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Ohio Laws and Rules
As used in sections 2909.01 to 2909.07 of the Revised Code:
(A) To “create a substantial risk of serious physical harm to any person” includes the creation of a substantial risk of serious physical harm to any emergency personnel.
(B) “Emergency personnel” means any of the following persons:
(1) A peace officer, as defined in section 2935.01 of the Revised Code;
(2) A member of a fire department or other firefighting agency of a municipal corporation, township, township fire district, joint fire district, other political subdivision, or combination of political subdivisions;
(3) A member of a private fire company, as defined in section 9.60 of the Revised Code, or a volunteer firefighter;
(4) A member of a joint ambulance district or joint emergency medical services district;
(5) An emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, ambulance operator, or other member of an emergency medical service that is owned or operated by a political subdivision or a private entity;
(6) The state fire marshal, the chief deputy state fire marshal, or an assistant state fire marshal;
(7) A fire prevention officer of a political subdivision or an arson, fire, or similar investigator of a political subdivision.
(C) “Occupied structure” means any house, building, outbuilding, watercraft, aircraft, railroad car, truck, trailer, tent, or other structure, vehicle, or shelter, or any portion thereof, to which any of the following applies:
(1) It is maintained as a permanent or temporary dwelling, even though it is temporarily unoccupied and whether or not any person is actually present.
(2) At the time, it is occupied as the permanent or temporary habitation of any person, whether or not any person is actually present.
(3) At the time, it is specially adapted for the overnight accommodation of any person, whether or not any person is actually present.
(4) At the time, any person is present or likely to be present in it.
(D) “Political subdivision” and “state” have the same meanings as in section 2744.01 of the Revised Code.
(E) “Computer,” “computer hacking,” “computer network,” “computer program,” “computer software,” “computer system,” “data,” and “telecommunications device” have the same meanings as in section 2913.01 of the Revised Code.
(F) “Computer contaminant” means a computer program that is designed to modify, damage, destroy, disable, deny or degrade access to, allow unauthorized access to, functionally impair, record, or transmit information within a computer, computer system, or computer network without the express or implied consent of the owner or other person authorized to give consent and that is of a type or kind described in divisions (F)(1) to (4) of this section or of a type or kind similar to a type or kind described in divisions (F)(1) to (4) of this section:
(1) A group of computer programs commonly known as “viruses” and “worms” that are self-replicating or self-propagating and that are designed to contaminate other computer programs, compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network;
(2) A group of computer programs commonly known as “Trojans” or “Trojan horses” that are not self-replicating or self-propagating and that are designed to compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network;
(3) A group of computer programs commonly known as “zombies” that are designed to use a computer without the knowledge and consent of the owner, or other person authorized to give consent, and that are designed to send large quantities of data to a targeted computer network for the purpose of degrading the targeted computer’s or network’s performance, or denying access through the network to the targeted computer or network, resulting in what is commonly known as “Denial of Service” or “Distributed Denial of Service” attacks;
(4) A group of computer programs commonly know as “trap doors,” “back doors,” or “root kits” that are designed to bypass standard authentication software and that are designed to allow access to or use of a computer without the knowledge or consent of the owner, or other person authorized to give consent.
(G) “Internet” has the same meaning as in section 341.42 of the Revised Code.
Effective Date: 03-19-2003; 09-23-2004
(A) No person, by means of fire or explosion, shall knowingly do any of the following:
(1) Create a substantial risk of serious physical harm to any person other than the offender;
(2) Cause physical harm to any occupied structure;
(3) Create, through the offer or acceptance of an agreement for hire or other consideration, a substantial risk of physical harm to any occupied structure.
(B)(1) Whoever violates this section is guilty of aggravated arson.
(2) A violation of division (A)(1) or (3) of this section is a felony of the first degree.
(3) A violation of division (A)(2) of this section is a felony of the second degree.
Effective Date: 07-01-1996
(A) No person, by means of fire or explosion, shall knowingly do any of the following:
(1) Cause, or create a substantial risk of, physical harm to any property of another without the other person’s consent;
(2) Cause, or create a substantial risk of, physical harm to any property of the offender or another, with purpose to defraud;
(3) Cause, or create a substantial risk of, physical harm to the statehouse or a courthouse, school building, or other building or structure that is owned or controlled by the state, any political subdivision, or any department, agency, or instrumentality of the state or a political subdivision, and that is used for public purposes;
(4) Cause, or create a substantial risk of, physical harm, through the offer or the acceptance of an agreement for hire or other consideration, to any property of another without the other person’s consent or to any property of the offender or another with purpose to defraud;
(5) Cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by another person, the state, or a political subdivision without the consent of the other person, the state, or the political subdivision;
(6) With purpose to defraud, cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by the offender, another person, the state, or a political subdivision.
(B)(1) Whoever violates this section is guilty of arson.
(2) A violation of division (A)(1) of this section is one of the following:
(a) Except as otherwise provided in division (B)(2)(b) of this section, a misdemeanor of the first degree;
(b) If the value of the property or the amount of the physical harm involved is five hundred dollars or more, a felony of the fourth degree.
(3) A violation of division (A)(2), (3), (5), or (6) of this section is a felony of the fourth degree.
(4) A violation of division (A)(4) of this section is a felony of the third degree.
Effective Date: 07-01-1996
(A) No person, purposely by any means or knowingly by damaging or tampering with any property, shall do any of the following:
(1) Interrupt or impair television, radio, telephone, telegraph, or other mass communications service; police, fire, or other public service communications; radar, loran, radio, or other electronic aids to air or marine navigation or communications; or amateur or citizens band radio communications being used for public service or emergency communications;
(2) Interrupt or impair public transportation, including without limitation school bus transportation, or water supply, gas, power, or other utility service to the public;
(3) Substantially impair the ability of law enforcement officers, firefighters, rescue personnel, emergency medical services personnel, or emergency facility personnel to respond to an emergency or to protect and preserve any person or property from serious physical harm.
(B) No person shall knowingly use any computer, computer system, computer network, telecommunications device, or other electronic device or system or the internet so as to disrupt, interrupt, or impair the functions of any police, fire, educational, commercial, or governmental operations.
(C) Whoever violates this section is guilty of disrupting public services, a felony of the fourth degree.
(D) As used in this section:
(1) “Emergency medical services personnel” has the same meaning as in section 2133.21 of the Revised Code.
(2) “Emergency facility personnel” means any of the following:
(a) Any of the following individuals who perform services in the ordinary course of their professions in an emergency facility:
(i) Physicians authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
(ii) Registered nurses and licensed practical nurses licensed under Chapter 4723. of the Revised Code;
(iii) Physician assistants authorized to practice under Chapter 4730. of the Revised Code;
(iv) Health care workers;
(v) Clerical staffs.
(b) Any individual who is a security officer performing security services in an emergency facility;
(c) Any individual who is present in an emergency facility, who was summoned to the facility by an individual identified in division (D)(2)(a) or (b) of this section.
