencing a dog that the person knows
or has reason to believe is a vicious dog; |
| B. |
Possessing a vicious
dog if the person knows or has reason to believe
that the dog has been debarked or surgically
silenced; |
| C. |
Falsely attesting on
a waiver form provided by the veterinarian under
Ohio R.C. 955.22(G) that the person's dog is not
a vicious dog or otherwise provide false
information on that written waiver form. |
|
|
|
|
| (k) |
It is an affirmative defense to a
charge of a violation of division (i) of this section that the
veterinarian who is charged with the violation obtained, prior
to debarking or surgically silencing the dog, a written waiver
form that complies with division (j) of this section and that
attests that the dog is not a vicious dog. (ORC 955.22)
|
| (l) |
Whoever violates divisions (b) or (c)
of this section is guilty of a misdemeanor of the fourth degree.
(ORC 951.99)
|
| (m) |
| (1) |
Whoever violates divisions
(e) or (f) of this section shall be fined not less than
twenty-five dollars ($25.00) or more than one hundred
dollars ($100.00 on a first offense; and on each
subsequent offense, shall be fined not less than
seventy-five dollars ($75.00) or more than two hundred
fifty dollars ($250.00) and may be imprisoned for not
more than 30 days. |
| (2) |
In addition to the penalties
prescribed in division (m)(1) above, if the offender is
guilty of a violation of division (e) or (f) of this
section, the court may order the offender to personally
supervise the dog that the offender owns, keeps, or
harbors, to cause that dog to complete dog obedience
training, or to do both.
|
|
| (n) |
| (1) |
If a violation of division
(g) of this section involves a dangerous dog, whoever
violates that division (g) is guilty of a misdemeanor of
the fourth degree on a first offense and of a
misdemeanor of the third degree on each subsequent
offense. Additionally, the court may order the offender
to personally supervise the dangerous dog that the
offender owns, keeps, or harbors, to cause that dog to
complete dog obedience training, or to do both, and the
court may order the offender to obtain liability
insurance pursuant to division (h) of this section. The
court, in the alternative, may order the dangerous dog
to be humanely destroyed by a licensed veterinarian, the
county dog warden, or the county humane society. |
| (2) |
If a violation of
division (g) of this section involves a vicious dog,
whoever violates that division (g) is guilty of one of
the following: |
|
| A. |
On a first offense, a
misdemeanor of the first degree if the dog
causes injury other than killing or serious
injury to any person. The person shall be guilty
of a felony on each subsequent offense and shall
be prosecuted under appropriate State law.
Additionally, the court may order the vicious
dog to be humanely destroyed by a licensed
veterinarian, the county dog warden, or the
county humane society. |
| B. |
A felony on a first
or subsequent offense if the dog kills or
seriously injures a person and shall be
prosecuted under appropriate State law.
Additionally, the court shall order that the
vicious dog be humanely destroyed by a licensed
veterinarian, the county dog warden, or the
county humane society.
|
|
|
| (o) |
Whoever violates division (h) of this
section is guilty of a misdemeanor of the first degree.
|
| (p) |
Whoever violates division (i) of this
section is guilty of a felony to be prosecuted under appropriate
State law. Additionally, the court shall order that the vicious
dog be humanely destroyed by as licensed veterinarian, the
County Dog Warden, or the County Humane Society. (ORC 955.99(E)
- (H), (J))
|
618.02 ABANDONING ANIMALS.
| (a) |
No owner or keeper of a dog, cat, or
other domestic animal shall abandon the animal. (ORC 959.01)
|
| (b) |
Whoever violates division (a) of this
section is guilty of a misdemeanor of the second degree on a
first offense and a misdemeanor of the first degree on each
subsequent offense. (ORC 959.99(E)(2)) |
618.03 KILLING OR INJURING ANIMALS.
| (a) |
No person shall maliciously, or
willfully and without the consent of the owner, kill or injure a
dog, cat, or any other domestic animal that is the property of
another. This section does not apply to a licensed veterinarian
acting in an official capacity. (ORC 959.02)
|
| (b) |
Except as otherwise provided in this
division, whoever violates division (a) of this section is
guilty of a misdemeanor of the second degree. If the value of
the animal killed or the injury done amounts to three hundred
dollars ($300.00) or more, whoever violates division (a) of this
section is guilty of a misdemeanor of the first degree. (ORC
959.99(B)) |
618.04 POISONING ANIMALS.
| (a) |
No person shall maliciously, or
willfully and without the consent of the owner, administer
poison, except a licensed veterinarian acting in such capacity,
to a dog, cat, or any other domestic animal that is the property
of another; and no person shall, willfully and without the
consent of the owner, place any poisoned food where it may be
easily found and eaten by any such animal, either upon his or
her own lands or the lands of another. (ORC 959.03)
|
| (b) |
Whoever violates division (a) of this
section is guilty of a misdemeanor of the fourth degree. (ORC
959.99(C))
|
618.05 CRUELTY TO ANIMALS; CRUELTY TO
COMPANION ANIMALS.
| (a) |
No person shall:
|
|
| (1) |
Torture an animal, deprive
one of necessary sustenance, unnecessarily or cruelly
beat, needlessly mutilate or kill, or impound or confine
an animal without supplying it during the confinement
with a sufficient quantity of good wholesome food and
water; |
| (2) |
Impound or confine an animal
without affording it, during the confinement, access to
shelter from wind, rain, snow, or excessive direct
sunlight, if it can reasonably be expected that the
animal would otherwise become sick or in some other way
suffer. This division does not apply to animals
impounded or confined prior to slaughter. For the
purpose of this section, "shelter" means an
artificial enclosure, windbreak, sunshade, or natural
windbreak or sunshade that is developed from the earth's
contour, tree development, or vegetation; |
| (3) |
Carry or convey an animal in
a cruel or inhuman manner; |
| (4) |
Keep animals other than
cattle, poultry or fowl, swine, sheep, or goats in an
enclosure without wholesome exercise and change of air,
nor feed cows on food that produces impure or
unwholesome milk; |
| (5) |
Detain livestock in railroad
cars or compartments longer than 28 hours after they are
so placed without supplying them with necessary food,
water, and attention, nor permit the stock to be so
crowded as to overlie, crush, wound, or kill each other.
|
|
| (b) |
Upon the written request
of the owner or person in custody of any particular shipment of
livestock, which written request shall be separate and apart
from any printed bill of lading or other railroad form, the
length of time in which the livestock may be detained in any
cars or compartment without food, water, and attention may be
extended to 36 hours without penalty therefor. Division (a) of
this section does not prevent the dehorning of cattle.
|
| (c) |
All fines collected for
violations of division (a) of this section shall be paid to the
society or association for the prevention of cruelty to animals,
if there is one in the municipality; otherwise, all fines shall
be paid to the general fund. (ORC 959.13)
|
| (d) |
Cruelty to Companion
Animals. |
|
| (1) |
As used in this section: |
|
| A. |
"Companion
animal" means any animal that is kept inside a
residential dwelling and any dog or cat
regardless of where it is kept. "Companion
animal" does not include livestock or any wild
animal. |
| B. |
"Cruelty,"
"torment," and "torture"
have the same meanings as in Ohio R.C.
1717.01. |
| C. |
"Federal Animal
Welfare Act" means the "Laboratory Animal
Act of 1966," Pub. L. No. 89 544, 80 Stat. 350
(1966), 7 U.S.C. 2131 et seq., as amended by the
"Animal Welfare Act of 1970," Pub. L. No.
91 579, 84 Stat. 1560 (1970), the "Animal
Welfare Act Amendments of 1976," Pub. L. No. 94
279, 90 Stat. 417 (1976), and the "Food
Security Act of 1985," Pub. L. No. 99 198, 99
Stat. 1354 (1985), and as it may be subsequently
amended. |
| D. |
"Practice of
veterinary medicine" has the same meaning as in
Ohio R.C. 4741.01. |
| E. |
"Residential
dwelling" means a structure or shelter or the
portion of a structure or shelter that is used
by one or more humans for the purpose of a
habitation. |
| F. |
"Wild animal"
has the same meaning as in Ohio R.C.
1531.01. |
|
| (2) |
No person shall
knowingly torture, torment, needlessly mutilate or maim,
cruelly beat, poison, needlessly kill, or commit an act
of cruelty against a companion animal. |
| (3) |
No person who
confines or who is the custodian or caretaker of a
companion animal shall negligently do any of the
following: |
|
| A. |
Torture, torment, needlessly
mutilate or maim, cruelly beat, poison,
needlessly kill, or commit an act of cruelty
against the companion animal; |
| B. |
Deprive the companion animal of
necessary sustenance, confine the companion
animal without supplying it during the
confinement with sufficient quantities of good,
wholesome food and water, or impound or confine
the companion animal without affording it,
during the impoundment or confinement, with
access to shelter from heat, cold, wind, rain,
snow, or excessive direct sunlight, if it can
reasonably be expected that the companion animal
would become sick or suffer in any other way as
a result of or due to the deprivation,
confinement, or impoundment or confinement in
any of those specified manners. |
|
| (4) |
Divisions (d)(2)
and (d)(3) of this section do not apply to any of the
following: |
|
| A. |
A companion animal
used in scientific research conducted by an
institution in accordance with the Federal
Animal Welfare Act and related
regulations; |
| B. |
The lawful practice
of veterinary medicine by a person who has been
issued a license, temporary permit, or
registration certificate to do so under Ohio
R.C. Chapter 4741; |
| C. |
Dogs being used or
intended for use for hunting or field trial
purposes, provided that the dogs are being
treated in accordance with usual and commonly
accepted practices for the care of hunting
dogs; |
| D. |
The use of common
training devices, if the companion animal is
being treated in accordance with usual and
commonly accepted practices for the training of
animals; |
| E. |
The administering of
medicine to a companion animal that was properly
prescribed by a person who has been issued a
license, temporary permit, or registration
certificate under Ohio R.C. Chapter 4741. ( |
|
| (5) |
Notwithstanding
any section of the Ohio Revised Code that otherwise
provides for the distribution of fine moneys, the Clerk
of Court shall forward all fines the Clerk collects that
are so imposed for any violation of this division (e) to
the Treasurer of the Municipality, whose county humane
society or law enforcement agency is to be paid the fine
money as determined under this division. The Treasurer
shall pay the fine moneys to the county humane society
or the county, township, municipal corporation, or State
law enforcement agency in this State that primarily was
responsible for or involved in the investigation and
prosecution of the violation. If a county humane society
receives any fine moneys under this division, the county
humane society shall use the fine moneys to provide the
training that is required for humane agents under Ohio
R.C. 1717.06. (ORC 959.131)
|
|
| (e) |
Whoever violates division
(a) of this section is guilty of a misdemeanor of the second
degree. In addition, the court may order the offender to forfeit
the animal or livestock and may provide for its disposition
including, but not limited to, the sale of the animal or
livestock. If an animal or livestock is forfeited and sold
pursuant to this division, the proceeds from the sale first
shall be applied to pay the expenses incurred with regard to the
care of the animal from the time it was taken from the custody
of the former owner. The balance of the proceeds from the sale,
if any, shall be paid to the former owner of the animal. (ORC
959.99(D))
|
| (f) |
| (1) |
Whoever violates division
(d)(2) of this section is guilty of a misdemeanor of the
first degree on a first offense and a felony to be
prosecuted under appropriate State law on each
subsequent offense. |
| (2) |
Whoever violates division
(d)(3) of this section is guilty of a misdemeanor of the
second degree on a first offense and a misdemeanor of
the first degree on each subsequent offense. |
| (3) |
| A. |
A court may order a
person who is convicted of or pleads guilty to a
violation of division (d) of this section to
forfeit to an impounding agency, as defined in
Ohio R.C. 959.132, any or all of the companion
animals in that person's ownership or care. The
court also may prohibit or place limitations on
the person's ability to own or care for any
companion animals for a specified or indefinite
period of time. |
| B. |
A court may order a
person who is convicted of or pleads guilty to a
violation of division (d) of this section to
reimburse an impounding agency for the
reasonably necessary costs incurred by the
agency for the care of a companion animal that
the agency impounded as a result of the
investigation or prosecution of the violation,
provided that the costs were not otherwise paid
under Ohio R.C. 959.132. |
|
| (4) |
If a court has reason to
believe that a person who is convicted of or pleads
guilty to a violation of division (d) of this section
suffers from a mental or emotional disorder that
contributed to the violation, the court may impose as a
community control sanction or as a condition of
probation a requirement that the offender undergo
psychological evaluation or counseling. The court shall
order the offender to pay the costs of the evaluation or
counseling. (ORC 959.99(E)) Statutory reference:
Impoundment of companion animals; notice and hearing,
see Ohio R.C. 959.132 |
|
618.06 COLORING RABBITS AND BABY POULTRY;
SALE OR DISPLAY OF POULTRY.
