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CROSS REFERENCES

See sectional histories for similar State law.

Abortions, CO Ch 231

Experimentation on a fetus, CO 231.05

Renting watercraft to persons under 16, CO 485.18

Minor's curfew, CO 605.14

Sale of harmful intoxicants to minors, CO 607.11

Sale of intoxicants to minors, CO 617.02

Corruption of minors, CO 619.03

Matter harmful to juveniles, CO 619.12, 619.13

Improperly furnishing firearms to a minor, CO 627.08

609.01     Bigamy

(a) No married person shall marry another or continue to cohabit with such other person in this State.

(b) It is an affirmative defense to a charge under this section that the actor's spouse was continuously absent for five years immediately preceding the purported subsequent marriage, and was not known by the actor to be alive within that time.

(c) Whoever violates this section is guilty of bigamy, a misdemeanor of the first degree.
(RC 2919.01; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)

609.02     Abortion Offenses

(a) Abortion Defined. As used in this section "abortion" means the purposeful termination of a human pregnancy by any person, including the pregnant woman herself, with an intention other than to produce a live birth or to remove a dead fetus or embryo. Abortion is the practice of medicine or surgery for the purposes of RC 4731.41. (RC 2919.11)

(b) Abortion Without Informed Consent Prohibited.

(1) No person shall perform or induce an abortion without the informed consent of the pregnant woman.

(2) No person shall knowingly perform or induce an abortion upon a woman who is pregnant, unmarried, under eighteen years of age and unemancipated except as authorized under RC 2919.12.

(3) Whoever violates this section is guilty of unlawful abortion, a misdemeanor of the first degree unless the offender has previously been convicted of or pleaded guilty to a violation of division (b) of this section or RC 2919.12. (RC 2919.12)

(c) Abortion Trafficking.

(1) No person shall experiment upon or sell the product of human conception which is aborted. Experiment does not include autopsies pursuant to RC 313.13 and 2108.50.

(2) Whoever violates this section is guilty of abortion trafficking, a misdemeanor of the first degree.
(RC 2919.14; Ord. No. 1414-86. Passed 11-3-86, eff. 11-5-86)

609.03     Nonsupport of Dependents

(a) No person shall abandon, or fail to provide adequate support to:

(1) His or her spouse, as required by law;

(2) His or her legitimate or illegitimate child who is under age eighteen, or mentally or physically handicapped child who is under age twenty-one;

(3) His or her aged or infirm parent or adoptive parent, who from lack of ability and means is unable to provide adequately for his or her own support;

(4) Any person whom, by law or by court order or decree, the offender is legally obligated to support.

(b) No person shall aid, abet, induce, cause, encourage or contribute to a child or a ward of the juvenile court becoming a dependent child, as defined in Section 2151.04 of the Revised Code, or a neglected child, as defined in Section 2151.03 of the Revised Code.

(c) It is an affirmative defense to a charge under division (a) of this section of failure to provide adequate support that the accused was unable to provide adequate support, but did provide such support as was within his ability and means.

(d) It is an affirmative defense to a charge under division (a)(3) of this section that the parent abandoned the accused or failed to support the accused as required by law, while the accused was under age eighteen, or was mentally or physically handicapped and under age twenty-one.

(e) It is not a defense to a charge under division (a)(4) of this section that the person whom a court has ordered the accused to support is being adequately supported by someone other than the accused. (RC 2919.21(F))

(f) Whoever violates division (a) of this section is guilty of nonsupport of dependents, a misdemeanor of the first degree unless the offender previously has been convicted of or pleaded guilty to a violation of division (a)(2) of this section or there has been a court finding that the offender has failed to provide support under division (a)(2) or (a)(4) of this section for a total accumulated period of twenty-six weeks out of 104 consecutive weeks, whether or not the twenty-six weeks were consecutive. If the offender is guilty of nonsupport of dependents by reason of failing to provide support to his or her child as required by a child support order issued on or after April 15, 1985, pursuant to Sections 2151.23, 3105.21, 3109.05, 3111.13, 3113.04, 3113.31 or 3115.22 of the Revised Code, the court, in addition to any other sentence imposed, shall assess all court costs arising out of the charge against the person and require the person to pay any reasonable attorney's fees of any adverse party other than the State, as determined by the court, that arose in relation to the charge. Whoever violates division (b) of this section is guilty of contributing to the nonsupport of dependents, a misdemeanor of the first degree. Each day of violation of division (b) of this section is a separate offense. (RC 2919.21)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)

609.04     Endangering Children

(a) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection or support. It is not a violation of a duty of care, protection or support under this division when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.