(3) “Emergency facility” means a hospital emergency department or any other facility that provides emergency medical services.
(4) “Hospital” has the same meaning as in section 3727.01 of the Revised Code.
(5) “Health care worker” means an individual, other than an individual specified in division (D)(2)(a), (b), or (c) of this section, who provides medical or other health-related care or treatment in an emergency facility, including medical technicians, medical assistants, orderlies, aides, or individuals acting in similar capacities.
Effective Date: 01-25-2002; 09-23-2004
(A) No person shall knowingly cause serious physical harm to an occupied structure or any of its contents.
(B)(1) No person shall knowingly cause physical harm to property that is owned or possessed by another, when either of the following applies:
(a) The property is used by its owner or possessor in the owner’s or possessor’s profession, business, trade, or occupation, and the value of the property or the amount of physical harm involved is five hundred dollars or more;
(b) Regardless of the value of the property or the amount of damage done, the property or its equivalent is necessary in order for its owner or possessor to engage in the owner’s or possessor’s profession, business, trade, or occupation.
(2) No person shall knowingly cause serious physical harm to property that is owned, leased, or controlled by a governmental entity. A governmental entity includes, but is not limited to, the state or a political subdivision of the state, a school district, the board of trustees of a public library or public university, or any other body corporate and politic responsible for governmental activities only in geographical areas smaller than that of the state.
(C) No person, without privilege to do so, shall knowingly cause serious physical harm to any tomb, monument, gravestone, or other similar structure that is used as a memorial for the dead; to any fence, railing, curb, or other property that is used to protect, enclose, or ornament any cemetery; or to a cemetery.
(D) No person, without privilege to do so, shall knowingly cause physical harm to a place of burial by breaking and entering into a tomb, crypt, casket, or other structure that is used as a memorial for the dead or as an enclosure for the dead.
(E) Whoever violates this section is guilty of vandalism. Except as otherwise provided in this division, vandalism is a felony of the fifth degree that is punishable by a fine of up to two thousand five hundred dollars in addition to the penalties specified for a felony of the fifth degree in sections 2929.11 to 2929.18 of the Revised Code. If the value of the property or the amount of physical harm involved is five thousand dollars or more but less than one hundred thousand dollars, vandalism is a felony of the fourth degree. If the value of the property or the amount of physical harm involved is one hundred thousand dollars or more, vandalism is a felony of the third degree.
(F) For purposes of this section:
(1) “Cemetery” means any place of burial and includes burial sites that contain American Indian burial objects placed with or containing American Indian human remains.
(2) “Serious physical harm” means physical harm to property that results in loss to the value of the property of five hundred dollars or more.
Effective Date: 09-30-1998
(A) No person shall cause, or create a substantial risk of physical harm to any property of another without the other person’s consent:
(1) Knowingly, by any means;
(2) Recklessly, by means of fire, explosion, flood, poison gas, poison, radioactive material, caustic or corrosive material, or other inherently dangerous agency or substance.
(B) Whoever violates this section is guilty of criminal damaging or endangering, a misdemeanor of the second degree. If a violation of this section creates a risk of physical harm to any person, criminal damaging or endangering is a misdemeanor of the first degree. If the property involved in a violation of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, or any other equipment or implement used or intended to be used in the operation of an aircraft and if the violation creates a risk of physical harm to any person, criminal damaging or endangering is a felony of the fifth degree. If the property involved in a violation of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, or any other equipment or implement used or intended to be used in the operation of an aircraft and if the violation creates a substantial risk of physical harm to any person or if the property involved in a violation of this section is an occupied aircraft, criminal damaging or endangering is a felony of the fourth degree.
Effective Date: 07-01-1996
(A) No person shall:
(1) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with the property of another;
(2) With purpose to interfere with the use or enjoyment of property of another, employ a tear gas device, stink bomb, smoke generator, or other device releasing a substance that is harmful or offensive to persons exposed or that tends to cause public alarm;
(3) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with a bench mark, triangulation station, boundary marker, or other survey station, monument, or marker;
(4) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with any safety device, the property of another, or the property of the offender when required or placed for the safety of others, so as to destroy or diminish its effectiveness or availability for its intended purpose;
(5) With purpose to interfere with the use or enjoyment of the property of another, set a fire on the land of another or place personal property that has been set on fire on the land of another, which fire or personal property is outside and apart from any building, other structure, or personal property that is on that land;
(6) Without privilege to do so, and with intent to impair the functioning of any computer, computer system, computer network, computer software, or computer program, knowingly do any of the following:
(a) In any manner or by any means, including, but not limited to, computer hacking, alter, damage, destroy, or modify a computer, computer system, computer network, computer software, or computer program or data contained in a computer, computer system, computer network, computer software, or computer program;
(b) Introduce a computer contaminant into a computer, computer system, computer network, computer software, or computer program.
(B) As used in this section, “safety device” means any fire extinguisher, fire hose, or fire axe, or any fire escape, emergency exit, or emergency escape equipment, or any life line, life-saving ring, life preserver, or life boat or raft, or any alarm, light, flare, signal, sign, or notice intended to warn of danger or emergency, or intended for other safety purposes, or any guard railing or safety barricade, or any traffic sign or signal, or any railroad grade crossing sign, signal, or gate, or any first aid or survival equipment, or any other device, apparatus, or equipment intended for protecting or preserving the safety of persons or property.
(C)(1) Whoever violates this section is guilty of criminal mischief, and shall be punished as provided in division (C)(2) or (3) of this section.
(2) Except as otherwise provided in this division, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a misdemeanor of the third degree. Except as otherwise provided in this division, if the violation of division (A)(1), (2), (3), (4), or (5) of this section creates a risk of physical harm to any person, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a misdemeanor of the first degree. If the property involved in the violation of division (A)(1), (2), (3), (4), or (5) of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, any other equipment, implement, or material used or intended to be used in the operation of an aircraft, or any cargo carried or intended to be carried in an aircraft , criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is one of the following:
(a) If the violation creates a risk of physical harm to any person, except as otherwise provided in division (C)(2)(b) of this section, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a felony of the fifth degree.
(b) If the violation creates a substantial risk of physical harm to any person or if the property involved in a violation of this section is an occupied aircraft, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a felony of the fourth degree.
(3) Except as otherwise provided in this division, criminal mischief committed in violation of division (A)(6) of this section is a misdemeanor of the first degree. Except as otherwise provided in this division, if the value of the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section or the loss to the victim resulting from the violation is one thousand dollars or more and less than ten thousand dollars, or if the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section is used or intended to be used in the operation of an aircraft and the violation creates a risk of physical harm to any person, criminal mischief committed in violation of division (A)(6) of this section is a felony of the fifth degree. If the value of the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section or the loss to the victim resulting from the violation is ten thousand dollars or more, or if the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section is used or intended to be used in the operation of an aircraft and the violation creates a substantial risk of physical harm to any person or the aircraft in question is an occupied aircraft, criminal mischief committed in violation of division (A)(6) of this section is a felony of the fourth degree.