| (a) |
No person shall dye or otherwise
color any rabbit or baby poultry, including, but not limited to,
chicks and ducklings. No person shall sell, offer for sale,
expose for sale, raffle or give away any rabbit or baby poultry
which has been dyed or otherwise colored. No poultry younger
than four weeks of age may be sold, given away or otherwise
distributed to any person in lots of less than six. Stores,
shops, vendors and others offering young poultry for sale or
other distribution shall provide and operate brooders or other
heating devices that may be necessary to maintain poultry in
good health, and shall keep adequate food and water available to
the poultry at all times. (ORC 925.62)
|
| (b) |
Whoever violates this section is
guilty of a misdemeanor of the fourth degree on a first offense;
each subsequent offense is a misdemeanor of the third degree. (ORC
925.99(B))
|
618.07 BARKING OR HOWLING DOGS.
| (a) |
No person shall own, harbor or keep
in custody a dog which disturbs the peace by barking, yelping,
howling or making other loud noises to the annoyance and/or
discomfort of any person. Continuous barking, yelping, howling
and/or making other loud noises for 15 consecutive minutes by
such dog, whether confined inside a residence or building or to
the outside area, shall be deemed to have disturbed the peace
and to have caused the annoyance and discomfort of persons;
provided, that at the time of the complaint, no person or
persons were trespassing or threatening to trespass upon the
private property of the owner, and provided that the dog was not
being teased or provoked in any manner.
|
| (b) |
Any person who shall allow any dog
habitually to remain, be lodged or fed within any dwelling,
building, yard or enclosure owned or occupied by such person
shall be considered as harboring or keeping such dog.
|
| (c) |
Upon an initial complaint, an
enforcement officer shall warn the person in writing of the
violation. Upon a second such complaint within 30 days, the
enforcement officer shall charge the person with a violation of
this section.
|
| (d) |
Division (A) of this section does not
apply to owners, operators or employees of licensed veterinary
hospitals, licensed kennels, or licensed animal boarding
establishments, nor does this section apply to blind, deaf or
hearing impaired, or mobility impaired persons when the dog
serves as an assistance dog.
|
| (e) |
Whoever violates this section is
guilty of a minor misdemeanor. |
618.08 REGISTRATION OF DOGS REQUIRED.
| (a) |
No owner, keeper, or harborer of a
dog more than three months of age, nor owner of a dog kennel,
shall fail to file an application for registration required by
Ohio R.C. 955.01, nor shall he or she fail to pay the legal fee
therefor. (ORC 955.21)
|
| (b) |
Whoever violates this section shall
be fined not less than twenty-five dollars ($25.00) nor more
than one hundred dollars ($100.00) on a first offense, and on
each subsequent offense shall be fined not less than
seventy-five dollars ($75.00) nor more than two hundred fifty
dollars ($250.00) and may be imprisoned for not more than 30
days. (ORC 955.99(E)) |
618.09 HINDERING CAPTURE OF UNREGISTERED
DOG.
| (a) |
No person shall obstruct or interfere
with anyone lawfully engaged in capturing an unlicensed dog or
making an examination of a dog wearing a tag. (ORC 955.24)
|
| (b) |
Whoever violates this section is
guilty of a minor misdemeanor. (ORC 955.99(B)) |
618.095 DOGS REQUIRED TO WEAR TAGS.
| (a) |
No owner of a dog, except a dog
constantly confined to a registered kennel, shall fail to
require the dog to wear, at all times, a valid tag issued in
connection with a certificate of registration. A dog's failure
at any time to wear a valid tag shall be prima facie evidence of
a lack of registration and shall subject any dog found not
wearing such tag to impoundment, sale, or destruction. (ORC
955.10)
|
| (b) |
Whoever violates this section is
guilty of a minor misdemeanor. (ORC 955.99(B)) |
618.10 UNLAWFUL TAGS.
| (a) |
No person shall own, keep, or harbor
a dog wearing a fictitious, altered, or invalid registration tag
or a registration tag not issued by the County Auditor in
connection with the registration of that animal. (ORC 955.25)
|
| (b) |
Whoever violates this section is
guilty of a minor misdemeanor. (ORC 955.99(B)) |
618.11 RABIES QUARANTINE.
| (a) |
No person having knowledge of the existence of
rabies in an animal, or knowledge that an animal has exhibited
symptoms or behavior suggestive of rabies, or knowledge that an
animal has bitten any person, shall fail to immediately report
such information to the Mayor or the Chief of Police.
|
| (b) |
Whenever it is established by the Mayor or Chief
of Police that any animal has bitten any person or exhibits
symptoms or behavior suggestive of rabies, the person who owns,
harbors or otherwise cares for such animal shall confine it in
close quarantine and isolation or shall place such animal in the
establishment of a veterinarian until, in either case, it is
determined by the County Board of Health that the animal is not
afflicted with rabies. The isolation and quarantine period
hereby required shall be not less than ten days from the date
the person was bitten. If the animal has, or develops, any
symptoms suspicious of rabies during the ten day period, the
County Board of Health shall be notified immediately. All
expenses incurred for the keeping of such animal, or the
necessary tests to determine whether rabies exists, shall be
borne exclusively by the person who owns, harbors or otherwise
cares for such animal.
|
| (c) |
Whoever violates this section is guilty of a minor
misdemeanor. |
618.12 HUNTING PROHIBITED.
| (a) |
The hunting of animals or fowl within
the Municipality is prohibited. No person shall hunt, kill or
attempt to kill any animal or fowl by the use of firearms or any
other means. However, nothing in this section shall be deemed to
prohibit the killing of rats and other undesirable rodents
authorized to be killed by the Chief of Police using means for
such killing which are also authorized by the Chief.
|
| (b) |
Whoever violates this section is
guilty of a minor misdemeanor. |
618.13 NUISANCE CONDITIONS PROHIBITED.
| (a) |
No person shall keep or harbor any
animal or fowl in the Municipality so as to create noxious or
offensive odors or unsanitary conditions which are a menace to
the health, comfort or safety of the public.|
|
| (b) |
Whoever violates this section is
guilty of a minor misdemeanor. |
618.14 IMPOUNDING AND DISPOSITION; RECORDS.
| (a) |
A police officer or animal warden may
impound every dog or other animal found in violation of '
618.01. If the impounded dog is not wearing a valid registration
tag, the dog shall forthwith be turned over to an officer
charged by law with the custody and disposal of such dogs. If
the dog is wearing a valid registration tag or the identity of
the owner or harborer is otherwise established, notice shall
immediately be given to such owner or harborer that the dog has
been impounded. Notice may be by telephone or by ordinary mail
to the last known address of such owner or harborer. The dog
shall not be released except upon the payment of reasonable
expenses for its taking and keeping. Any dog not redeemed within
three days of the time it is seized or impounded may be sold or
otherwise disposed of as provided by Ohio R.C. 955.16.
|
| (b) |
A record of all dogs impounded, the
disposition of the same, the owner's name and address, if known,
and a statement of any costs or receipts involving such dog
shall be kept. |
618.15 REPORTING ESCAPES.
| (a) |
The owner or keeper of any member of
a species of the animal kingdom that escapes from the owner's or
keeper's custody or control and that is not indigenous to this
State or presents a risk of serious physical harm to persons or
property, or both, shall, within one hour after the owner or
keeper discovers or reasonably should have discovered the
escape, report it to:
|
|
| (1) |
A law enforcement officer of
the Municipality and the County Sheriff; and |
| (2) |
The Clerk of Council.
|
|
| (b) |
If the office of the Clerk of Council
is closed to the public at the time a report is required by
division (a) of this section, it is sufficient compliance with
division (a)(2) of this section if the owner or keeper makes the
report within one hour after the office is next open to the
public.
|
| (c) |
Whoever violates this section is
guilty of a misdemeanor of the first degree. (ORC 2927.21) |
CHAPTER 624 -Drugs
624.01 Definitions.
624.02 Trafficking in controlled substances; gift
of marihuana.
624.025 Cultivation of marihuana.
624.03 Drug abuse.
624.04 Possession of drug abuse instruments.
624.05 Permitting drug abuse.
624.06 Use or possession of paraphernalia.
624.07 Abusing harmful intoxicants.
624.073 Improperly dispensing or distributing
nitrous oxide.
624.076 Possessing nitrous oxide in motor
vehicles.
624.08 Illegal dispensing of drug samples.
624.09 Counterfeit controlled substances.
624.10 Controlled substance or
prescription labels.
624.11 Possession, sale and disposal of
hypodermics.
624.12 Evidence.
624.13 Double jeopardy.
624.14 Controlled substance schedules.
624.15 Pseudoephedrine sales.
CROSS REFERENCES
See section histories for similar State law
Treatment of drug dependent persons in lieu of conviction see Ohio R.C.
2951.041
Intoxicated pedestrians see TRAF.
416.10
Driving or physical control while under the influence see TRAF.
434.01
Effect of voluntary intoxication on criminal liability - see GEN. OFF. 606.07
Alcoholic beverages see GEN. OFF. Ch. 612
Placing harmful substance or objects in food or confection see GEN. OFF.
636.17
Disorderly conduct while voluntarily intoxicated see GEN. OFF. 648.04
Using weapons while intoxicated see GEN. OFF. 678.03
624.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
Words, terms and phrases and their derivatives used in this chapter
which are not defined in this section shall have the meanings given to
them in the Ohio Revised Code.
| (a) |
"Administer." The direct application of a drug, whether by
injection, inhalation, ingestion, or any other means to a person or an
animal.
|
| (b) |
"Adulterate." To cause a drug to be adulterated as described in Ohio
R.C. 3715.63.
|
| (c) |
"Bulk amount." Of a controlled substance means any of the
following: |
|
| (1) |
For any compound, mixture, preparation, or substance included in
Schedule I, Schedule II or Schedule III, with the exception of
marihuana, cocaine, L.S.D., heroin, and hashish and except as provided
in division (2) or (5) of this definition, whichever of the following is
applicable: |
|
| A.. |
An amount equal to or exceeding ten grams or 25 unit doses of a
compound, mixture, preparation, or substance that is or contains any
amount of a Schedule I opiate or opium derivative; |
| B. |
An amount equal to or exceeding ten grams of a compound, mixture,
preparation, or substance that is or contains any amount of raw or gum
opium; |
| C. |
An amount equal to or exceeding 30 grams or ten unit doses of a
compound, mixture, preparation, or substance that is or contains any
amount of a Schedule I hallucinogen other than tetrahydrocannabinol or
lysergic acid amide, or a Schedule I stimulant or depressant; |
| D. |
An amount equal to or
exceeding 20 grams or five times the maximum
daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a
compound, mixture, preparation, or substance
that is or contains any amount of a Schedule II
opiate or opium derivative; |
| E. |
An amount equal to or exceeding five grams or ten unit doses of a
compound, mixture, preparation, or substance that is or contains any
amount of phencyclidine; |
| F. |
An amount equal to or
exceeding 120 grams or 30 times the maximum
daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a
compound, mixture, preparation, or substance
that is or contains any amount of a Schedule II
stimulant that is in a final dosage form
manufactured by a person authorized by the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq., as amended) and the Federal drug
abuse control laws, as defined in this section,
that is or contains any amount of a Schedule II
depressant substance or a Schedule II
hallucinogenic substance; |
| G. |
An amount equal to or exceeding three grams of a compound, mixture,
preparation, or substance that is or contains any amount of a Schedule
II stimulant, or any of its salts or isomers, that is not in a final
dosage form manufactured by a person authorized by the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq., as amended) and the
Federal drug abuse control laws; |
|
| (2) |
An amount equal to or exceeding 120 grams or 30 times the maximum
daily dose in the usual dose range specified in a standard
pharmaceutical reference manual of a compound, mixture, preparation, or
substance that is or contains any amount of a Schedule III or IV
substance other than an anabolic steroid or a Schedule III opiate or
opium derivative; |
| (3) |
An amount equal to or
exceeding 20 grams or five times the maximum daily dose
in the usual dose range specified in a standard
pharmaceutical reference manual of a compound, mixture,
preparation, or substance that is or contains any amount
of a Schedule III opiate or opium derivative; |
| (4) |
An amount equal to or exceeding 250 milliliters or 250 grams of a
compound, mixture, preparation, or substance that is or contains any
amount of a Schedule V substance. |
| (5) |
An amount equal to or exceeding 200 solid dosage units, 16 grams,
or 16 milliliters of a compound, mixture, preparation, or substance that
is or contains any amount of a Schedule III anabolic steroid.
|
|
| (d) |
"Certified grievance committee." A duly constituted and organized
committee of the Ohio State Bar Association or of one or more local bar
associations of the State that complies with the criteria set forth in
Rule V, Section 6 of the Rules for the Government of the Bar of Ohio.
|
| (e) |
"Cocaine." Any of the following: |
|
| (1) |
A cocaine salt, isomer, or derivative, a salt of a cocaine isomer or
derivative, or the base form of cocaine. |
| (2) |
Coca leaves or a salt, compound, derivative, or preparation of coca
leaves, including ecgonine, a salt, isomer, or derivative of ecgonine,
or a salt of an isomer or derivative of ecgonine. |
| (3) |
A salt, compound, derivative, or preparation of a substance
identified in division (1) or (2) of this definition that is chemically
equivalent to or identical with any of those substances, except that the
substances shall not include decocainized coca leaves or extraction of
coca leaves if the extractions do not contain cocaine or ecgonine.
|
|
| (f) |
"Committed in the vicinity of a juvenile." An offense is
"committed
in the vicinity of a juvenile" if the offender commits the offense
within 100 feet of a juvenile or within the view of a juvenile,
regardless of whether the offender knows the age of the juvenile,
whether the offender knows the offense is being committed within 100
feet of or within view of the juvenile, or whether the juvenile actually
views the commission of the offense.
|
| (g) |
"Committed in the vicinity of a school." An offense is
"committed in
the vicinity of a school" if the offender commits the offense on school
premises, in a school building, or within 1,000 feet of the boundaries
of any school premises, regardless of whether the offender knows the
offense is being committed on school premises, in a school building, or
within 1,000 feet of the boundaries of any school premises.
|
| (h) |
"Controlled substance." A drug, compound, mixture, preparation, or
substance included in Schedule I, II, III, IV, or V of Ohio R.C.