(b) No person shall abuse a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age.

(c) No person shall operate a vehicle, streetcar, or trackless trolley within this state in violation of division (a) of Section 433.01 of the Codified Ordinances or division (A) of Section 4511.19 of the Revised Code when one or more children under eighteen years of age are in the vehicle, streetcar, or trackless trolley. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of this division and a violation of division (a) of Section 433.01 of the Codified Ordinances or division (A) of Section 4511.19 of the Revised Code that constitutes the basis of the charge of the violation of this division. For purposes of Sections 4511.191 to 4511.197 of the Revised Code and all related provisions of law, a person arrested for a violation of this division shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or for operating a vehicle with a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine.

(d) Whoever violates this section is guilty of endangering children, a misdemeanor of the first degree, if the violation of this section does not result in serious physical harm to the child involved, or if the offender has not previously been convicted of an offense under this section, Section 2919.22 of the Revised Code or of any offense involving neglect, abandonment, contributing to the delinquency of or physical abuse of a child. (RC 2919.22)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)

609.05     Interference with Custody

(a) No person, knowing the person is without privilege to do so or being reckless in that regard, shall entice, take, keep or harbor any of the following persons from those persons' parent, guardian or custodian:

(1) A child under the age of eighteen, or a mentally or physically handicapped child under the age of twenty-one;

(2) A person committed by law to an institution for delinquent, unruly, neglected, abused or dependent children;

(3) A person committed by law to an institution for the mentally ill or mentally retarded.

(b) No person shall aid, abet, induce, cause or encourage a child or a ward of the juvenile court who has been committed to the custody of any person, department, or public or private institution to leave the custody of that person, department or institution without legal consent.

(c) It is an affirmative defense to a charge of enticing or taking under division (a)(1) of this section that the actor reasonably believed that the actor's conduct was necessary to preserve the child's health or safety. It is an affirmative defense to a charge of keeping or harboring under division (a) of this section that the actor in good faith gave notice to law enforcement or judicial authorities within a reasonable time after the child or committed person came under the actor's shelter, protection or influence.

(d) Whoever violates this section is guilty of interference with custody. Except as otherwise provided in RC 2919.23(D)(2), violation of division (a)(1) of this section is a misdemeanor of the first degree. A violation of division (a)(2) or (3) of this section is a misdemeanor of the third degree. A violation of division (b) of this section is a misdemeanor of the first degree. Each day of violation of division (b) of this section is a separate offense.
(RC 2919.23; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)

609.06     Child Stealing—Repealed

Note: Former section 609.06 was repealed by Ord. No. 834-03, passed 6-10-03, eff. 6-12-03.

609.07     Domestic Violence

(a) No person shall knowingly cause or attempt to cause physical harm to a family or household member.

(b) No person shall recklessly cause serious physical harm to a family or household member.

(c) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

(d) As used in this section:

(1) “Family or household member” means any of the following:

A. Any of the following who is residing or has resided with the offender:

1. A spouse, a person living as a spouse or a former spouse of the offender;

2. A parent or a child of the offender, or another person related by consanguinity or affinity to the offender;

3. A parent, or a child of a spouse, person living as a spouse, or former spouse of the offender; or another person related by consanguinity or affinity to a spouse, person living as a spouse or former spouse of the offender.

B. The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent.

(2) “Person living as a spouse” means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question.