Effective Date: 07-01-1996; 09-23-2004
(A) As used in this section:
(1) “Air gun” means a hand pistol or rifle that propels its projectile by means of releasing compressed air, carbon dioxide, or other gas.
(2) “Firearm” has the same meaning as in section 2923.11 of the Revised Code.
(3) “Spring-operated gun” means a hand pistol or rifle that propels a projectile not less than four or more than five millimeters in diameter by means of a spring.
(4) “Airport operational surface” means any surface of land or water that is developed, posted, or marked so as to give an observer reasonable notice that the surface is designed and developed for the purpose of storing, parking, taxiing, or operating aircraft, or any surface of land or water that is actually being used for any of those purposes.
(B) No person shall do either of the following:
(1) Knowingly throw an object at, or drop an object upon, any moving aircraft;
(2) Knowingly shoot with a bow and arrow, or knowingly discharge a firearm, air gun, or spring-operated gun, at or toward any aircraft.
(C) No person shall knowingly or recklessly shoot with a bow and arrow, or shall knowingly or recklessly discharge a firearm, air gun, or spring-operated gun, upon or over any airport operational surface. This division does not apply to the following:
(1) An officer, agent, or employee of this or any other state or the United States, or a law enforcement officer, authorized to discharge firearms and acting within the scope of the officer’s, agent’s, or employee’s duties;
(2) A person who, with the consent of the owner or operator of the airport operational surface or the authorized agent of either, is lawfully engaged in any hunting or sporting activity or is otherwise lawfully discharging a firearm.
(D) Whoever violates division (B) of this section is guilty of endangering aircraft, a misdemeanor of the first degree. If the violation creates a risk of physical harm to any person, endangering aircraft is a felony of the fifth degree. If the violation creates a substantial risk of physical harm to any person or if the aircraft that is the subject of the violation is occupied, endangering aircraft is a felony of the fourth degree.
(E) Whoever violates division (C) of this section is guilty of endangering airport operations, a misdemeanor of the second degree. If the violation creates a risk of physical harm to any person, endangering airport operations is a felony of the fifth degree. If the violation creates a substantial risk of physical harm to any person, endangering airport operations is a felony of the fourth degree. In addition to any other penalty or sanction imposed for the violation, the hunting license or permit of a person who violates division (C) of this section while hunting shall be suspended or revoked pursuant to section 1533.68 of the Revised Code.
(F) Any bow and arrow, air gun, spring-operated gun, or firearm that has been used in a felony violation of this section shall be seized or forfeited, and shall be disposed of pursuant to Chapter 2981. of the Revised Code.
Effective Date: 07-01-1996; 07-01-2007
(A) No person shall knowingly discharge a laser or other device that creates visible light into the cockpit of an aircraft that is in the process of taking off or landing or is in flight.
(B) Whoever violates this section is guilty of interfering with the operation of an aircraft with a laser, a felony of the second degree.
(C) As used in this section, “laser” means both of the following:
(1) Any device that utilizes the natural oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible, or infrared region of the spectrum and when discharged exceeds one milliwatt continuous wave;
(2) Any device designed or used to amplify electromagnetic radiation by simulated emission that is visible to the human eye.
Effective Date: 07-20-2006
(A) As used in this section:
(1) “Highway” means any highway as defined in section 4511.01 of the Revised Code or any lane, road, street, alley, bridge, or overpass.
(2) “Alley,” “street,” “streetcar,” “trackless trolley,” and “vehicle” have the same meanings as in section 4511.01 of the Revised Code.
(3) “Vessel” and “waters in this state” have the same meanings as in section 1547.01 of the Revised Code.
(B) No person shall knowingly, and by any means, drop or throw any object at, onto, or in the path of any of the following:
(1) Any vehicle, streetcar, or trackless trolley on a highway;
(2) Any boat or vessel on any of the waters in this state.
(C) Whoever violates this section is guilty of vehicular vandalism. Except as otherwise provided in this division, vehicular vandalism is a misdemeanor of the first degree. Except as otherwise provided in this division, if the violation of this section creates a substantial risk of physical harm to any person or the violation of this section causes serious physical harm to property, vehicular vandalism is a felony of the fourth degree. Except as otherwise provided in this division, if the violation of this section causes physical harm to any person, vehicular vandalism is a felony of the third degree. If the violation of this section causes serious physical harm to any person, vehicular vandalism is a felony of the second degree.
Effective Date: 04-09-2003
(A) No person shall knowingly, and by any means, drop or throw any object at, onto, or in the path of, any railroad rail, railroad track, locomotive, engine, railroad car, or other vehicle of a railroad company while such vehicle is on a railroad track.
(B) No person, without privilege to do so, shall climb upon or into any locomotive, engine, railroad car, or other vehicle of a railroad company when it is on a railroad track.
(C) No person, without privilege to do so, shall disrupt, delay, or prevent the operation of any train or other vehicle of a railroad company while such vehicle is on a railroad track.
(D) No person, without privilege to do so, shall knowingly enter or remain on the land or premises of a railroad company.
(E) Whoever violates division (A) of this section is guilty of railroad vandalism. Whoever violates division (B) of this section is guilty of criminal trespass on a locomotive, engine, railroad car, or other railroad vehicle. Whoever violates division (C) of this section is guilty of interference with the operation of a train.
Except as otherwise provided in this division, railroad vandalism; criminal trespass on a locomotive, engine, railroad car, or other railroad vehicle; and interference with the operation of a train each is a misdemeanor of the first degree. Except as otherwise provided in this division, if the violation of division (A), (B), or (C) of this section causes serious physical harm to property or creates a substantial risk of physical harm to any person, the violation is a felony of the fourth degree. Except as otherwise provided in this division, if the violation of division (A), (B), or (C) of this section causes physical harm to any person, the violation is a felony of the third degree. If the violation of division (A), (B), or (C) of this section causes serious physical harm to any person, the violation is a felony of the second degree.
(F) Whoever violates division (D) of this section is guilty of criminal trespass on the land or premises of a railroad company, a misdemeanor of the fourth degree.
Effective Date: 04-09-2003
(A) No person shall knowingly deface, damage, obstruct, remove, or otherwise impair the operation of any railroad grade crossing warning signal or other protective device, including any gate, bell, light, crossbuck, stop sign, yield sign, advance warning sign, or advance pavement marking.
(B) Whoever violates this section is guilty of railroad grade crossing device vandalism. Except as otherwise provided in this division, railroad grade crossing device vandalism is a misdemeanor of the first degree. Except as otherwise provided in this division, if the violation of this section causes serious physical harm to property or creates a substantial risk of physical harm to any person, railroad grade crossing device vandalism is a felony of the fourth degree. Except as otherwise provided in this division, if the violation of this section causes physical harm to any person, railroad grade crossing device vandalism is a felony of the third degree. If the violation of this section causes serious physical harm to any person, railroad grade crossing device vandalism is a felony of the second degree.