3719.41.
|
| (i) |
"Counterfeit controlled substance." Any of the following: |
|
| (1) |
Any drug that bears, or whose container or label bears, a trademark,
trade name, or other identifying mark used without authorization of the
owner of rights to the trademark, trade name, or identifying mark. |
| (2) |
Any unmarked or unlabeled substance that is represented to be a
controlled substance manufactured, processed, packed, or distributed by
a person other than the person that manufactured, processed, packed, or
distributed it. |
| (3) |
Any substance that is represented to be a controlled substance but
is not a controlled substance or is a different controlled substance. |
| (4) |
Any substance other than a controlled substance that a reasonable
person would believe to be a controlled substance because of its
similarity in shape, size, and color, or its markings, labeling,
packaging, distribution, or the price for which it is sold or offered
for sale.
|
|
| (j) |
"Crack cocaine." A compound, mixture, preparation, or substance that
is or contains any amount of cocaine that is analytically identified as
the base form of cocaine or that is in a form that resembles rocks or
pebbles generally intended for individual use.
|
| (k) |
"Cultivate." Includes planting, watering, fertilizing or tilling.
|
| (l) |
"Dangerous drug." Any of the following: |
|
| (1) |
Any drug to which either of the following applies: |
|
| A. |
Under the Federal Food, Drug, and Cosmetic Act, is required to bear a
label containing the legend "Caution: Federal law prohibits dispensing
without a prescription" or "Caution: Federal law restricts this drug to
use by or on the order of a licensed veterinarian" or any similar
restrictive statement, or may be dispensed only upon a prescription. |
| B. |
Under Ohio R.C. Chapter 3715 or 3719, may be dispensed only upon a
prescription.
|
|
| (2) |
Any drug that contains a Schedule V controlled substance and that is
exempt from Ohio R.C. Chapter 3719 or to which that chapter does not
apply. |
| (3) |
Any drug intended for administration by injection into the human
body other than through a natural orifice of the human body.
|
|
| (m) |
"Disciplinary counsel." The disciplinary counsel appointed by the
Board of Commissioners on Grievances and Discipline of the Ohio Supreme
Court under the Rules for the Government of the Bar of Ohio.
|
| (n) |
"Dispense." Means to sell, leave with, give away, dispose of, or
deliver.
|
| (o) |
"Distribute." Means to deal in, ship, transport or deliver, but does
not include administering or dispensing a drug.
|
| (p) |
"Drug." Any of the following: |
|
| (1) |
Any article recognized in the official United States pharmacopeia,
national formulary, or any supplement intended for use in the diagnosis,
cure, mitigation, treatment, or prevention of disease in humans or other
animals. |
| (2) |
Any other article intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in humans or other
animals. |
| (3) |
Any article, other than food, intended to affect the structure or
any function of the body of humans or other animals. |
| (4) |
Any article intended for use as a component of any article specified
in division (1), (2), or (3) above; but does not include devices or
their components, parts, or accessories. |
|
|
|
| (q) |
"Drug abuse offense." Any of the following: |
|
| (1) |
A violation of Ohio R.C. 2913.02(A) that constitutes theft of drugs,
or any violation of Ohio R.C. 2925.02, 2925.03, 2925.04, 2925.041,
2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.22, 2925.23, 2925.24,
2925.31, 2925.32, 2925.36, or 2925.37. |
| (2) |
A violation of an existing or former law of any municipality, State,
or of the United States, that is substantially equivalent to any section
listed in division (1) of this definition. |
| (3) |
An offense under an existing or former law of any municipality,
State, or of the United States, of which planting, cultivating,
harvesting, processing, making, manufacturing, producing, shipping,
transporting, delivering, acquiring, possessing, storing, distributing,
dispensing, selling, inducing another to use, administering to another,
using, or otherwise dealing with a controlled substance is an element. |
| (4) |
A conspiracy to commit, attempt to commit, or complicity in
committing or attempting to commit, any offense under division (1), (2),
or (3) of this definition.
|
|
| (r) |
"Drug dependent person." Any person who, by reason of the use of any
drug of abuse, is physically and/or psychologically dependent upon the
use of such drug to the detriment of the person's health or welfare.
|
| (s) |
"Drug of abuse." Any controlled substance, any harmful
intoxicant, and any dangerous drug, as defined in this section.
|
| (t) |
"Federal drug abuse control laws." The
"Comprehensive Drug Abuse
Prevention and Control Act of 1970," 21 U.S.C. 801 et seq., as amended.
|
| (u) |
"Felony drug abuse offense." Any drug abuse offense that would
constitute a felony under the laws of this State, any other State, or
the United States.
|
| (v) |
"Harmful intoxicant." Does not include beer or intoxicating liquor,
but means any of the following: |
|
| (1) |
Any compound, mixture, preparation, or substance the gas, fumes, or
vapor of which when inhaled can induce intoxication, excitement,
giddiness, irrational behavior, depression, stupefaction, paralysis,
unconsciousness, asphyxiation, or other harmful physiological effects,
and includes but is not limited to any of the following: |
|
| A. |
Any volatile organic solvent, plastic cement, model cement,
fingernail polish remover, lacquer thinner, cleaning fluid, gasoline, or
other preparation containing a volatile organic solvent. |
| B. |
Any aerosol propellant. |
| C. |
Any fluorocarbon refrigerant. |
| D. |
Any anesthetic gas. |
|
| (2) |
Gamma Butyrolactone; |
| (3) |
1,4 Butanediol.
|
|
| (w) |
"Hashish." The resin or a preparation of the resin contained in
marihuana, whether in solid form or in a liquid concentrate, liquid
extract, or liquid distillate form.
|
| (x) |
"Hypodermic." A hypodermic syringe or needle, or other instrument or
device for the injection of medication.
|
| (y) |
"Juvenile." A person under 18 years of age.
|
| (Z) |
"Laboratory." A laboratory approved by the State Board of Pharmacy
as proper to be entrusted with the custody of controlled substances and
the use of controlled substances for scientific and clinical purposes
and for purposes of instruction.
|
| (aa) |
"Licensed health professional authorized to prescribe drugs" or
"prescriber." An individual who is authorized by law to prescribe drugs
or dangerous drugs or drug therapy related devices in the course of the
individual's professional practice, including only the following: |
|
| (1) |
A dentist licensed under Ohio R.C. Chapter 4715. |
| (2) |
A clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner who holds a certificate to prescribe issued under
Ohio R.C. 4723.48. |
| (3) |
An optometrist licensed under Ohio R.C. Chapter 4725 to practice
optometry under a therapeutic pharmaceutical agents certificate. |
| (4) |
A physician authorized under Ohio R.C. Chapter 4731 to practice
medicine and surgery, osteopathic medicine and surgery, or podiatry. |
| (5) |
A physician assistant who holds a certificate to prescribe issued
under Ohio R.C. Chapter 4730. |
| (6) |
A veterinarian licensed under Ohio R.C. Chapter 4741. |
|
|
|
| (bb) |
"L.S.D." Lysergic acid diethylamide.
|
| (cc) |
"Major drug offender." Has the same meaning as in Ohio R.C.
2929.01.
|
(dd)
|
"Mandatory prison term." Has the same meaning as in Ohio R.C.
2929.01. |
| (ee) |
"Manufacture." To plant, cultivate, harvest, process, make,
prepare, or otherwise engage in any part of the production of a drug, by
propagation, extraction, chemical synthesis, or compounding, or any
combination of the same, and includes packaging, repackaging, labeling,
and other activities incident to production.
|
| (ff) |
"Manufacturer." A person who manufactures a controlled substance,
as "manufacture" is defined by this section.
|
| (gg) |
"Marihuana." All parts of a plant of the genus cannabis, whether
growing or not, the seeds of a plant of that type; the resin extracted
from a part of a plant of that type; and every compound, manufacture,
salt, derivative, mixture, or preparation of a plant of that type or of
its seeds or resin. "Marihuana" does not include the mature stalks of
the plant, fiber produced from the stalks, oils or cake made from the
seeds of the plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks, except the resin extracted
from the mature stalks, fiber, oil, or cake, or the sterilized seed of
the plant that is incapable of germination. "Marihuana" does not include
"hashish."
|
| (hh) |
"Methamphetamine." Methamphetamine, any salt, isomer, or salt of an
isomer of methamphetamine, or any compound, mixture, preparation, or
substance containing methamphetamine or any salt, isomer, or salt of an
isomer of methamphetamine.
|
| (ii) |
"Minor drug possession offense." Either of the following: |
|
| (1) |
A violation of Ohio R.C. 2925.11 as it existed prior to July 1,
1996, or a substantially equivalent municipal ordinance. |
| (2) |
A violation of Ohio R.C. 2925.11 as it exists on and after July 1,
1996, or a substantially equivalent municipal ordinance, that is a
misdemeanor or a felony of the fifth degree.
|
|
| (jj) |
"Official written order." An order written on a form provided for
that purpose by the Director of the United States Drug Enforcement
Administration, under any laws of the United States making provision for
the order, if the order forms are authorized and required by Federal
law.
|
| (kk) |
"Person." Means any individual, corporation, government,
governmental subdivision or agency, business trust, estate, trust,
partnership, association or other legal entity.
|
| (ll) |
"Pharmacist." A person licensed under Ohio R.C. Chapter 4729 to
engage in the practice of pharmacy.
|
| (mm) |
"Pharmacy." Except when used in a context that refers to the
practice of pharmacy, means any area, room, rooms, place of business,
department, or portion of any of the foregoing, where the practice of
pharmacy is conducted.
|
| (nn) |
"Possess" or
"possession." Having control over a thing or substance
but may not be inferred solely from mere access to the thing or
substance through ownership or occupation of the premises upon which the
thing or substance is found.
|
| (oo) |
"Prescription." A written, electronic or oral order for drugs or
combination or mixtures of drugs to be used by a particular individual
or for treating a particular animal, issued by a licensed health
professional authorized to prescribe drugs.
|
| (pp) |
"Presumption for a prison term" or
"presumption that a prison term
shall be imposed." A presumption as described in Ohio R.C. 2929.13(D)
that a prison term is a necessary sanction for a felony in order to
comply with the purposes and principles of sentencing under Ohio R.C.
2929.11.
|
| (qq) |
"Professional license." Any license, permit, certificate,
registration, qualification, admission, temporary license, temporary
permit, temporary certificate, or temporary registration that is
described in Ohio R.C. 2925.01(W)(1) to (36) and that qualifies a person
as a professionally licensed person.
|
| (rr) |
"Professionally licensed person." Any of the following: |
|
| (1) |
A person who has obtained a license as a manufacturer of controlled
substances or a wholesaler of controlled substances under Ohio R.C.
Chapter 3719; |
| (2) |
A person who has received a certificate or temporary certificate as
a certified public accountant or who has registered as a public
accountant under Ohio R.C. Chapter 4701 and who holds an Ohio permit
issued under that chapter; |
| (3) |
A person who holds a certificate of qualification to practice
architecture issued or renewed and registered under Ohio R.C. Chapter
4703; |
| (4) |
A person who is registered as a landscape architect under Ohio R.C.
Chapter 4703 or who holds a permit as a landscape architect issued under
that chapter; |
| (5) |
A person licensed under Ohio R.C. Chapter 4707; |
| (6) |
A person who has been issued a certificate of registration as a
registered barber under Ohio R.C. Chapter 4709; |
| (7) |
A person licensed and regulated to engage in the business of a debt
pooling company by a legislative authority, under authority of Ohio R.C.
