Ohio Revised Code 2903.211 defines menacing by stalking as a person who:
A. Engages in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person. In addition to any other basis for the other person’s belief that the offender will cause physical harm to the other person or the other person’s family or household member or mental distress to the other person or the other person’s family or household member, the other person’s belief or mental distress may be based on words or conduct of the offender that are directed at or identify a corporation, association, or other organization that employs the other person or to which the other person belongs.
B. Through the use of any form of written communication or any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, r-computer system, or telecommunication device shall post a message or use any intentionally written or verbal graphic gesture with purpose to engage in the above pattern or urge or incite another to commit a violation of the above definition.
Menacing Penalties
A menacing offense is a fourth-degree misdemeanor punishable by up to 30 days in jail and/or a fine of up to $250.
Menacing becomes a first-degree misdemeanor punishable by up to 180 days in jail and/or a fine of up to $1,000 if the alleged victim is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties.
If the alleged offender has been previously convicted of or pleaded guilty to a violent offense, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, then menacing becomes a fourth-degree felony punishable by up to 18 months in prison and/or a fine of up to $5,000.
Aggravated Menacing
When an alleged offender knowingly causes another to believe that he or she will cause serious physical harm to the alleged victim or property of the alleged victim, the alleged victim’s unborn, or a member of the alleged victim’s immediate family, Ohio Revised Code 2903.21 defines the offense as aggravated menacing.
Aggravated menacing is a first-degree misdemeanor, although the crime is classified as a fifth-degree felony punishable by up to 12 months in prison and/or a fine of up to $2,500 when the alleged victim is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties.
When alleged offenders have been previously convicted of or pleaded guilty to a violent offense, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, aggravated menacing is also a fourth-degree felony.
Menacing By Stalking
Ohio Revised Code 2903.211 defines the offense of menacing by stalking as an alleged offender engaging in a pattern of conduct shall that knowingly causes another person to believe that the alleged offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person. A “pattern of conduct” is defined as “two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, or two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, directed at one or more persons employed by or belonging to the same corporation, association, or other organization.” The statute includes violations through the use of any form of written communication or any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, r-computer system, or telecommunication device.
Menacing by stalking is generally a first-degree misdemeanor offense, but the crime can be classified as a fourth-degree felony if:
• The alleged offender has been previously convicted of or pleaded guilty to menacing by stalking or aggravated trespass;
• In committing the alleged offense, the alleged offender made a threat of physical harm to or against the victim, or as a result of committing the alleged offense, a third person induced by the alleged offender’s posted message made a threat of physical harm to or against the victim;
• In committing the alleged offense, the alleged offender trespassed on the land or premises where the alleged victim lives, is employed, or attends school, or as a result of committing the alleged offense, a third person induced by the alleged offender’s posted message trespassed on the land or premises where the alleged victim lives, is employed, or attends school;
• The alleged victim is a minor;
• The alleged offender has a history of violence toward the alleged victim or any other person or a history of other violent acts toward the alleged victim or any other person;
• While committing the alleged offense, the alleged offender had a deadly weapon on or about the alleged offender’s person or under the alleged offender’s control;
• At the time of the commission of the offense, the alleged offender was the subject of a protection order, regardless of whether the person to be protected under the order is the alleged victim of the offense or another person;
• In committing the alleged offense, the alleged offender caused serious physical harm to the premises at which the alleged victim resides, to the real property on which that premises is located, or to any personal property located on that premises, or, as a result of committing the alleged offense, a third person induced by the alleged offender’s posted message caused serious physical harm to that premises, that real property, or any personal property on that premises; or
• Prior to committing the alleged offense, the alleged offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present danger.
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