Effective Date: 04-09-2003
(A) When a person is charged with a violation of division (A)(1) of section 2909.03 of the Revised Code involving property value or an amount of physical harm of five hundred dollars or more or with a violation of section 2909.05 of the Revised Code involving property value or an amount of physical harm of five hundred dollars or more, the jury or court trying the accused shall determine the value of the property or amount of physical harm and, if a guilty verdict is returned, shall return the finding as part of the verdict. In any such case, it is unnecessary to find or return the exact value or amount of physical harm, section 2945.75 of the Revised Code applies, and it is sufficient if either of the following applies, as appropriate, relative to the finding and return of the value or amount of physical harm:
(1) If the finding and return relate to a violation of division (A)(1) of section 2909.03 of the Revised Code and are that the value or amount of the physical harm was five hundred dollars or more, the finding and return shall include a statement that the value or amount was five hundred dollars or more.
(2) If the finding and return relate to a violation of division section 2909.05 of the Revised Code and are that the value or amount of the physical harm was in any of the following categories, the finding and return shall include one of the following statements, as appropriate:
(a) If the finding and return are that the value or amount was one hundred thousand dollars or more, a statement that the value or amount was one hundred thousand dollars or more;
(b) If the finding and return are that the value or amount was five thousand dollars or more but less than one hundred thousand dollars a statement that the value or amount was five thousand dollars or more but less than one hundred thousand dollars;
(c) If the finding and return are that the value or amount was five hundred dollars or more but less than five thousand dollars, a statement that the value or amount was five hundred dollars or more but less than five thousand dollars.
(B) The following criteria shall be used in determining the value of property or amount of physical harm involved in a violation of division (A)(1) of section 2909.03 or section 2909.05 of the Revised Code:
(1) If the property is an heirloom, memento, collector’s item, antique, museum piece, manuscript, document, record, or other thing that is either irreplaceable or is replaceable only on the expenditure of substantial time, effort, or money, the value of the property or the amount of physical harm involved is the amount that would compensate the owner for its loss.
(2) If the property is not covered under division (B)(1) of this section and the physical harm is such that the property can be restored substantially to its former condition, the amount of physical harm involved is the reasonable cost of restoring the property.
(3) If the property is not covered under division (B)(1) of this section and the physical harm is such that the property cannot be restored substantially to its former condition, the value of the property, in the case of personal property, is the cost of replacing the property with new property of like kind and quality, and, in the case of real property or real property fixtures, is the difference in the fair market value of the property immediately before and immediately after the offense.
(C) As used in this section, “fair market value” has the same meaning as in section 2913.61 of the Revised Code.
(D) Prima-facie evidence of the value of property, as provided in division (E) of section 2913.61 of the Revised Code, may be used to establish the value of property pursuant to this section.
Effective Date: 07-01-1996
Effective Date: 01-01-1974
As used in sections 2909.21 to 2909.34 of the Revised Code:
(A) “Act of terrorism” means an act that is committed within or outside the territorial jurisdiction of this state or the United States, that constitutes a specified offense if committed in this state or constitutes an offense in any jurisdiction within or outside the territorial jurisdiction of the United States containing all of the essential elements of a specified offense, and that is intended to do one or more of the following:
(1) Intimidate or coerce a civilian population;
(2) Influence the policy of any government by intimidation or coercion;
(3) Affect the conduct of any government by the act that constitutes the offense.
(B) “Biological agent,” “delivery system,” “toxin,” and “vector” have the same meanings as in section 2917.33 of the Revised Code.
(C) “Biological weapon” means any biological agent, toxin, vector, or delivery system or combination of any biological agent or agents, any toxin or toxins, any vector or vectors, and any delivery system or systems.
(D) “Chemical weapon” means any one or more of the following:
(1) Any toxic chemical or precursor of a toxic chemical that is listed in Schedule 1, Schedule 2, or Schedule 3 of the international “Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC),” as entered into force on April 29, 1997;
(2) A device specifically designed to cause death or other harm through the toxic properties of a toxic chemical or precursor identified in division (D)(1) of this section that would be created or released as a result of the employment of that device;
(3) Any equipment specifically designed for use directly in connection with the employment of devices identified in division (D)(2) of this section.
(E) “Radiological or nuclear weapon” means any device that is designed to create or release radiation or radioactivity at a level that is dangerous to human life or in order to cause serious physical harm to persons as a result of the radiation or radioactivity created or released.
(F) “Explosive device” has the same meaning as in section 2923.11 of the Revised Code.
(G) “Key component of a binary or multicomponent chemical system” means the precursor that plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent chemical system.
(H) “Material assistance” means any of the following:
(1) Membership in an organization on the United States department of state terrorist exclusion list;
(2) Use of the person’s position of prominence within any country to persuade others to support an organization on the United States department of state terrorist exclusion list;
(3) Knowingly soliciting funds or other things of value for an organization on the United States department of state terrorist exclusion list;
(4) Solicitation of any individual for membership in an organization on the United States department of state terrorist exclusion list;
(5) Commission of an act that the person knows, or reasonably should have known, affords material support or resources to an organization on the United States department of state terrorist exclusion list;
(6) Hiring or compensating a person known by the person hiring or providing the compensation to be a member of an organization on the United States department of state terrorist exclusion list or a person known by the person hiring or providing the compensation to be engaged in planning, assisting, or carrying out an act of terrorism.
(I) “Material support or resources” means currency, payment instruments, other financial securities, funds, transfer of funds, financial services, communications, lodging, training, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.
(J) “Payment instrument” means a check, draft, money order, traveler’s check, cashier’s check, teller’s check, or other instrument or order for the transmission or payment of money, regardless of whether the item in question is negotiable.
(K) “Peace officer” and “prosecutor” have the same meanings as in section 2935.01 of the Revised Code.
(L) “Precursor” means any chemical reactant that takes part at any stage in the production by whatever method of a toxic chemical, including any key component of a binary or multicomponent chemical system.
(M) “Response costs” means all costs a political subdivision incurs as a result of, or in making any response to, a threat of a specified offense made as described in section 2909.23 of the Revised Code or a specified offense committed as described in section 2909.24 of the Revised Code, including, but not limited to, all costs so incurred by any law enforcement officers, firefighters, rescue personnel, or emergency medical services personnel of the political subdivision and all costs so incurred by the political subdivision that relate to laboratory testing or hazardous material cleanup.
(N) “Specified offense” means any of the following:
(1) A felony offense of violence, a violation of section 2909.04, 2909.081, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, or 2927.24 of the Revised Code, a felony of the first degree that is not a violation of any provision in Chapter 2925. or 3719. of the Revised Code;
(2) An attempt to commit, complicity in committing, or a conspiracy to commit an offense listed in division (N)(1) of this section.
(O) “Toxic chemical” means any chemical that through its chemical action on life processes can cause death or serious physical harm to persons or animals, regardless of its origin or of its method of production and regardless of whether it is produced in facilities, in munitions, or elsewhere.