Chapter 4710; |
| (8) |
A person who has been issued a cosmetologist's license, hair
designer's license, manicurist's license, esthetician's license, natural
hair stylist's license, managing cosmetologist's license, managing hair
designer's license, managing manicurist's license, managing esthetician's
license, managing natural hair stylist's license, cosmetology instructor's
license, hair design instructor's license, manicurist instructor's
license, esthetics instructor's license, natural hair style instructor's
license, independent contractor's license, or tanning facility permit
under Ohio R.C. Chapter 4713; |
| (9) |
A person who has been issued a license to practice dentistry, a
general anesthesia permit, a conscious intravenous sedation permit, a
limited resident's license, a limited teaching license, a dental
hygienist's license, or a dental hygienist's teacher's certificate under
Ohio R.C. Chapter 4715; |
| (10) |
A person who has been issued an embalmer's license, a funeral
director's license, a funeral home license, or a crematory license, or
who has been registered for an embalmer's or funeral director's
apprenticeship under Ohio R.C. Chapter 4717; |
| (11) |
A person who has been licensed as a registered nurse or practical
nurse, or who has been issued a certificate for the practice of nurse
midwifery under Ohio R.C. Chapter 4723; |
| (12) |
A person who has been licensed to practice optometry or to engage
in optical dispensing under Ohio R.C. Chapter 4725; |
| (13) |
A person licensed to act as a pawnbroker under Ohio R.C. Chapter
4727; |
| (14) |
A person licensed to act as a precious metals dealer under Ohio
R.C. Chapter 4728; |
| (15) |
A person licensed as a pharmacist, a pharmacy intern, a wholesale
distributor of dangerous drugs, or a terminal distributor of dangerous
drugs under Ohio R.C. Chapter 4729; |
| (16) |
A person who is authorized to practice as a physician assistant
under Ohio R.C. Chapter 4730; |
| (17) |
A person who has been issued a certificate to practice medicine
and surgery, osteopathic medicine and surgery, a limited branch of
medicine, or podiatry under Ohio R.C. Chapter 4731; |
| (18) |
A person licensed as a psychologist or school psychologist under
Ohio R.C. Chapter 4732; |
| (19) |
A person registered to practice the profession of engineering or
surveying under Ohio R.C. Chapter 4733; |
| (20) |
A person who has been issued a license to practice chiropractic
under Ohio R.C. Chapter 4734; |
| (21) |
A person licensed to act as a real estate broker or real estate
salesperson under Ohio R.C. Chapter 4735; |
| (22) |
A person registered as a registered sanitarian under Ohio R.C.
Chapter 4736; |
| (23) |
A person licensed to operate or maintain a junkyard under Ohio R.C.
Chapter 4737; |
| (24) |
A person who has been issued a motor vehicle salvage dealer's
license under Ohio R.C. Chapter 4738; |
| (25) |
A person who has been licensed to act as a steam engineer under
Ohio R.C. Chapter 4739; |
| (26) |
A person who has been issued a license or temporary permit to
practice veterinary medicine or any of its branches, or who is
registered as a graduate animal technician under Ohio R.C. Chapter 4741; |
| (27) |
A person who has been issued a hearing aid dealer's or fitter's
license or trainee permit under Ohio R.C. Chapter 4747; |
| (28) |
A person who has been issued a class A, class B, or class C license
or who has been registered as an investigator or security guard employee
under Ohio R.C. Chapter 4749; |
| (29) |
A person licensed and registered to practice as a nursing home
administrator under Ohio R.C. Chapter 4751; |
| (30) |
A person licensed to practice as a speech-language pathologist or
audiologist under Ohio R.C. Chapter 4753; |
| (31) |
A person issued a license as an occupational therapist or physical
therapist under Ohio R.C. Chapter 4755; |
| (32) |
A person who is licensed as a professional clinical counselor or
professional counselor, licensed as a social worker or independent
social worker, or registered as a social work assistant under Ohio R.C.
Chapter 4757; |
| (33) |
A person issued a license to practice dietetics under Ohio R.C.
Chapter 4759; |
| (34) |
A person who has been issued a license or limited permit to
practice respiratory therapy under Ohio R.C. Chapter 4761; |
| (35) |
A person who has been issued a real estate appraiser certificate
under Ohio R.C. Chapter 4763; |
| (36) |
A person who has been admitted to the bar by order of the Ohio
Supreme Court in compliance with its prescribed and published rules. |
|
|
|
| (ss) |
"Public premises." Any hotel, restaurant, tavern, store, arena,
hall, or other place of public accommodation, business, amusement, or
resort.
|
| (tt) |
"Sale." Includes delivery, barter, exchange, transfer, or gift, or
offer thereof, and each transaction of those natures made by any person,
whether as principal, proprietor, agent, servant or employee.
|
| (uu) |
"Sample drug." A drug or pharmaceutical preparation that would
be hazardous to health or safety if used without the supervision of a
licensed health professional authorized to prescribe drugs, or a drug of
abuse, and that, at one time, had been placed in a container plainly
marked as a sample by a manufacturer.
|
| (vv) |
"Schedule I, II, III, IV or V." Controlled substance Schedules I,
II, III, IV, and V established pursuant to Ohio R.C. 3719.41, as amended
pursuant to Ohio R.C. 3719.43 or 3719.44.
|
| (ww) |
"School." Any school operated by a board of education, any
community school established under Ohio R.C. Chapter 3314, or any
nonpublic school for which the State Board of Education prescribes
minimum standards under Ohio R.C. 3301.07, whether or not any
instruction, extracurricular activities, or training provided by the
school is being conducted at the time a criminal offense is committed.
|
| (xx) |
"School building." Any building in which any of the instruction,
extracurricular activities, or training provided by a school is
conducted, whether or not any instruction, extracurricular activities,
or training provided by the school is being conducted in the school
building at the time a criminal offense is committed.
|
| (yy) |
"School premises." Either of the following: |
|
| (1) |
The parcel of real property on which any school is situated, whether
or not any instruction, extracurricular activities, or training provided
by the school is being conducted on the premises at the time a criminal
offense is committed. |
| (2) |
Any other parcel of real property that is owned or leased by a board
of education of a school, the governing authority of a community school
established under Ohio R.C. Chapter 3314, or the governing body of a
nonpublic school for which the State Board of Education prescribes
minimum standards under Ohio R.C. 3301.07 and on which some of the
instruction, extracurricular activities, or training of the school is
conducted, whether or not any instruction, extracurricular activities,
or training provided by the school is being conducted on the parcel of
real property at the time a criminal offense is committed.
|
|
| (zz) |
"Standard Pharmaceutical Reference Manual." The current edition,
with cumulative changes if any, of any of the following reference works: |
|
| (1) |
The National Formulary. |
| (2) |
The United States Pharmacopeia, prepared by the authority of the
United States Pharmacopeia Convention, Inc. |
| (3) |
Other standard references that are approved by the State Board of
Pharmacy.
|
|
| (aaa) |
"Unit dose." An amount or unit or a compound, mixture, or
preparation containing a controlled substance that is separately
identifiable and in a form that indicates that it is the amount or unit
by which the controlled substance is separately administered to or taken
by an individual.
|
| (bbb) |
"Wholesaler." A person who, on official written orders other than
prescriptions, supplies controlled substances that the person has not
manufactured, produced or prepared personally and includes
"wholesale
distributor of dangerous drugs," which means a person engaged in the
sale of dangerous drugs at wholesale and includes any agent or employee
of that person authorized by that person to engage in the sale of
dangerous drugs at wholesale.
(ORC 2925.01, 3719.01, 3719.011, 4729. |
624.02 TRAFFICKING IN CONTROLLED SUBSTANCES; GIFT OF MARIHUANA.
| (a) |
No person shall knowingly do any of the following: |
|
| (1) |
Sell or offer to sell a controlled substance; |
| (2) |
Prepare for shipment, ship, transport, deliver, prepare for
distribution, or distribute a controlled substance, when the offender
knows or has reasonable cause to believe that the controlled substance
is intended for sale or resale by the offender or another person. |
|
|
|
| (b) |
This section does not apply to any of the following: |
|
| (1) |
Manufacturers, licensed health professionals authorized to prescribe
drugs, pharmacists, owners of pharmacies, and other persons whose
conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4723, 4729,
4730, 4731, and 4741. |
| (2) |
If the offense involves an anabolic steroid, any person who is
conducting or participating in a research project involving the use of
an anabolic steroid if the project has been approved by the United
States Food and Drug Administration. |
| (3) |
Any person who sells, offers for sale, prescribes, dispenses, or
administers for livestock or other nonhuman species an anabolic steroid
that is expressly intended for administration through implants to
livestock or other nonhuman species and approved for that purpose under
the "Federal Food, Drug and Cosmetic Act" (21 U.S.C. 301 et seq., as
amended), and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that Act. |
|
|
|
| (c) |
Whoever violates division (a) of this section is guilty of the
following: |
|
| (1) |
Except as otherwise provided in divisions (c)(2) and (c)(3) of this
section, trafficking in controlled substances is a felony to be
prosecuted under appropriate State law. |
| (2) |
Except as otherwise provided in division (c)(3) of this section, if
the offense involves a gift of 20 grams or less of marihuana or a
compound, mixture, preparation, or substance containing marihuana other
than hashish, trafficking in marihuana is a minor misdemeanor upon a
first offense and a misdemeanor of the third degree upon a subsequent
offense. |
| (3) |
If the offense involves a gift of 20 grams or less of marihuana or a
compound, mixture, preparation, or substance containing marihuana other
than hashish and if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in marihuana is a
misdemeanor of the third degree. |
|
|
|
| (d) |
In addition to any prison term authorized or required by division
(c) of this section and Ohio R.C. 2929.13 and 2929.14, and in addition
to any other sanction imposed for the offense under this section or Ohio
R.C. 2929.11 through 2929.18, the court that sentences a person who is
convicted of or pleads guilty to a violation of division (a) of this
section shall do all of the following that are applicable regarding the
offender: |
|
| (1) |
The court shall suspend for not less than six months nor more than
five years the driver's or commercial driver's license or permit of any
person who is convicted of or has pleaded guilty to a violation of this
section. |
| (2) |
If the offender is a professionally licensed person, the court
immediately shall comply with Ohio R.C. 2925.38. |
|
|
|
| (e) |
| (1) |
Notwithstanding any contrary provision of Ohio R.C. 3719.21 and
except as provided in Ohio R.C. 2925.03(H), the Clerk of the Court shall
pay any mandatory fine imposed pursuant to this section and any fine
other than a mandatory fine that is imposed for a violation of this
section pursuant to Ohio R.C. 2929.18(A) or (B)(5) to the County,
Township, Municipality, park district, as created pursuant to Ohio R.C.
511.18 or 1545.04, or State law enforcement agencies in this State that
primarily were responsible for or involved in making the arrest of, and
in prosecuting, the offender. However, the Clerk shall not pay a
mandatory fine so imposed to a law enforcement agency unless the agency
has adopted a written internal control policy under division (e)(2) of
this section that addresses the use of the fine moneys that it receives.
Each agency shall use the mandatory fines so paid to subsidize the
agency's law enforcement efforts that pertain to drug offenses, in
accordance with the written internal control policy adopted by the
recipient agency under division (e)(2) of this section. |
| (2) |
| A. |
Prior to receiving any fine moneys under division (e)(1) of this
section or Ohio R.C. 2925.42(B), a law enforcement agency shall adopt a
written internal control policy that addresses the agency's use and
disposition of all fine moneys so received and that provides for the
keeping of detailed financial records of the receipts of those fine
moneys, the general types of expenditures made out of those fine moneys,
and the specific amount of each general type of expenditure. The policy
shall not provide for or permit the identification of any specific
expenditure that is made in an ongoing investigation. All financial
records of the receipts of those fine moneys, the general type of
expenditures made out of those fine moneys, and the specific amount of
each general type of expenditure by an agency are public records open
for inspection under Ohio R.C. 149.43. Additionally, a written internal
control policy adopted under this division is such a public record, and
the agency that adopted it shall comply with it. |
| B. |
Each law enforcement agency that receives in any calendar year any
fine moneys under division (e)(1) of this section or Ohio R.C.
2925.42(B) shall prepare a report covering the calendar year that
cumulates all of the information contained in all of the public
financial records kept by the agency pursuant to division (e)(2)A. of
this section for that calendar year, and shall send a copy of the
cumulative report, no later than the first day of March in the calendar
year following the calendar year covered by the report, to the Attorney
General. Each report received by the Attorney General is a public record
open for inspection under Ohio R.C. 149.43. |
|
| (3) |
As used in division (e) of this section: |
|
| A. |
"Law enforcement agencies" includes, but is not limited to, the State
Board of Pharmacy and the office of a prosecutor. |
| B. |
Prosecutor" has the same meaning as in Ohio R.C. 2935.01.
(ORC 2925.03) |
| |
|
|
|
Statutory reference:
Felony drug trafficking offenses, see Ohio R.C. 2925.03(C) |
624.025 CULTIVATION OF MARIHUANA.
| (a) |
No person shall knowingly cultivate marihuana.
|
| (b) |
This section does not apply to any person listed in Ohio R.C.
2925.03(B)(1), (2) or (3), or a substantially equivalent municipal
ordinance, to the extent and under the circumstances described in that
division.
|
| (c) |
Whoever commits a violation of division (a) of this section is
guilty of illegal cultivation of marihuana. |
|
| (1) |
Except as otherwise provided in the following divisions, illegal
cultivation of marihuana is a minor misdemeanor or, if the offense was
committed in the vicinity of a school or in the vicinity of a juvenile,
a misdemeanor of the fourth degree. |
| (2) |
If the amount of marihuana involved equals or exceeds 100 grams but
is less than 200 grams, illegal cultivation of marihuana is a
misdemeanor of the fourth degree or, if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, a misdemeanor of
the third degree. |
| (3) |
If the amount of marihuana involved equals or exceeds 200 grams,
illegal cultivation of marihuana is a felony to be prosecuted under
appropriate State law. |
|
|
|
| (d) |
In addition to any prison term authorized or required by division
(c) of this section and Ohio R.C. 2929.13 and 2929.14, and in addition
to any other sanction imposed for the offense under this section or Ohio
R.C. 2929.11 through 2929.18, the court that sentences a person who is
convicted of or pleads guilty to a violation of division (a) of this
section shall do all of the following that are applicable regarding the
offender: |
|
| (1) |
The court shall suspend the offender's driver's or commercial driver's
license or permit in accordance with Ohio R.C. 2925.03(G). If an
offender's driver's or commercial driver's license or permit is
suspended in accordance with that division, the offender may request
termination of, and the court may terminate, the suspension in
accordance with that division. |
| (2) |
If the offender is a professionally licensed person, the court
immediately shall comply with Ohio R.C. 2925.38. |
|
|
|
| (e) |
Arrest or conviction for a minor misdemeanor violation of this
section does not constitute a criminal record and need not be reported
by the person so arrested or convicted in response to any inquiries
about the person's criminal record, including any inquiries contained in
any application for employment, license, or other right or privilege, or
made in connection with the person's appearance as a witness.