(e) Whoever violates this section is guilty of domestic violence. A violation of division (a) or (b) of this section is a misdemeanor of the first degree, if the offender has not previously been convicted of domestic violence or a violation of Sections 2903.11, 2903.12, 2903.13, 2903.14, 2909.06, 2909.07, 2903.211, 2911.12, or 2911.211, 2919.22, of the Revised Code, or Section 621.03 of the General Offenses Code involving a person who was a family or household member at the time of such violation. A violation of division (c) of this section is a misdemeanor of the fourth degree. (RC 2919.25) If the offender has a prior conviction of domestic violence under this section or a code section enumerated in this division (e), then on a first offense, a violation of division (c) of this section is a misdemeanor of the second degree. A violation of division (c) of this section is a misdemeanor of the first degree if the offender has two prior convictions of domestic violence under this section or a code section enumerated in this division (e).

(f) The same relief available under the Revised Code for filing a complaint for violation of Section 2919.25 of the Revised Code shall be available for filing a complaint for violation of this section.
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)

609.08     Temporary Protection Order

(a) No person shall recklessly violate the terms of any of the following:

(1) A protection order issued or consent agreement approved pursuant to Section 2919.26 or 3113.31 of the Revised Code;

(2) A protection order issued pursuant to Section 2903.213 or 2903.214 of the Revised Code;

(3) A protection order issued by a court of another state;

(b) Except as otherwise provided in divisions (B)(3) and (B)(4) of Section 2919.27 of the Revised Code, if the offense involves a violation of this section, violating a protection order is a misdemeanor of the first degree.

(c) It is an affirmative defense to a charge under division (a)(3) of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith and credit by a court of this state or that is not entitled to full faith and credit under 18 U.S.C. 2265(c).

(d) As used in this section, “protection order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person, including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. “Protection order issued by a court of another state” does not include an order for support or for custody of a child issued pursuant to the divorce and child custody laws of another state, except to the extent that the order for support or for custody of a child is entitled to full faith and credit under the laws of the United States. (RC 2919.27)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)

609.09     Criminal Child Enticement

(a) No person, by any means and without privilege to do so, shall knowingly solicit, coax, entice or lure any child under fourteen years of age to accompany the person in any manner, including entering into any vehicle, as defined in Section 4501.01 of the Revised Code, or onto any vessel, as defined in Section 1547.01 of the Revised Code, whether or not the offender knows the age of the child, if both of the following apply:

(1) The actor does not have the express or implied permission of the parent, guardian or other legal custodian of the child in undertaking the activity;

(2) The actor is not a law enforcement officer, medic, firefighter or other person who regularly provides emergency services, and is not an employee or agent of, or a volunteer acting under the direction of any Board of Education, or the actor is any of such persons, but, at the time the actor undertakes the activity, the actor is not acting within the scope of his lawful duties in that capacity.

(b) It is an affirmative defense to a charge under division (a) of this section that the actor undertook the activity in response to a bona fide emergency situation or that the actor undertook the activity in a reasonable belief that it was necessary to preserve the health, safety or welfare of the child.

(c) Whoever violates this section is guilty of criminal child enticement, a misdemeanor of the first degree. This section does not apply if the offender previously has been convicted of this section or Sections 2909.05, 2907.02, 2907.03, 2907.12, 2905.01, or 2907.05 of the Revised Code when the victim of that prior offense was under seventeen years of age at the time of the offense. (RC 2905.05)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)

609.10     Contributing to Unruliness or Delinquency of a Child

(a) No person, including a parent, guardian, or other custodian of a child, shall do either of the following:

(1) Aid, abet, induce, cause, encourage or contribute to a child or a ward of the juvenile court becoming an unruly child as defined in Section 2151.022 of the Revised Code or a delinquent child as defined in Section 2151.02 of the Revised Code.

(2) Act in a way tending to cause a child or a ward of the juvenile court to become an unruly child as defined in Section 2151.022 of the Revised Code, or a delinquent child as defined in Section 2151.02 of the Revised Code.

(3) If the person is the parent, guardian, or custodian of a child who has the duties under Chapters 2152 and 2950 of the Revised Code to register, register a new residence address, and periodically verify a residence address, and, if applicable, to send a notice of intent to reside, and if the child is not emancipated, as defined in Section 2919.121 of the Revised Code, fail to ensure that the child complies with those duties under Chapters 2152 and 2950 of the Revised Code.

(b) Whoever violates this section is guilty of contributing to the unruliness or delinquency of a child, a misdemeanor of the first degree. Each day of violation of this section is a separate offense. (RC 2919.24)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)