(P) “United States department of state terrorist exclusion list” and “terrorist exclusion list” means the list compiled by the United States secretary of state, in consultation with or upon the request of the United States attorney general, that designates terrorist organizations for immigration purposes. “United States department of state terrorist exclusion list” and “terrorist exclusion list” also mean the list of terrorist organizations the director of public safety prepares pursuant to rules adopted in accordance with Chapter 119. of the Revised Code, that is comprised of lists of organizations officials of the United States government designate as terrorist, including the “terrorist exclusion list” described in this division, the list of “foreign terrorist organizations” the Unites States secretary of state prepares in consultation with the United States attorney general and the United States secretary of the treasury, and the list of charities that support terrorist activities, known as “designated charities,” that the United States department of treasury compiles.
(Q) “Hazardous radioactive substance” means any substance or item that releases or is designed to release radiation or radioactivity at a level dangerous to human life.
Effective Date: 05-15-2002; 04-14-2006; 07-20-2006
(A) No person shall raise, solicit, collect, donate, or provide any material support or resources, with purpose that the material support or resources will be used in whole or in part to plan, prepare, carry out, or aid in either an act of terrorism or the concealment of, or an escape from, an act of terrorism.
(B) Whoever violates this section is guilty of soliciting or providing support for an act of terrorism, a felony of the third degree. Section 2909.25 of the Revised Code applies regarding an offender who is convicted of or pleads guilty to a violation of this section.
(C) A prosecution for a violation of this section does not preclude a prosecution for a violation of any other section of the Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under this section or any other section of the Revised Code may be prosecuted under this section, the other section, or both sections.
Effective Date: 05-15-2002
(A) No person shall threaten to commit or threaten to cause to be committed a specified offense when both of the following apply:
(1) The person makes the threat with purpose to do any of the following:
(a) Intimidate or coerce a civilian population;
(b) Influence the policy of any government by intimidation or coercion;
(c) Affect the conduct of any government by the threat or by the specified offense.
(2) As a result of the threat, the person causes a reasonable expectation or fear of the imminent commission of the specified offense.
(B) It is not a defense to a charge of a violation of this section that the defendant did not have the intent or capability to commit the threatened specified offense or that the threat was not made to a person who was a subject of the threatened specified offense.
(C) Whoever violates this section is guilty of making a terroristic threat, a felony of the third degree. Section 2909.25 of the Revised Code applies regarding an offender who is convicted of or pleads guilty to a violation of this section.
Effective Date: 05-15-2002
(A) No person shall commit a specified offense with purpose to do any of the following:
(1) Intimidate or coerce a civilian population;
(2) Influence the policy of any government by intimidation or coercion;
(3) Affect the conduct of any government by the specified offense.
(B)(1) Whoever violates this section is guilty of terrorism.
(2) Except as otherwise provided in divisions (B)(3) and (4) of this section, terrorism is an offense one degree higher than the most serious underlying specified offense the defendant committed.
(3) If the most serious underlying specified offense the defendant committed is a felony of the first degree or murder, the person shall be sentenced to life imprisonment without parole.
(4) If the most serious underlying specified offense the defendant committed is aggravated murder, the offender shall be sentenced to life imprisonment without parole or death pursuant to sections 2929.02 to 2929.06 of the Revised Code.
(5) Section 2909.25 of the Revised Code applies regarding an offender who is convicted of or pleads guilty to a violation of this section.
Effective Date: 05-15-2002
(A) In addition to the financial sanctions authorized under section 2929.18 of the Revised Code, the court imposing sentence upon an offender who is convicted of or pleads guilty to a violation of section 2909.22, 2909.23, or 2909.24 of the Revised Code or to a violation of section 2921.32 of the Revised Code when the offense or act committed by the person aided or to be aided as described in that section is an act of terrorism 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 the investigation and prosecution of the violation. 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.
(B) If a person is convicted of or pleads guilty to a violation of section 2909.23 or 2909.24 of the Revised Code and if any political subdivision incurred any response costs as a result of, or in making any response to, the threat of the specified offense involved in the violation of section 2909.23 of the Revised Code or the actual specified offense involved in the violation of section 2909.24 of the Revised Code, in addition to the financial sanctions authorized under section 2929.18 of the Revised Code, the court imposing sentence upon the offender for the violation may order the offender to reimburse the involved political subdivision for the response costs it so incurred.
Effective Date: 05-15-2002
(A) No person shall knowingly possess any chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device with the intent to use it to cause serious physical harm or death to another person.
(B) No person shall knowingly possess any chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device with intent to use the weapon to do any of the following:
(1) Intimidate or coerce a civilian population;
(2) Influence the policy of any government by intimidation or coercion;
(3) Affect the conduct of any government by murder, assassination, or kidnapping.
(C) Whoever violates this section is guilty of criminal possession of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device. A violation of division (A) of this section is a felony of the third degree. A violation of division (B) of this section is a felony of the second degree.
(D) This section does not apply when the items described in division (A) of this section are possessed for a purpose related to the performance of official duties related to any military purpose of the United States and any law enforcement purpose, including any domestic riot control purpose.
Effective Date: 04-14-2006
(A) No person shall recklessly use, deploy, release, or cause to be used, deployed, or released any chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device that creates a risk of death or serious physical harm to another person not a participant in the offense.
(B) No person shall knowingly use, deploy, release, or cause to be used, deployed, or released any chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device with the intent to do any of the following:
(1) Intimidate or coerce a civilian population;
(2) Influence the policy of any government by intimidation or coercion;
(3) Affect the conduct of any government by murder, assassination, or kidnapping;
(4) Cause physical harm to, or the death of, any person who is not a participant in the offense.
(C) Whoever violates this section is guilty of criminal use of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device. A violation of division (A) of this section is a felony of the second degree. A violation of division (B) of this section is a felony of the first degree.
(D)(1) Division (A) of this section does not apply to any person who uses any of the following:
(a) Any household product that is generally available for sale to consumers in this state in the quantity and concentration available for sale to those consumers;
(b) A self-defense spray;
(c) A biological agent, toxin, or delivery system the person possesses solely for protective, bona fide research, or other peaceful purposes;
(d) A chemical weapon that the person possesses solely for a purpose not prohibited under this section if the type and quantity is consistent with that purpose.
(2) For purposes of this division, “a purpose not prohibited under this section” means any of the following:
(a) Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other peaceful activity;
(b) Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons;
(c) Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm, when related to the performance of official duties;
(d) Any law enforcement purpose, including any domestic riot control purpose, when related to the performance of official duties.
Effective Date: 04-14-2006
(A) No person, with the intent to manufacture a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device, shall knowingly assemble or possess one or more toxins, toxic chemicals, precursors of toxic chemicals, vectors, biological agents, or hazardous radioactive substances, including, but not limited to, those listed in rules the director of public safety adopts, that may be used to manufacture a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device.