(ORC 2925.04) |
624.03 DRUG ABUSE.
| (a) |
No person shall knowingly obtain, possess, or use a controlled
substance.
|
| (b) |
|
(a)
(b) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals authorized to prescribe
drugs, pharmacists, owners of pharmacies, and other persons whose
conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4723, 4729,
4730, 4731, and 4741.
(2) If the offense involves an anabolic steroid, any person who is
conducting or participating in a research project involving the use of
an anabolic steroid if the project has been approved by the United
States Food and Drug Administration.
(3) Any person who sells, offers for sale, prescribes, dispenses, or
administers for livestock or other nonhuman species an anabolic steroid
that is expressly intended for administration through implants to
livestock or other nonhuman species and approved for that purpose under
the Federal Food, Drug, and Cosmetic Act, and is sold, offered for sale,
prescribed, dispensed, or administered for that purpose in accordance
with that Act.
(4) Any person who obtained the controlled substance pursuant to a
prescription issued by a licensed health professional authorized to
prescribe drugs.
(c) Whoever violates division (a) of this section is guilty of one of
the following:
(1) If the drug involved in the violation is a compound, mixture,
preparation, or substance included in Schedule I or II of Ohio R.C.
3719.41, with the exception of marihuana, or is cocaine, L.S.D., heroin,
or a compound, mixture or preparation containing such drug, drug abuse
is a felony to be prosecuted under appropriate State law.
(2) If the drug involved is a compound, mixture, preparation, or
substance included in Schedule III, IV, or V of Ohio R.C. 3719.41,
whoever violates division (a) of this section is guilty of possession of
drugs. The penalty for the offense shall be determined as follows:
A. Except as otherwise provided in the following division, possession of
drugs is a misdemeanor of the third degree or, if the offender
previously has been convicted of a drug abuse offense, it is a
misdemeanor of the second degree. If the drug involved in the violation
is an anabolic steroid included in Schedule III and if the offense is a
misdemeanor of the third degree under this division, in lieu of
sentencing the offender to a term of imprisonment in a detention
facility, the court may place the offender under a community control
sanction, as defined in Ohio R.C. 2929.01, that requires the offender to
perform supervised community service work pursuant to Ohio R.C.
2951.02(B).
B. If the amount of the drug involved equals or exceeds the bulk amount,
possession of drugs is a felony to be prosecuted under appropriate State
law.
(3) If the drug involved in the violation is marihuana or a compound,
mixture, preparation or substance containing marihuana other than
hashish, whoever violates division (a) of this section is guilty of
possession of marihuana. The penalty for the offense shall be determined
as follows:
A. Except as otherwise provided in the following divisions, possession
of marihuana is a minor misdemeanor.
B. If the amount of the drug involved equals or exceeds 100 grams but is
less than 200 grams, possession of marihuana is a misdemeanor of the
fourth degree.
C. If the amount of the drug involved equals or exceeds 200 grams,
possession of marihuana is a felony to be prosecuted under appropriate
State law.
(4) If the drug involved in the violation is hashish or a compound,
mixture, preparation or substance containing hashish, whoever violates
division (a) of this section is guilty of possession of hashish. The
penalty for the offense shall be determined as follows:
A. Except as otherwise provided in the following divisions,
possession of hashish is a minor misdemeanor.
B. If the amount of the drug involved equals or exceeds five grams but
is less than ten grams of hashish in a solid form or equals or exceeds
one gram but is less than two grams of hashish in a liquid concentrate,
liquid extract, or liquid distillate form, possession of hashish is a
misdemeanor of the fourth degree.
C. If the amount of the drug involved equals or exceeds ten grams of
hashish in a solid form or equals or exceeds two grams of hashish in a
liquid concentrate, liquid extract, or liquid distillate form,
possession of hashish is a felony to be prosecuted under appropriate
State law.
(d) Arrest or conviction for a minor misdemeanor violation of this
section does not constitute a criminal record and need not be reported
by the person so arrested or convicted in response to any inquiries
about the person's criminal record, including any inquiries contained in
any application for employment, license, or other right or privilege, or
made in connection with the person's appearance as a witness.
(e) In addition to any prison term or jail term authorized or
required by division (c) of this section and Ohio R.C. 2929.13, 2929.14,
2929.22, 2929.24, and 2929.25, or any substantially equivalent municipal
ordinance, and in addition to any other sanction that is imposed for the
offense under this section or Ohio R.C. 2929.11 through 2929.18, or Ohio
R.C. 2929.21 to 2929.28, or any substantially equivalent municipal
ordinance, the court that sentences an offender who is convicted of or
pleads guilty to a violation of division (a) of this section shall do
the following if applicable regarding the offender:
(1) Notwithstanding any contrary provision of Ohio R.C. 3719.21, the
Clerk of Court shall pay a fine imposed for a violation of this section
pursuant to Ohio R.C. 2929.18(A) in accordance with and subject to the
requirements of Ohio R.C. 2925.03(F). The agency that receives the fine
shall use the fine as specified in Ohio R.C. 2925.03(F).
(2) The court shall suspend for not less than six months nor more than
five years the offender's driver's or commercial driver's license or
permit.
(3) If the offender is a professionally licensed person, in addition to
any other sanction imposed for a violation of this section, the court
immediately shall comply with Ohio R.C. 2925.38.
(ORC 2925.11)
Statutory reference:
Felony drug possession offenses, see Ohio R.C. 2925.11(C)
624.04 POSSESSION OF DRUG ABUSE INSTRUMENTS.
(a) No person shall knowingly make, obtain, possess, or use any
instrument, article, or thing the customary and primary purpose of which
is for the administration or use of a dangerous drug, other than
marihuana, when the instrument involved is a hypodermic or syringe,
whether or not of crude or extemporized manufacture or assembly, and the
instrument, article, or thing involved has been used by the offender to
unlawfully administer or use a dangerous drug, other than marihuana, or
to prepare a dangerous drug, other than marihuana, for unlawful
administration or use.
(b) This section does not apply to manufacturers, licensed health
professionals authorized to prescribe drugs, pharmacists, owners of
pharmacies, and other persons whose conduct was in accordance with Ohio
R.C. Chapters 3719, 4715, 4723, 4729, 4730, 4731, and 4741.
(c) Whoever violates this section is guilty of possessing drug abuse
instruments, a misdemeanor of the second degree. If the offender
previously has been convicted of a drug abuse offense, violation of this
section is a misdemeanor of the first degree.
(d) In addition to any other sanction imposed upon an offender for a
violation of this section, the court shall suspend for not less than six
months nor more than five years the offender's driver's or commercial
driver's license or permit. If the offender is a professionally licensed
person, in addition to any other sanction imposed for a violation of
this section, the court immediately shall comply with Ohio R.C. 2925.38.
(ORC 2925.12)
624.05 PERMITTING DRUG ABUSE.
(a) No person who is the owner, operator, or person in charge of a
locomotive, watercraft, aircraft, or other vehicle, as defined in Ohio
R.C. 4501.01, shall knowingly permit the vehicle to be used for the
commission of a felony drug abuse offense.
(b) No person, who is the owner, lessee, or occupant, or who has
custody, control, or supervision of premises, or real estate, including
vacant land, shall knowingly permit his or her premises, or real estate,
including vacant land, to be used for the commission of a felony drug
abuse offense by another person.
(c) Whoever violates this section is guilty of permitting drug abuse.
(1) Except as provided in division (c)(2) of this section, permitting
drug abuse is a misdemeanor of the first degree.
(2) Permitting drug abuse is a felony, and punishable under appropriate
State law, if the felony drug abuse offense in question is a violation
of Ohio R.C. 2925.02 or 2925.03.
(d) In addition to any prison term authorized or required by division
(c) of this section and Ohio R.C. 2929.13 and 2929.14, and in addition
to any other sanction imposed for the offense under this section or Ohio
R.C. 2929.11 through 2929.18, the court that sentences a person who is
convicted of or pleads guilty to a violation of division (a) of this
section shall do all of the following that are applicable regarding the
offender:
(1) The court shall suspend for not less than six months nor more than
five years the offender's driver's or commercial driver's license or
permit.
(2) If the offender is a professionally licensed person, in addition to
any other sanction imposed for a violation of this section, the court
immediately shall comply with Ohio R.C. 2925.38.
(e) Notwithstanding any contrary provision of Ohio R.C. 3719.21, the
Clerk of Court shall pay a fine imposed for a violation of this section
pursuant to Ohio R.C. 2929.18(A) in accordance with and subject to the
requirements of Ohio R.C. 2925.03(F). The agency that receives the fine
shall use the fine as specified in Ohio R.C. 2925.03(F).
(f) Any premises or real estate that is permitted to be used in
violation of division (b) of this section constitutes a nuisance subject
to abatement pursuant to Ohio R.C. Chapter 3767.
(ORC 2925.13)
624.06 USE OR POSSESSION OF PARAPHERNALIA.
(a) As used in this section, Adrug paraphernalia" means any equipment,
product, or material of any kind that is used by the offender, intended
by the offender for use, or designed for use, in propagating,
cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing, injecting,
ingesting, inhaling, or otherwise introducing into the human body, a
controlled substance in violation of this chapter. ADrug paraphernalia"
includes, but is not limited to, any of the following equipment,
products, or materials that are used by the offender, intended by the
offender for use, or designed by the offender for use, in any of the
following manners:
(1) A kit for propagating, cultivating, growing, or harvesting any
species of a plant that is a controlled substance or from which a
controlled substance can be derived.
(2) A kit for manufacturing, compounding, converting, producing,
processing, or preparing a controlled substance.
(3) Any object, instrument, or device for manufacturing, compounding,
converting, producing, processing, or preparing methamphetamine.
(4) An isomerization device for increasing the potency of any species of
a plant that is a controlled substance.
(5) Testing equipment for identifying, or analyzing the strength,
effectiveness, or purity of, a controlled substance.
(6) A scale or balance for weighing or measuring a controlled substance.
(7) A diluent or adulterant, such as quinine hydrochloride, mannitol,
mannite, dextrose, or lactose, for cutting a controlled substance.
(8) A separation gin or sifter for removing twigs and seeds from, or
otherwise cleaning or refining, marihuana.
(9) A blender, bowl, container, spoon, or mixing device for compounding
a controlled substance.
(10) A capsule, balloon, envelope, or container for packaging small
quantities of a controlled substance.
(11) A container or device for storing or concealing a controlled
substance.
(12) A hypodermic syringe, needle, or instrument for parenterally
injecting a controlled substance into the human body.
(13) An object, instrument, or device for ingesting, inhaling, or
otherwise introducing into the human body, marihuana, cocaine, hashish,
or hashish oil, such as a metal, wooden, acrylic, glass, stone, plastic,
or ceramic pipe, with or without a screen, permanent screen, hashish
head, or punctured metal bowl; water pipe; carburetion tube or device;
smoking or carburetion mask; roach clip or similar object used to hold
burning material, such as a marihuana cigarette, that has become too
small or too short to be held in the hand; miniature cocaine spoon, or
cocaine vial; chamber pipe; carburetor pipe; electric pipe; air driver
pipe; chillum; bong; or ice pipe or chiller.
(b) In determining if any equipment, product, or material is drug
paraphernalia, a court or law enforcement officer shall consider, in
addition to other relevant factors, the following:
(1) Any statement by the owner or by anyone in control of the equipment,
product, or material, concerning its use.
(2) The proximity in time or space of the equipment, product, or
material, or of the act relating to the equipment, product, or material,
to a violation of any provision of this chapter or Ohio R.C. Chapter
2925.
(3) The proximity of the equipment, product, or material to any
controlled substance.
(4) The existence of any residue of a controlled substance on the
equipment, product, or material.
(5) Direct or circumstantial evidence of the intent of the owner, or of
anyone in control, of the equipment, product, or material, to deliver it
to any person whom he or she knows intends to use the equipment,
product, or material to facilitate a violation of any provision of this
chapter or Ohio R.C. Chapter 2925. A finding that the owner or anyone in
control of the equipment, product, or material is not guilty of a
violation of any other provision of this chapter or Ohio R.C. Chapter
2925 does not prevent a finding that the equipment, product, or material
was intended or designed by the offender for use as drug paraphernalia.
(6) Any oral or written instruction provided with the equipment,
product, or material concerning its use.
(7) Any descriptive material accompanying the equipment, product, or
material and explaining or depicting its use.
