Ohio Code 2917.321 – Swatting
(A) As used in this section:
Attorney's Note
Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the second degree | 2 years or more | up to $15,000 |
| Felony of the fourth degree | 6 to 18 months | up to $5,000 |
Terms Used In Ohio Code 2917.321
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Property: means real and personal property. See Ohio Code 1.59
- Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
(1) “Emergency response” means an action taken by a law enforcement agency to preserve the life, health, safety, or property of any person.
(2) “Public safety answering point” and “emergency service provider” have the same meanings as in section 128.01 of the Revised Code.
(3) “Telecommunications device” and “telecommunications service” have the same meanings as in section 2913.01 of the Revised Code.
(B) No person by means of a telecommunications device or telecommunications service shall report or cause to be reported false or misleading information to a law enforcement agency, emergency service provider, or public safety answering point, knowing the information to be false or misleading, with reckless disregard as to whether the report may cause bodily harm to any individual as a direct result of an emergency response to the report, and under circumstances where the report is reasonably likely to cause an emergency response from a law enforcement agency, emergency service provider, or public safety answering point and the report does cause an emergency response.
(C) This section does not apply to any person conducting an authorized emergency drill.
(D)(1) Whoever violates this section is guilty of swatting.
(2) Except as otherwise provided in division (D)(3) of this section, swatting is a felony of the fourth degree.
(3) If a violation of this section results in serious physical harm to any person, it is a felony of the second degree.
(E) Prior to the sentencing of a person who has been convicted of or pleaded guilty to a violation of this section, the court shall enter an order that directs any law enforcement agency or emergency service provider involved in the emergency response that wishes to be reimbursed for the costs incurred by the agency or provider during the emergency response, to file with the court within a specified time an itemized statement of those costs. The court may then order the offender to reimburse the agency for all or a portion of those costs under section 2929.18 of the Revised Code.
(F) Any act that is a violation of this section and any other section of the Revised Code may be prosecuted under this section, the other section, or both sections.
Last updated January 31, 2023 at 12:56 PM