(B) In a prosecution under this section, it is not necessary to allege or prove that the offender assembled or possessed all chemicals or substances necessary to manufacture a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device. The assembly or possession of a single chemical or substance, with the intent to use that chemical or substance in the manufacture of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device, is sufficient to violate this section.
(C) Whoever violates this section is guilty of illegal assembly or possession of chemicals or substances for the manufacture of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device, which is a felony of the fourth degree.
(D) This section does not apply when the items described in division (A) of this section are assembled or possessed for a purpose related to the performance of official duties related to any military purpose of the United States and any law enforcement purpose, including any domestic riot control purpose.
Effective Date: 04-14-2006
(A) No person, knowing that property is the proceeds of an act of terrorism or a monetary instrument given, received, or intended to be used in support of an act of terrorism, shall conduct or attempt to conduct any transaction involving that property or transport, transmit or transfer that monetary instrument with the intent to do any of the following:
(1) Commit or further the commission of criminal activity;
(2) Conceal or disguise the nature, location, source, ownership, or control of either the proceeds of an act of terrorism or a monetary instrument given, received, or intended to be used to support an act of terrorism;
(3) Conceal or disguise the intent to avoid a transaction reporting requirement under section 1315.53 of the Revised Code or federal law.
(B)(1) Whoever violates this section is guilty of money laundering in support of terrorism, which is a misdemeanor of the first degree, except as otherwise provided in this division.
(2) A violation of division (A) of this section is a felony of the fifth degree if the total value of the property or monetary instrument involved in the transaction equals or exceeds one thousand dollars and is less than five thousand dollars.
(3) Money laundering in support of terrorism is a felony of the fourth degree if the total value of the property or monetary instrument involved in the transaction equals or exceeds five thousand dollars and is less than twenty-five thousand dollars.
(4) Money laundering in support of terrorism is a felony of the third degree if the total value of the property or monetary instrument involved in the transaction equals or exceeds twenty-five thousand dollars and is less than seventy-five thousand dollars.
(5) Money laundering in support of terrorism is a felony of the second degree if the total value of the property or monetary instrument involved in the transaction equals or exceeds seventy-five thousand dollars.
Effective Date: 04-14-2006
(A) A judge of a court of record shall direct the clerk of that court to notify the immigration and customs enforcement section of the United States department of homeland security when a suspected alien has been convicted of or pleaded guilty to a felony.
(B) The department of rehabilitation and correction monthly shall compile a list of suspected aliens who are serving a prison term. The list shall include the earliest possible date of release of the offender, whether through expiration of prison term, parole, or other means. The department shall provide a copy of the list to the immigration and customs enforcement section of the United States department of homeland security for the section to determine whether it wishes custody of the suspected alien. If the immigration and customs enforcement section indicates it wishes custody, the department of rehabilitation and correction is responsible for the suspected alien until the section takes custody.
(C) The department of rehabilitation and correction, pursuant to a valid detainer lodged against an alien who is not legally present in the United States and who has been convicted of or pleaded guilty to a felony, shall transfer that alien to the custody of the immigration and enforcement section of the United States department of homeland security upon completion of the alien’s prison term.
(D) As used in this section, “alien” means an individual who is not a citizen of the United States.
Effective Date: 04-14-2006
(A) 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.
(B) A law enforcement officer may prevent any person who refuses to show identification when asked under the circumstances described in division (A) of this section from entering the critical transportation infrastructure site.
Effective Date: 04-14-2006
(A)(1) The director of public safety shall adopt rules in accordance with Chapter 119. of the Revised Code to identify licenses the state issues for which a holder with a connection to a terrorist organization would present a potential risk to the residents of this state. The rules shall not identify a renewable driver’s license or permit as a license of this nature if the applicant is a resident of this state.
(2)(a) The director shall prepare a document to serve as a declaration of material assistance/nonassistance for agencies to use to identify whether an applicant for a license or the renewal of a license has provided material assistance to an organization listed in the United States department of state terrorist exclusion list. The declaration shall be substantially in the form and of the same content as set forth in division (A)(2)(b) of this section. The director shall make the declaration available to each issuing agency of a license the director identifies pursuant to division (A)(1) of this section, along with a then-current copy of the United States department of state terrorist exclusion list. The director may adopt rules governing the preparation of the declaration and the distribution of the declaration and the list.
(b) The declaration of material assistance/nonassistance this section requires shall be substantially as follows and shall include the following questions and the associated spaces for answering the questions:
“DECLARATION REGARDING MATERIAL ASSISTANCE/NONASSISTANCE
TO TERRORIST ORGANIZATION
(1) Are you a member of an organization on the U.S. Department of State Terrorist Exclusion List? Yes …..; No …...
(2) Have you used any position of prominence you have within any country to persuade others to support an organization on the U.S. Department of State Terrorist Exclusion List? Yes …..; No …...
(3) Have you knowingly solicited funds or other things of value for an organization on the U.S. Department of State Terrorist Exclusion List? Yes …..; No …...
(4) Have you solicited any individual for membership in an organization on the U.S. Department of State Terrorist Exclusion List? Yes …..; No …...
(5) Have you committed an act that you know, or reasonably should have known, affords “material support or resources” (see below) to an organization on the U.S. Department of State Terrorist Exclusion List? Yes …..; No …...
(6) Have you hired or compensated a person you knew to be a member of an organization on the U.S. Department of State Terrorist Exclusion List or a person you knew to be engaged in planning, assisting, or carrying out an act of terrorism? Yes …..; No …...
For purposes of this declaration of material assistance/nonassistance, “material support or resources” means currency, payment instruments, other financial securities, funds, transfer of funds, and financial services that are in excess of one hundred dollars, as well as communications, lodging, training, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.”
(B)(1) Any agency that issues a license the director identifies pursuant to division (A)(1) of this section shall include with the agency’s application form a copy of the declaration of material assistance/nonassistance the director prepares pursuant to this section and a then-current copy of the terrorist exclusion list. The agency shall inform applicants that they must truthfully answer each question.
(2) Any person provided a declaration of material assistance/nonassistance pursuant to this section shall answer each question and attach the completed declaration to the application for the license or the license renewal.
(C)(1) Any answer of “yes” to any question, or the failure to answer “no” to any question, on a declaration of material assistance/nonassistance an agency provides pursuant to this section shall serve for purposes of this section as a disclosure that the applicant has provided material assistance to an organization listed on the terrorist exclusion list.
(2) Any person who discloses the provision of material assistance to any organization on the terrorist exclusion list shall be denied the license or the renewal of the license unless the department of public safety reinstates the application pursuant to division (D) of this section.
(3) Any licensing entity that denies a license or a renewal of a license pursuant to this division shall send written notice of that denial to the applicant within three business days of the decision to deny. The notice shall inform the applicant of the right to have the department of public safety review the denial if the applicant requests a review within sixty days after the mailing date of the notice. The licensing entity shall provide the department of public safety with a copy of any notice that it sends to an applicant pursuant to this division.