(8) National or local advertising concerning the use of the equipment,
product, or material.
(9) The manner and circumstances in which the equipment, product, or
material is displayed for sale.
(10) Direct or circumstantial evidence of the ratio of the sales of the
equipment, product, or material to the total sales of the business
enterprise.
(11) The existence and scope of legitimate uses of the equipment,
product, or material in the community.
(12) Expert testimony concerning the use of the equipment, product, or
material.
(c) (1) No person shall knowingly use, or possess with purpose to
use, drug paraphernalia.
(2) No person shall knowingly sell, or possess or manufacture with
purpose to sell, drug paraphernalia, if he or she knows or reasonably
should know that the equipment, product, or material will be used as
drug paraphernalia.
(3) No person shall place an advertisement in any newspaper, magazine,
handbill, or other publication that is published and printed and
circulates primarily within this State, if he or she knows that the
purpose of the advertisement is to promote the illegal sale in this
Municipality or in this State of the equipment, product, or material
that the offender intended or designed for use as drug paraphernalia.
(d) This section does not apply to manufacturers, licensed health
professionals authorized to prescribe drugs, pharmacists, owners of
pharmacies, and other persons whose conduct is in accordance with Ohio
R.C. Chapters 3719, 4715, 4723, 4729, 4730, 4731, and 4741. This section
shall not be construed to prohibit the possession or use of a hypodermic
as authorized by Ohio R.C. 3719.172.
(e) Notwithstanding Ohio R.C. Chapter 2981, any drug paraphernalia
that was used, possessed, sold, or manufactured in violation of this
section shall be seized, after a conviction for that violation, shall be
forfeited, and upon forfeiture shall be disposed of pursuant to Ohio
R.C. 2981.12(B).
(f) (1) Whoever violates division (c)(1) of this section is guilty of
illegal use or possession of drug paraphernalia, a misdemeanor of the
fourth degree.
(2) Except as provided in division (f)(3) of this section, whoever
violates division (c)(2) of this section is guilty of dealing in drug
paraphernalia, a misdemeanor of the second degree.
(3) Whoever violates division (c)(2) of this section by selling drug
paraphernalia to a juvenile is guilty of selling drug paraphernalia to
juveniles, a misdemeanor of the first degree.
(4) Whoever violates division (c)(3) of this section is guilty of
illegal advertising of drug paraphernalia, a misdemeanor of the second
degree.
(g) In addition to any other sanction imposed upon an offender for a
violation of this section, the court shall suspend for not less than six
months nor more than five years the offender's driver's or commercial
driver's license or permit. If the offender is a professionally licensed
person, in addition to any other sanction imposed for a violation of
this section, the court shall immediately comply with Ohio R.C. 2925.38.
(ORC 2925.14)
624.07 ABUSING HARMFUL INTOXICANTS.
(a) Except for lawful research, clinical, medical, dental, or veterinary
purposes, no person, with purpose to induce intoxication or similar
physiological effects, shall obtain, possess, or use a harmful
intoxicant.
(b) Whoever violates this section is guilty of abusing harmful
intoxicants, a misdemeanor of the first degree. If the offender
previously has been convicted of a drug abuse offense, abusing harmful
intoxicants is a felony to be prosecuted under appropriate State law.
(c) In addition to any other sanction imposed upon an offender for a
violation of this section, the court shall suspend for not less than six
months nor more than five years the offender's driver's or commercial
driver's license or permit. If the offender is a professionally licensed
person, in addition to any other sanction imposed for a violation of
this section, the court immediately shall comply with Ohio R.C. 2925.38.
(ORC 2925.31)
624.073 IMPROPERLY DISPENSING OR DISTRIBUTING NITROUS OXIDE.
(a) No person who dispenses or distributes nitrous oxide in cartridges
shall fail to comply with either of the following:
(1) The record-keeping requirements established under division (c) of
this section.
(2) The labeling and transaction identification requirements established
under division (d) of this section.
(b) Whoever violates division (a)(1) or (a)(2) of this section is
guilty of improperly dispensing or distributing nitrous oxide, a
misdemeanor of the fourth degree.
(c) Beginning July 1, 2001, a person who dispenses or distributes
nitrous oxide shall record each transaction involving the dispensing or
distribution of the nitrous oxide on a separate card. The person shall
require the purchaser to sign the card and provide a complete residence
address. The person dispensing or distributing the nitrous oxide shall
sign and date the card. The person shall retain the card recording a
transaction for one year from the date of the transaction. The person
shall maintain the cards at the person's business address and make them
available during normal business hours for inspection and copying by
officers or employees of the State Board of Pharmacy or of other law
enforcement agencies that are authorized to investigate violations of
this code, Ohio R.C. Chapters 2925, 3719, or 4729, or Federal drug abuse
control laws. The cards used to record each transaction shall inform the
purchaser of the following:
(1) That nitrous oxide cartridges are to be used only for purposes of
preparing food;
(2) That inhalation of nitrous oxide can have dangerous health effects;
and
(3) That it is a violation of State law to distribute or dispense
cartridges of nitrous oxide to any person under age 21, punishable as a
felony of the fifth degree.
(d) (1) Each cartridge of nitrous oxide dispensed or distributed in
this Municipality shall bear the following printed warning: ANitrous
oxide cartridges are to be used only for purposes of preparing food.
Nitrous oxide cartridges may not be sold to persons under age 21. Do not
inhale contents. Misuse can be dangerous to your health."
(2) Each time a person dispenses or distributes one or more cartridges
of nitrous oxide, the person shall mark the packaging containing the
cartridges with a label or other device that identifies the person who
dispensed or distributed the nitrous oxide and the person's business
address.
(ORC 2925.32(B)(4), (D)(2), (F), (G))
Statutory reference:
Trafficking in harmful intoxicants, felony offenses, see Ohio R.C.
2925.32
624.076 POSSESSING NITROUS OXIDE IN MOTOR VEHICLES.
(a) As used in this section, Amotor vehicle," Astreet," and Ahighway"
have the same meaning as in Ohio R.C. 4511.01.
(b) Unless authorized by these Codified Ordinances or by State law,
no person shall possess an open cartridge of nitrous oxide in either of
the following circumstances:
(1) While operating or being a passenger in or on a motor vehicle on
a street, highway, or other public or private property open to the
public for purposes of vehicular traffic or parking.
(2) While being in or on a stationary motor vehicle on a street,
highway, or other public or private property open to the public for
purposes of vehicular traffic or parking.
(c) Whoever violates this section is guilty of possessing nitrous
oxide in a motor vehicle, a misdemeanor of the fourth degree.
(ORC 2925.33)
624.08 ILLEGAL DISPENSING OF DRUG SAMPLES.
(a) No person shall knowingly furnish a sample drug to another person.
(b) Division (a) of this section does not apply to manufacturers,
wholesalers, pharmacists, owners of pharmacies, licensed health
professionals authorized to prescribe drugs, and other persons whose
conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4723, 4725,
4729, 4730, 4731, and 4741.
(c) (1) Whoever violates this section is guilty of illegal dispensing
of drug samples.
(2) If the drug involved in the offense is a compound, mixture,
preparation, or substance included in Schedule I or II of Ohio R.C.
3719.41 with the exception of marihuana, illegal dispensing of drug
samples is a felony to be prosecuted under appropriate State law.
(3) If the drug involved in the offense is a dangerous drug or a
compound, mixture, preparation, or substance included in Schedule III,
IV or V of Ohio R.C. 3719.41, or is marihuana, the penalty for the
offense shall be determined as follows:
A. Except as otherwise provided in the following division, illegal
dispensing of drug samples is a misdemeanor of the second degree.
B. If the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, illegal dispensing of drug samples is a
misdemeanor of the first degree.
(d) In addition to any prison term authorized or required by division
(c) of this section and Ohio R.C. 2929.13 and 2929.14, and in addition
to any other sanction imposed for the offense under this section or Ohio
R.C. 2929.11 through 2929.18, the court that sentences an offender who
is convicted of or pleads guilty to a violation of division (a) of this
section shall do both of the following:
(1) The court shall suspend for not less than six months nor more than
five years the offender's driver's or commercial driver's license.
(2) If the offender is a professionally licensed person, in addition to
any other sanction imposed for a violation of this section, the court
immediately shall comply with Ohio R.C. 2925.38.
(e) Notwithstanding any contrary provision of Ohio R.C. 3719.21, the
Clerk of Court shall pay a fine imposed for a violation of this section
pursuant to Ohio R.C. 2929.18(A) in accordance with and subject to the
requirements of Ohio R.C. 2925.03(F). The agency that receives the fine
shall use the fine as specified in Ohio R.C. 2925.03(F).
(ORC 2925.36)
Statutory reference:
Felony offenses, see Ohio R.C. 2925.36(C)(2)
624.09 COUNTERFEIT CONTROLLED SUBSTANCES.
(a) No person shall knowingly possess any counterfeit controlled
substance.
(b) Whoever violates division (a) of this section shall be guilty of
possession of counterfeit controlled substances, a misdemeanor of the
first degree.
(c) Notwithstanding any contrary provision of Ohio R.C. 3719.21, the
Clerk of Court shall pay a fine imposed for a violation of this section
pursuant to Ohio R.C. 2929.18(A) in accordance with and subject to the
requirements of Ohio R.C. 2925.03(F). The agency that receives the fine
shall use the fine as specified in Ohio R.C. 2925.03(F).
(ORC 2925.37(A), (G), (M))
Statutory reference:
Trafficking, other felony counterfeit controlled substance offenses, see
Ohio R.C. 2925.37(H) - (K)
624.10 CONTROLLED SUBSTANCE OR PRESCRIPTION LABELS.
(a) Whenever a manufacturer sells a controlled substance, and whenever a
wholesaler sells a controlled substance in a package the wholesaler has
prepared, the manufacturer or wholesaler shall securely affix to each
package in which the controlled substance is contained a label showing
in legible English the name and address of the vendor and the quantity,
kind and form of controlled substance contained therein. No person,
except a pharmacist for the purpose of dispensing a controlled substance
upon a prescription, shall alter, deface or remove any label so affixed.
(b) No person shall alter, deface or remove any label affixed
pursuant to Ohio R.C. 3719.08 as long as any of the original contents
remain.
(ORC 3719.08(A), (E))
(c) Whoever violates this section is guilty of a misdemeanor of the
first degree. If the offender previously has been convicted of a
violation of this section, or Ohio R.C. 3719.07 or 3719.08, or a drug
abuse offense, a violation of this section is a felony to be prosecuted
under appropriate State law. If the violation involves the sale, offer
to sell, or possession of a Schedule I or II controlled substance, with
the exception of marihuana, and if the offender, as a result of the
violation, is a major drug offender, then Ohio R.C. 3719.99(D) applies.
(ORC 3719.99(C))
624.11 POSSESSION, SALE AND DISPOSAL OF HYPODERMICS.
(a) Possession of a hypodermic is authorized for the following:
(1) A manufacturer or distributor of, or dealer in hypodermics, or
medication packaged in hypodermics, and any authorized agent of employee
of that manufacturer, distributor or dealer, in the regular course of
business;
(2) A terminal distributor of dangerous drugs, in the regular course of
business;
(3) A person authorized to administer injections, in the regular course
of the person's profession or employment;
(4) A person, when the hypodermic in his possession was lawfully
obtained and is kept and used for the purpose of self-administration of
insulin or other drug prescribed for the treatment of disease by a
licensed health professional authorized to prescribe drugs;
(5) A person whose use of a hypodermic is for legal research, clinical,
educational or medicinal purposes;
(6) A farmer, for the lawful administration of a drug to an animal;
(7) A person whose use of a hypodermic is for lawful professional,
mechanical, trade or craft purposes.
(b) No manufacturer or distributor of, or dealer in, hypodermics or
medication packaged in hypodermics, or their authorized agents or
employees, and no terminal distributor of dangerous drugs, shall display
any hypodermic for sale. No person authorized to possess a hypodermic
pursuant to division (a) of this section shall negligently fail to take
reasonable precautions to prevent any hypodermic in the person's
possession from theft or acquisition by any unauthorized person.
(ORC 3719.172(A), (B))
(c) Whoever violates division (b) of this section is guilty of a
misdemeanor of the third degree. If the offender previously has been
convicted of a violation of division (b) of this section, Ohio R.C.
3719.05, 3719.06, 3719.13, 3719.172(B), or 3719.31, or a drug abuse
offense, a violation of division (b) of this section is a misdemeanor of
the first degree.
(ORC 3719.99(E))
Statutory reference:
Felony offenses, see Ohio R.C. 3719.172(C), (D)
624.12 EVIDENCE.
(a) (1) In any criminal prosecution for a violation of this chapter
or Ohio R.C. Chapters 2925 or 3719, a laboratory report from the Bureau
of Criminal Identification and Investigation or a laboratory operated by
another law enforcement agency, or a laboratory established by or under
the authority of an institution of higher education that has its main
campus in this State and that is accredited by the Association of
American Universities or the North Central Association of Colleges and
Secondary Schools, primarily for the purpose of providing scientific
service to law enforcement agencies, and signed by the person performing
the analysis, stating that the substance that is the basis of the
alleged offense has been weighed and analyzed and stating the findings
as to the content, weight, and identity of the substance and that it
contains any amount of a controlled substance and the number and
description of unit dosages, is prima facie evidence of the content,
identity, and weight or the existence and number of unit dosages of the
substance. In any criminal prosecution for a violation of Ohio R.C.