(D) The department of public safety shall review any decision to deny an application within thirty days of receiving an applicant’s request for a review. The department shall reinstate the license application for good cause if it determines all of the following pursuant to guidelines the director adopts by rule:
(1) That the provision of material assistance to an organization on the terrorist exclusion list was made more than ten years prior to the time of the application, or the applicant provided material assistance during the ten years prior to the application and the date of the review, but at the time of the assistance, the organization was either not on the list or was not involved in any activity or conduct that would have merited inclusion on the list had it existed at the time, or at the time of the assistance it was not reasonable to know of the organization’s activities that would have merited its inclusion on the list.
(2) That the applicant is unlikely in the future to provide material assistance to any organization on the terrorist exclusion list;
(3) That the applicant does not pose a risk to the residents of this state.
(E) The failure of an applicant for a license to complete and attach a declaration of material assistance/nonassistance as this section requires, the failure to disclose material assistance to an organization on the terrorist exclusion list, or the making of false statements regarding material assistance to an organization the applicant knew or should have known was on the terrorist exclusion list, shall result in the denial of the application and in the revocation of the license.
(F) The failure of an applicant for a license to disclose, as this section requires, the provision of material assistance to an organization on the terrorist exclusion list or knowingly making false statements regarding material assistance to an organization on that list is a felony of the fifth degree.
(G) An issuing agency shall notify the department of public safety if it denies an application for a license or the renewal of a license because the applicant disclosed the provision of material assistance to an organization listed on the terrorist exclusion list.
(H) An agency may revoke a license issued to any person who, after providing a declaration of material assistance/nonassistance pursuant to this section, takes an action that would result in “yes” being the correct answer to any question on the declaration, had the declaration been readministered after taking that action. The agency shall conduct a hearing pursuant to Chapter 119. of the Revised Code prior to revoking any license pursuant to this division.
(I) This section does not apply to a license issued to either of the following:
(1) A federally insured depository institution that is subject to anti-money laundering and antiterrorism requirements under federal law, any subsidiary of such a depository institution, or an officer or employee of such a depository institution or subsidiary when that license is related to the person’s duties as an officer or employee;
(2) Any affiliate of a depository institution described in division (I)(1) of this section, other than an affiliate that is a subsidiary of a depository institution, when that affiliate is subject to anti-money laundering and antiterrorism requirements under federal law, or an officer or employee of such an affiliate when that license is related to the person’s duties as an officer or employee.
Effective Date: 04-14-2006; 04-04-2007
(A)(1) The director of public safety shall prepare a document to serve as a declaration of material assistance/nonassistance by which any person, company, affiliated group, or organization, or person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization, when required by this section, shall certify any provision of material assistance to an organization listed on the United States department of state terrorist exclusion list. The declaration shall be substantially in the same format and of the same content as set forth in division (A)(2)(b) of section 2909.32 of the Revised Code.
(2) The director of public safety and the director of budget and management shall make available on their respective department web sites and by any other means the director of public safety deems appropriate, the declaration of material assistance/nonassistance and a then-current copy of the terrorist exclusion list. The director of public safety, in consultation with the director of budget and management, may adopt rules that govern the preparation of the declaration and the distribution of the declaration and terrorist exclusion list.
(3)(a) Prior to entering into a contract to conduct business with or receive funding from any state agency, instrumentality, or political subdivision of the state any person, company, affiliated group, or organization , or person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization, may precertify that it has not provided material assistance to an organization on the terrorist exclusion list. The precertification this division describes shall be granted to any person, company, affiliated group, or organization that submits to the director of budget and management a completed copy of the declaration prepared pursuant to this section, with an answer of “no” to all questions. No person shall require any person, company, affiliated group, or organization that is precertified to complete any additional declarations prior to the expiration of a precertification. All precertifications expire the thirtieth day of June of the second year of each state biennium period. To be precertified during the two years subsequent to that expiration date, an entity shall submit a new declaration to the director of budget and management pursuant to rules the director adopts.
(b) Any person, company, affiliated group, or organization that is precertified pursuant to this division and that takes any action or learns of anything that would result in an answer of “yes” to any question on the declaration of material assistance/nonassistance this division requires, shall cease to represent that it is precertified and, within thirty days of taking that action or learning the new information, shall notify the director of budget and management to request its precertification be rescinded.
(c) When applying for a contract, falsely representing precertification, or representing precertification when that precertification has been rescinded or should have been rescinded pursuant to this division, is a felony of the fifth degree.
(B) Any person who submits a declaration of material assistance/nonassistance pursuant to this section shall complete the entire declaration. Any answer of “yes” to any question, or the failure to answer “no” to any question, on the declaration shall serve for purposes of this section as a disclosure of the provision of material assistance to an organization that is listed on the terrorist exclusion list.
(C) (1) Except as otherwise provided in divisions (C)(2) and (H) of this section, prior to entering into a contract with any state agency, instrumentality, or political subdivision to conduct business or receive funding, any person, company, affiliated group, or organization, and any person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization shall certify that it does not provide material assistance to any organization on the United States department of state terrorist exclusion list. The certification shall be made by completing and submitting the declaration of material assistance/nonassistance as described in division (A) of this section.
(2) Certification pursuant to this division shall not be required unless the entity entering into a contract for business or funding has received, or will have received as a result of the pending contract, an aggregate amount greater than one hundred thousand dollars in business or funding, excluding the amount of any personal benefit, from the state, instrumentalities, and political subdivisions during the current fiscal year, measured from the first day of July until the thirtieth day of June.
(D)(1) No state agency, instrumentality , or political subdivision shall conduct business with or provide any funding to any person, company, affiliated group or organization, or any person who has a controlling interest in a company, affiliated group, or organization unless that person, company, affiliated group, or organization is certified as this section requires.
(2) No person, company, affiliated group or organization, or any person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization shall enter into a contract to conduct business with or receive funding from the state, an agency or instrumentality of the state, or a political subdivision of the state unless it is certified as this section requires.
(E) For the purposes of this section, the office of budget and management shall be the repository for all declarations received pursuant to division (A)(3)(a) of this section and the director of budget and management shall maintain a centralized database of all such declarations received. If a person, company, affiliated group, or organization discloses the provision of material assistance to an organization listed on the terrorist exclusion list, within three business days of that disclosure, the director shall send the declarant a written notice of prohibition against doing business or receiving funding. The notice shall inform the declarant of the right to a review of the prohibition by the department of public safety if the declarant requests that review within sixty days after the notice of prohibition was mailed. The director shall send copy of any notice sent pursuant to this division to the department of public safety.