2925.041 or a violation of this chapter, Ohio R.C. Chapter 2925 or Ohio
R.C. Chapter 3719 that is based on the possession of chemicals
sufficient to produce a compound, mixture, preparation, or substance
included in Schedule I, II, III, IV, or V, a laboratory report from the
Bureau or from any laboratory that is operated or established as
described in this division that is signed by the person performing the
analysis, stating that the substances that are the basis of the alleged
offense have been weighed and analyzed and stating the findings as to
the content, weight, and identity of each of the substances, is prima
facie evidence of the content, identity, and weight of the substances.
(2) Attached to that report shall be a copy of a notarized statement by
the signer of the report giving the name of the signer and stating that
the signer is an employee of the laboratory issuing the report and that
performing the analysis is a part of the signer's regular duties, and
giving an outline of the signer's education, training, and experience
for performing an analysis of materials included under this section. The
signer shall attest that scientifically accepted tests were performed
with due caution, and that the evidence was handled in accordance with
established and accepted procedures while in the custody of the
laboratory.
(b) The prosecuting attorney shall serve a copy of the report on the
attorney of record for the accused, or on the accused if the accused has
no attorney, prior to any proceeding in which the report is to be used
against the accused other than at a preliminary hearing or grand jury
proceeding where the report may be used without having been previously
served upon the accused.
(c) The report shall not be prima facie evidence of the contents,
identity, and weight or the existence and number of unit dosages of the
substance if the accused or the accused's attorney demands the testimony
of the person signing the report, by serving the demand upon the
prosecuting attorney, within seven days from the accused or the accused's
attorney's receipt of the report. The time may be extended by a trial
judge in the interests of justice.
(d) Any report issued for use under this section shall contain notice
of the right of the accused to demand, and the manner in which the
accused shall demand, the testimony of the person signing the report.
(e) Any person who is accused of a violation of this chapter or Ohio
R.C. Chapters 2925 or 3719 is entitled, upon written request made to the
prosecuting attorney, to have a portion of the substance that is, or of
each of the substances that are, the basis of the alleged violation
preserved for the benefit of independent analysis performed by a
laboratory analyst employed by the accused person, or, if the accused is
indigent, by a qualified laboratory analyst appointed by the court. Such
portion shall be a representative sample of the entire substance that
is, or of each of the substances that are, the basis of the alleged
violation and shall be of sufficient size, in the opinion of the court,
to permit the accused's analyst to make a thorough scientific analysis
concerning the identity of the substance or substances. The prosecuting
attorney shall provide the accused's analyst with the sample portion at
least 14 days prior to trial, unless the trial is to be held in a court
not of record or unless the accused person is charged with a minor
misdemeanor, in which case the prosecuting attorney shall provide the
accused's analyst with the sample portion at least three days prior to
trial. If the prosecuting attorney determines that such a sample portion
cannot be preserved and given to the accused's analyst, the prosecuting
attorney shall so inform the accused person, or the accused's attorney.
In such a circumstance, the accused person is entitled, upon written
request made to the prosecuting attorney, to have the accused's
privately employed or court appointed analyst present at an analysis of
the substance that is, or the substances that are, the basis of the
alleged violation, and, upon further written request, to receive copies
of all recorded scientific data that result from the analysis and that
can be used by an analyst in arriving at conclusions, findings, or
opinions concerning the identity of the substance or substances subject
to the analysis.
(f) In addition to the rights provided under division (e) of this
section, any person who is accused of a violation of this chapter or
Ohio R.C. Chapters 2925 or 3719 that involves a bulk amount of a
controlled substance, or any multiple thereof, or who is accused of a
violation of Ohio R.C. 2925.11 or a substantially equivalent municipal
ordinance, other than a minor misdemeanor violation, that involves
marihuana, is entitled, upon written request made to the prosecuting
attorney, to have a laboratory analyst of the accused's choice, or, if
the accused is indigent, a qualified laboratory analyst appointed by the
court, present at a measurement or weighing of the substance that is the
basis of the alleged violation. Also, the accused person is entitled,
upon further written request, to receive copies of all recorded
scientific data that result from the measurement or weighing and that
can be used by an analyst in arriving at conclusions, findings, or
opinions concerning the weight, volume, or number of unit doses of the
substance subject to the measurement or weighing.
(ORC 2925.51)
(g) In addition to the financial sanctions authorized or required
under Ohio R.C. 2929.18 and 2929.28 and to any costs otherwise
authorized or required under any provision of law, the court imposing
sentence upon an offender who is convicted of or pleads guilty to a drug
abuse offense may order the offender to pay to the state, municipal, or
county law enforcement agencies that handled the investigation and
prosecution all of the costs that the state, municipal corporation, or
county reasonably incurred in having tests performed under this section
or Ohio R.C. 2925.51 or in any other manner on any substance that was
the basis of, or involved in, the offense to determine whether the
substance contained any amount of a controlled substance if the results
of the tests indicate that the substance tested contained any controlled
substance. No court shall order an offender under this section to pay
the costs of tests performed on a substance if the results of the tests
do not indicate that the substance tested contained any controlled
substance. The court shall hold a hearing to determine the amount of
costs to be imposed under this section. The court may hold the hearing
as part of the sentencing hearing for the offender.
(ORC 2925.511)
624.13 DOUBLE JEOPARDY.
No person shall be prosecuted for a violation of this chapter if the
person has been acquitted or convicted under the Federal drug abuse
control laws of the same act or omission which, it is alleged,
constitutes a violation of this chapter.
(ORC 2925.50, 3719.19)
624.14 CONTROLLED SUBSTANCE SCHEDULES.
Controlled Substance Schedules I, II, III, IV, and V, as established in
Ohio R.C. 3719.41 and amended by Ohio R.C. 3719.43 and 3719.44, are
hereby adopted by reference, and shall be treated as if set forth in
full herein.
Statutory reference:
For comprehensive lists of drugs identified under each of the following
Schedules, see Ohio R.C.
3719.41, as amended by Ohio R.C. 3719.43 and 3719.44:
Schedule I
(a) Narcotics - opiates
(b) Narcotics - opium derivatives
(c) Hallucinogens
(d) Depressants
(e) Stimulants
Schedule II
(a) Narcotics - opium and opium derivatives
(b) Narcotics - opiates
(c) Stimulants
(d) Depressants
(e) Hallucinogenic substances
(f) Immediate precursors
Schedule III
(a) Stimulants
(b) Depressants
(c) Narcotic antidotes
(d) Narcotics - narcotic preparations
(e) Anabolic steroids
(f) Hallucinogenic substances
Schedule IV
(a) Narcotic drugs
(b) Depressants
(c) Fenfluramine
(d) Stimulants
(e) Other substances
Schedule V
(a) Narcotic drugs
(b) Narcotics - narcotic preparations
(c) Stimulants
624.15 PSEUDOEPHEDRINE SALES.
(a) Unlawful Purchases.
(1) As used in divisions (a) through (d) of this section:
A. AConsumer product" means any food or drink that is consumed or used
by humans and any drug, including a drug that may be provided legally
only pursuant to a prescription, that is intended to be consumed or used
by humans.
B. APseudoephedrine" means any material, compound, mixture, or
preparation that contains any quantity of pseudoephedrine, any of its
salts, optical isomers, or salts of optical isomers.
C. APseudoephedrine product" means a consumer product consisting of a
single-ingredient preparation of pseudoephedrine in which
pseudoephedrine is the active ingredient. APseudoephedrine product" does
not include either of the following:
1. A consumer product containing pseudoephedrine that is in a liquid,
liquid capsule, or gel capsule form;
2. A consumer product primarily intended for administration to children
under 12 years of age, according to the label instructions, in solid
dosage form, including chewable tablets, when individual dosage units do
not exceed 15 milligrams of pseudoephedrine.
D. ARetailer" means a place of business that offers consumer products
for sale to the general public.
E. ASingle-ingredient preparation" means a compound, mixture,
preparation, or substance that contains a single active ingredient.
F. ATerminal distributor of dangerous drugs" has the same meaning as in
Ohio R.C. 4729.01.
(2) A. No individual shall knowingly purchase, receive, or otherwise
acquire more than nine grams of any pseudoephedrine product within a
period of 30 consecutive days, unless the pseudoephedrine product is
dispensed by a pharmacist pursuant to a valid prescription issued by a
licensed health professional authorized to prescribe drugs and the
conduct of the pharmacist and the licensed health professional
authorized to prescribe drugs is in accordance with Ohio R.C. Chapter
3719, 4715, 4723, 4729, 4731, or 4741.
B. It is not a violation of division (a)(2)A. of this section for an
individual to receive or accept more than nine grams of any
pseudoephedrine product within a period of 30 consecutive days if the
individual is an employee of a retailer or terminal distributor of
dangerous drugs, and the employee receives or accepts from the retailer
or terminal distributor of dangerous drugs the pseudoephedrine product
in a sealed container in connection with manufacturing, warehousing,
placement, stocking, bagging, loading, or unloading of the product.
(3) A. No individual under 18 years of age shall knowingly purchase,
receive, or otherwise acquire a pseudoephedrine product, unless the
pseudoephedrine product is dispensed by a pharmacist pursuant to a valid
prescription issued by a licensed health professional authorized to
prescribe drugs and the conduct of the pharmacist and the licensed
health professional authorized to prescribe drugs is in accordance with
Ohio R.C. Chapter 3719, 4715, 4723, 4729, 4731, or 4741.
B. Division (a)(3)A. of this section does not apply to an individual
under 18 years of age who purchases, receives, or otherwise acquires a
pseudoephedrine product from any of the following:
1. A licensed health professional authorized to prescribe drugs or
pharmacist who dispenses, sells, or otherwise provides the
pseudoephedrine product to that individual and whose conduct is in
accordance with Ohio R.C. Chapter 3719, 4715, 4723, 4729, 4731, or 4741;
2. A parent or guardian of that individual who provides the
pseudoephedrine product to the individual;
3. A person, as authorized by that individual's parent or guardian, who
dispenses, sells, or otherwise provides the pseudoephedrine product to
the individual;
4. A retailer or terminal distributor of dangerous drugs who provides
the pseudoephedrine product to that individual if the individual is an
employee of the retailer or terminal distributor of dangerous drugs and
the individual receives or accepts from the retailer or terminal
distributor of dangerous drugs the pseudoephedrine product in a sealed
container in connection with manufacturing, warehousing, placement,
stocking, bagging, loading, or unloading of the product.
(4) No individual under 18 years of age shall knowingly show or give
false information concerning the individual's name, age, or other
identification for the purpose of purchasing, receiving, or otherwise
acquiring a pseudoephedrine product.
(5) No individual shall knowingly fail to comply with the requirements
of division (e)(3)C. of this section.
(6) Whoever violates division (a)(2)A. of this section is guilty of
unlawful purchase of a pseudoephedrine product, a misdemeanor of the
first degree.
(7) Whoever violates division (a)(3)A. of this section is guilty of
underage purchase of a pseudoephedrine product, a delinquent act that
would be a misdemeanor of the fourth degree if it could be committed by
an adult.
(8) Whoever violates division (a)(4) of this section is guilty of using
false information to purchase a pseudoephedrine product, a delinquent
act that would be a misdemeanor of the first degree if it could be
committed by an adult.
(9) Whoever violates division (a)(5) of this section is guilty of
improper purchase of a pseudoephedrine product, a misdemeanor of the
fourth degree.
(ORC 2925.55)
(b) Unlawful Retail Sales.
(1) A. Except as provided in division (b)(1)B. of this section, no
retailer or terminal distributor of dangerous drugs or an employee of a
retailer or terminal distributor of dangerous drugs shall knowingly
sell, offer to sell, hold for sale, deliver, or otherwise provide to any
individual within a period of 30 consecutive days an amount of
pseudoephedrine product that is greater than nine grams.
B. Division (b)(1)A. of this section does not apply to any quantity
of pseudoephedrine product dispensed by a pharmacist pursuant to a valid
prescription issued by a licensed health professional authorized to
prescribe drugs if the conduct of the pharmacist and the licensed health
professional authorized to prescribe drugs is in accordance with Ohio
R.C. Chapter 3719, 4715, 4723, 4729, 4731, or 4741.
C. It is not a violation of division (b)(1)A. of this section for a
retailer, terminal distributor of dangerous drugs, or employee of either
to provide to an individual more than nine grams of any pseudoephedrine
product within a period of 30 consecutive days if the individual is an
employee of the retailer or terminal distributor of dangerous drugs, and
the employee receives or accepts from the retailer, terminal distributor
of dangerous drugs, or employee the pseudoephedrine product in a sealed
container in connection with manufacturing, warehousing, placement,
stocking, bagging, loading, or unloading of the product.
(2) A. Except as provided in division (b)(2)B. of this section, no
retailer or terminal distributor of dangerous drugs or an employee of a
retailer or terminal distributor of dangerous drugs shall sell, offer to
sell, hold for sale, deliver, or otherwise provide a pseudoephedrine
product to an individual who is under 18 years of age.
B. Division (b)(2)A. of this section does not apply to any of the
following:
1. A licensed health professional authorized to prescribe drugs or
pharmacist who dispenses, sells, or otherwise provides a pseudoephedrine
product to an individual under 18 years of age and whose conduct is in
accordance with Ohio R.C. Chapter 3719, 4715, 4723, 4729, 4731, or 4741;
2. A parent or guardian of an individual under 18 years of age who
provides a pseudoephedrine product to the individual;
3. A person who, as authorized by the individual's parent or guardian,
dispenses, sells, or otherwise provides a pseudoephedrine product to an
individual under 18 years of age;
4. The provision by a retailer, terminal distributor of dangerous drugs,
or employee of either of a pseudoephedrine product in a sealed container
to an employee of the retailer or terminal distributor of dangerous
drugs who is under 18 years of age in connection with manufacturing,
warehousing, placement, stocking, bagging, loading, or unloading of the
product.
(3) No retailer or terminal distributor of dangerous drugs shall fail to
comply with the requirements of division (e)(3)B. of this section.
(4) Whoever violates division (b)(1)A. of this section is guilty of
unlawfully selling a pseudoephedrine product, a misdemeanor of the first
degree.
(5) Whoever violates division (b)(2)A. of this section is guilty of
unlawfully selling a pseudoephedrine product to a minor, a misdemeanor
of the fourth degree.
(6) Whoever violates division (b)(3) of this section is guilty of
improper sale of a pseudoephedrine product, a misdemeanor of the second
degree.
(ORC 2925.56)
(c) Transaction Scans.
(1) As used in this division and division (d) of this section:
A. ACard holder" means any person who presents a driver's or commercial
driver's license or an identification card to a seller, or an agent or
employee of a seller, to purchase or receive any pseudoephedrine product
from the seller, agent, or employee.
B. Identification card" and Atransaction scan device" have the same
meanings as in Ohio R.C. 2927.021.
C. ASeller" means a retailer or terminal distributor of dangerous drugs.
D. ATransaction scan" means the process by which a seller or an agent or
employee of a seller checks by means of a transaction scan device the
validity of a driver's or commercial driver's license or an
identification card that is presented as a condition for purchasing or
receiving any pseudoephedrine product.
(2) A. A seller or an agent or employee of a seller may perform a
transaction scan by means of a transaction scan device to check the
validity of a driver's or commercial driver's license or identification
card presented by a card holder as a condition for selling, giving away,
or otherwise distributing to the card holder a pseudoephedrine product.
B. If the information deciphered by the transaction scan performed under
division (c)(2)A. of this section fails to match the information printed
on the driver's or commercial driver's license or identification card
presented by the card holder, or if the transaction scan indicates that
the information so printed is false or fraudulent, neither the seller
nor any agent or employee of the seller shall sell, give away, or
otherwise distribute any pseudoephedrine product to the card holder.
C. Division (c)(2)A. of this section does not preclude a seller or an
agent or employee of a seller as a condition for selling, giving away,
or otherwise distributing a pseudoephedrine product to the person
presenting the document from using a transaction scan device to check
the validity of a document other than a driver's or commercial driver's
license or an identification card if the document includes a bar code or
magnetic strip that may be scanned by the device.
(3) Rules adopted by the Registrar of Motor Vehicles under Ohio R.C.
4301.61(C) apply to the use of transaction scan devices for purposes of
this division (c) and division (d) of this section.
(4) A. No seller or agent or employee of a seller shall electronically
or mechanically record or maintain any information derived from a
transaction scan, except the following:
1. The name and date of birth of the person listed on the driver's or
commercial driver's license or identification card presented by a card
holder;
2. The expiration date and identification number of the driver's or
commercial driver's license or identification card presented by a card
holder.
B. No seller or agent or employee of a seller shall use the information
that is derived from a transaction scan or that is permitted to be
recorded and maintained under division (c)(4)A. of this section except
for purposes of division (d) of this section.
C. No seller or agent or employee of a seller shall use a transaction
scan device for a purpose other than the purpose specified in division
(c)(2)A. of this section.
D. No seller or agent or employee of a seller shall sell or otherwise
disseminate the information derived from a transaction scan to any third
party, including, but not limited to, selling or otherwise disseminating
that information for any marketing, advertising, or promotional
activities, but a seller or agent or employee of a seller may release
that information pursuant to a court order or as specifically authorized
by division (d) of this section or any other section of the Ohio Revised
Code.
(5) Nothing in this division (c) or division (d) of this section
relieves a seller or an agent or employee of a seller of any
responsibility to comply with any other applicable State or Federal laws
or rules governing the sale, giving away, or other distribution of
pseudoephedrine products.
(6) Whoever violates division (c)(2)B. or (c)(4) of this section is
guilty of engaging in an illegal pseudoephedrine product transaction
scan, and the court may impose upon the offender a civil penalty of up
to one thousand dollars ($1,000) for each violation. The Clerk of the
Court shall pay each collected civil penalty to the County Treasurer for
deposit into the County Treasury.
(ORC 2925.57)
(d) Affirmative Defenses.
(1) A seller or an agent or employee of a seller may not be found guilty
of a charge of a violation of division (b) of this section in which the
age of the purchaser or other recipient of a pseudoephedrine product is
an element of the alleged violation if the seller, agent, or employee
raises and proves as an affirmative defense that all of the following
occurred:
A. A card holder attempting to purchase or receive a pseudoephedrine
product presented a driver's or commercial driver's license or an
identification card.
B. A transaction scan of the driver's or commercial driver's license or
identification card that the card holder presented indicated that the
license or card was valid.
C. The pseudoephedrine product was sold, given away, or otherwise
distributed to the card holder in reasonable reliance upon the
identification presented and the completed transaction scan.
(2) In determining whether a seller or an agent or employee of a seller
has proven the affirmative defense provided by division (d)(1) of this
section, the trier of fact in the action for the alleged violation of
division (b) of this section shall consider any written policy that the
seller has adopted and implemented and that is intended to prevent
violations of division (b) of this section. For purposes of division
(d)(1)C. of this section, the trier of fact shall consider that
reasonable reliance upon the identification presented and the completed
transaction scan may require a seller or an agent or employee of a
seller to exercise reasonable diligence to determine, and that the use
of a transaction scan device does not excuse a seller or an agent or
employee of a seller from exercising reasonable diligence to determine,
the following:
A. Whether a person to whom the seller or agent or employee of a seller
sells, gives away, or otherwise distributes a pseudoephedrine product is
18 years of age or older;
B. Whether the description and picture appearing on the driver's or
commercial driver's license or identification card presented by a card
holder is that of the card holder.
(3) In any criminal action in which the affirmative defense provided by
division (d)(1) of this section is raised, the Registrar of Motor
Vehicles or a deputy registrar who issued an identification card under
Ohio R.C. 4507.50 through 4507.52 shall be permitted to submit certified
copies of the records of that issuance in lieu of the testimony of the
personnel of or contractors with the Bureau of Motor Vehicles in the
action.
(ORC 2925.58)
(e) Retailer's Duties.
(1) As used in this division and division (f) of this section:
A. ADrug," Alicensed health professional authorized to prescribe drugs,"
Apharmacy," Aprescriber," Aprescription," and Aterminal distributor of
dangerous drugs" have the same meanings as in Ohio R.C. 4729.01.
B. APharmacist" means a person licensed under Ohio R.C. Chapter 4729 to
engage in the practice of pharmacy.
C. AProof of age" means a driver's license, a commercial driver's
license, a military identification card, a passport, or an
identification card issued under Ohio R.C. 4507.50 through 4507.52 that
shows a person is 18 years of age or older.
D. AWholesaler" has the same meaning as in Ohio R.C. 3719.01.
(2) A retailer or terminal distributor of dangerous drugs that sells,
offers to sell, holds for sale, delivers, or otherwise provides a
pseudoephedrine product to the public shall do all of the following:
A. Segregate pseudoephedrine products from other merchandise so that no
member of the public may procure or purchase such products without the
direct assistance of a pharmacist or other authorized employee of the
retailer or terminal distributor of dangerous drugs;
B. With regard to each time a pseudoephedrine product is sold or
otherwise provided:
1. Determine, by examination of a valid proof of age, that the purchaser
or recipient is at least 18 years of age;
2. Make a reasonable attempt to ensure that no individual purchases or
receives more than nine grams of pseudoephedrine products within a
period of 30 consecutive days;
C. Maintain a log book of pseudoephedrine product purchases, in
accordance with division (e)(3) of this section.
(3) A. As used in this division (e)(3), Alaw enforcement official" means
an officer or employee of any agency or authority of the United States,
a state, a territory, a political division of a state or territory, or
an Indian tribe, who is empowered by the law to investigate or conduct
an official inquiry into a potential violation of law or prosecute or
otherwise conduct a criminal, civil, or administrative proceeding
arising from an alleged violation of law.
B. A retailer or terminal distributor of dangerous drugs that sells,
offers to sell, holds for sale, delivers, or otherwise provides a
pseudoephedrine product to the public shall maintain a log book of all
purchases of pseudoephedrine products. The log book may be maintained in
a tangible format, in an electronic format, or in both a tangible format
and an electronic format. As part of this requirement, the retailer or
terminal distributor of dangerous drugs shall do all of the following:
1. Require each purchaser to sign an entry in the log book that is
maintained in the electronic or tangible format;
2. Determine whether the name signed in the entry in the log book
corresponds with the name on a government-issued identification card;
3. Retain the log book in a tangible format, in an electronic format, or
in both a tangible format and an electronic format for a minimum of one
year after the date of the last purchase recorded in the log book;
4. Include in the log book in the manner described in division (e)(3)E.
of this section or, in the alternative, post, in a conspicuous location,
the following statement: AOhio law prohibits the over-the-counter
purchase within any period of 30 consecutive days of more than nine
grams of any consumer product in which pseudoephedrine is the only
active ingredient. If you purchase a consumer product in which
pseudoephedrine is the only active ingredient, you are required to sign
a log book that may be accessible to law enforcement officers and to
provide a government-issued identification card to verify your identity.
Except in limited circumstances, the purchase within any period of 30
consecutive days of more than nine grams of any consumer product in
which pseudoephedrine is the only active ingredient, and the purchase by
any individual under 18 years of age of any consumer product in which
pseudoephedrine is the only active ingredient, are subject to criminal
prosecution or delinquency proceedings in accordance with Ohio law.
Also, the provision of false information concerning an individual's
name, age, or other identification for the purpose of acquiring any
consumer product in which pseudoephedrine is the only active ingredient
is subject to criminal prosecution or delinquency proceedings in
accordance with Ohio law."
C. Each purchaser of a pseudoephedrine product shall do all of the
following:
1. Sign and print the purchaser's name and address in the log book;
2. Provide a government-issued identification card to the retailer or
terminal distributor of dangerous drugs to verify the purchaser's
identity.
D. Information contained in the log book may not be used or disclosed
except in the following circumstances:
1. In response to a court order or subpoena;
2. In response to a request from a law enforcement official to be used
for law enforcement purposes.
E. If a retailer or terminal distributor of dangerous drugs chooses to
include the statement set forth in division (e)(3)B.4. of this section
in the log book maintained under division (e)(3)B. of this section, the
statement shall be set forth in the following manner:
1. If the log book is maintained in an electronic format, the
statement shall be set forth in such a manner that it is presented on
the viewing screen to each purchaser who is signing an entry in the log
book before the purchaser may sign the entry.
2. If the log book is maintained in a tangible format, the statement
shall be set forth on the cover of the log book and on each page of the
log book.
(4) Prescriptions, orders, and records maintained pursuant to this
section and stocks of pseudoephedrine products shall be open for
inspection to Federal, State, county, and municipal officers, and
employees of the State Board of Pharmacy whose duty it is to enforce the
laws of this state or of the United States relating to controlled
substances. Such prescriptions, orders, records, and stocks shall be
open for inspection by the State Medical Board and its employees for
purposes of enforcing Ohio R.C. Chapter 4731.
(ORC 3715.05)
(f) Theft or Loss; Reporting Requirements.
(1) Each retailer, terminal distributor of dangerous drugs, pharmacy,
prescriber, or wholesaler that sells, offers to sell, holds for sale,
delivers, or otherwise provides any pseudoephedrine product and that
discovers the theft or loss of any pseudoephedrine product in an amount
of more than nine grams per incident of theft or loss shall notify all
of the following upon discovery of the theft or loss:
A. The State Board of Pharmacy, by telephone immediately upon discovery
of the theft or loss;
B. Law enforcement authorities. If the incident is a theft and the theft
constitutes a felony, the retailer, terminal distributor of dangerous
drugs, pharmacy, prescriber, or wholesaler shall report the theft to the
law enforcement authorities in accordance with Ohio R.C. 2921.22.
(2) Within 30 days after making a report by telephone to the State Board
of Pharmacy pursuant to division (f)(1)A. of this section, a retailer,
terminal distributor of dangerous drugs, pharmacy, prescriber, or
wholesaler shall send a written report to the State Board of Pharmacy.
(3) The reports required under this section shall identify the product
that was stolen or lost, the amount of the product stolen or lost, and
the date and time of discovery of the theft or loss.
(ORC 3715.06)
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