The department of public safety shall review any prohibition within thirty days of the receipt of a request for a review and determine whether the prohibitions against doing business or receiving funding set forth in divisions (D)(1) and (D)(2) of this section should apply. The department of public safety shall order that the prohibitions do not apply if it determines all of the following pursuant to guidelines the director adopts by rule:
(1) That the provision of material assistance to an organization on the terrorist exclusion list was made more than ten years prior to the time the declaration of material assistance/nonassistance was filled out, or the material assistance was provided during the ten years prior to the application and the date of the review, but at the time of the assistance, the organization was either not on the list or would not have merited inclusion had it existed at the time, or at the time of the assistance it was not reasonable to know of the organization’s activities that would have merited its inclusion on the list.
(2) That it is unlikely in the future that the person, company, affiliated group, or organization will provide material assistance to any organization on the terrorist exclusion list;
(3) The person, company, affiliated group, or organization does not pose a risk to the residents of this state.
(F) Any person, company, affiliated group, or organization that had not provided material assistance at the time a declaration of material assistance/nonassistance was answered, but starts providing material assistance to an organization on the terrorist exclusion list during the course of doing business with or receiving funding from the state, an agency or instrumentality of the state, or a subdivision of the state, is prohibited from entering into additional contracts to do business with or receive funding from the state, any agency or instrumentality, or any subdivision for a period of ten years after the provision of material assistance is discovered.
(G)(1) Any person, company, affiliated group, or organization that knowingly provides a false certification pursuant to this section is permanently banned from conducting business with or receiving funding from the state, an agency or instrumentality of the state, or a political subdivision of the state is guilty of a felony of the fifth degree.
(2) Any person, company, affiliated group, or organization that fails to certify as this section requires is subject to a fine of one thousand dollars for each day of doing business or receiving funding, except that any person, company, affiliated group, or organization that first reaches the threshold of one hundred thousand dollars in business or funding, due to the contract that it is entering into, shall not be subject to the fine for the first thirty days after entering into that contract, after which it shall be subject to the fine for each day that it is not certified.
(H) This section does not apply to the following types of transactions:
(1) An investment in a company that is publicly traded in any United States market;
(2) An investment that is traded on a foreign market where United States investors regularly make investments;
(3) An investment that is made through an agent or investment manager who has a fiduciary responsibility to the investor;
(4) An investment in public agency debt;
(5) An investment in derivatives that are regulated by a government agency;
(6) Financial services provided by or through either of the following:
(a) A federally insured depository institution that is subject to anti-money laundering and antiterrorism requirements under federal law or any subsidiary of such a depository institution;
(b) An affiliate of a depository institution described in division (H)(6)(a) of this section, other than an affiliate that is a subsidiary of the depository institution, when the affiliate is subject to anti-money laundering and antiterrorism requirements under federal law.
“Financial services” include, but are not limited to, services related to currency, payment instruments, other financial securities, funds, and transfer of funds;
(7) Any contract to conduct business or receive funding between state agencies, instrumentalities, or political subdivisions of the state;
(8) Any person, company, affiliated group, or organization providing necessary, nonelective healthcare services.
(I) As used in this section, “personal benefit” means all of the following:
(1) Pensions and disability and survivor benefits;
(2) Money, goods, services, or other things of value provided by the United States, the state, or a political subdivision of the state to which the recipient is entitled by reason of age, medical condition, or a financial need that is established pursuant to an act of congress or the general assembly;
(3) Salary or compensation a person receives as an employee of the state or a political subdivision of the state.
Effective Date: 04-14-2006; 04-04-2007
(A)(1) The director of public safety shall prepare a document to serve as a declaration of material assistance/nonassistance for the state, instrumentalities of the state, and political subdivisions of the state to use to determine whether any person who is under final consideration for employment has provided material assistance to an organization listed on the United States department of state terrorist exclusion list. The declaration shall be substantially in the same format and of the same content as set forth in division (A)(2)(b) of section 2909.32 of the Revised Code.
(2) The director shall make the declaration of material assistance/nonassistance available to the state, instrumentalities of the state, and political subdivisions of the state, along with a then-current copy of the terrorist exclusion list. The director may adopt rules that govern the preparation and distribution of the declaration and the terrorist exclusion list.
(3) The director may adopt rules that establish categories of employment that are exempt from the disclosure requirements of this section.
(B) Any person under final consideration for employment who is provided a declaration of material assistance/nonassistance pursuant to this section shall complete the declaration prior to being employed. Any answer of “yes” to any question, or the failure to answer “no” to any question, shall serve for purposes of this section as a disclosure of the provision of material assistance to an organization that is listed on the terrorist exclusion list.
(C)(1) The state, a state instrumentality, or a political subdivision of the state shall provide each person who is under final consideration for a category of employment for which this section requires disclosure with a copy of the declaration of material assistance/nonassistance and a then-current copy of the terrorist exclusion list. The state, instrumentality, or subdivision shall not employ any person who discloses the provision of material assistance to an organization that is listed on the terrorist exclusion list.
(2) The state, or any instrumentality or political subdivision of the state that denies employment pursuant to this section, shall send written notice of that denial to the applicant within three business days of the decision to deny, along with notice of the applicant’s right to a review of the denial by the department of public safety if the applicant requests a review within sixty days of the mailing date of the notice. An entity that denies employment pursuant to this section shall send a copy of any notice of denial of employment to the department of public safety.
(D) The department of public safety, upon receiving a request for a review from any person who has been denied employment under division (C) of this section, shall review the request within thirty days to determine if the denial of employment should be voided. The department shall void that denial if it determines all of the following pursuant to guidelines the director adopts by rule:
(1) That the provision of material assistance to an organization on the terrorist exclusion list was made more than ten years prior to the time the declaration of material assistance/nonassistance was filled out, or the material assistance was provided during the ten years prior to the application and the date of the review, but at the time of the assistance, the organization was either not on the list or would not have merited inclusion on the list had it existed at the time, or at the time of the assistance it was not reasonable to know of the organization’s activities that would have merited its inclusion on the list.
(2) That it is unlikely in the future that the person will provide material assistance to any organization on the terrorist exclusion list;
(3) The person does not pose a risk to the residents of the state.
(E) The failure of an applicant for employment to disclose, as this section requires, the provision of material assistance to an organization on the terrorist exclusion list, or knowingly making false statements regarding material assistance to an organization on that list, is a felony of the fifth degree.
(F)(1) The state, or any instrumentality or political subdivision of the state, may terminate any employee who, after providing a declaration of material assistance/nonassistance pursuant to this section, takes an action that would result in “yes” being the correct answer to any question on the declaration, had the declaration been readministered after taking that action.
(2) No employer shall terminate an employee pursuant to this division unless the employer complies with one of the following hearing procedures:
(a) If the employee is entitled to termination proceedings under a collective bargaining agreement, the employer shall comply with those procedures.
(b) If the employee is entitled to termination proceedings pursuant to division (C) of section 124.34 of the Revised Code, the employer shall comply with those procedures.
(c) If the employee does not qualify for the termination proceedings described in division (F)(2)(a) or (b) of this section, the employer shall comply with the procedures set forth in division (B) of section 124.34 of the Revised Code.
Effective Date: 04-14-2006; 04-04-2007