2006 Ohio Revised Code - 2921.32. Obstructing justice.

§ 2921.32. Obstructing justice.
 

(A)  No person, with purpose to hinder the discovery, apprehension, prosecution, conviction, or punishment of another for crime or to assist another to benefit from the commission of a crime, and no person, with purpose to hinder the discovery, apprehension, prosecution, adjudication as a delinquent child, or disposition of a child for an act that if committed by an adult would be a crime or to assist a child to benefit from the commission of an act that if committed by an adult would be a crime, shall do any of the following: 

(1) Harbor or conceal the other person or child; 

(2) Provide the other person or child with money, transportation, a weapon, a disguise, or other means of avoiding discovery or apprehension; 

(3) Warn the other person or child of impending discovery or apprehension; 

(4) Destroy or conceal physical evidence of the crime or act, or induce any person to withhold testimony or information or to elude legal process summoning the person to testify or supply evidence; 

(5) Communicate false information to any person; 

(6) Prevent or obstruct any person, by means of force, intimidation, or deception, from performing any act to aid in the discovery, apprehension, or prosecution of the other person or child. 

(B)  A person may be prosecuted for, and may be convicted of or adjudicated a delinquent child for committing, a violation of division (A) of this section regardless of whether the person or child aided ultimately is apprehended for, is charged with, is convicted of, pleads guilty to, or is adjudicated a delinquent child for committing the crime or act the person or child aided committed. The crime or act the person or child aided committed shall be used under division (C) of this section in determining the penalty for the violation of division (A) of this section, regardless of whether the person or child aided ultimately is apprehended for, is charged with, is convicted of, pleads guilty to, or is adjudicated a delinquent child for committing the crime or act the person or child aided committed. 

(C) (1)  Whoever violates this section is guilty of obstructing justice. 

(2) If the crime committed by the person aided is a misdemeanor or if the act committed by the child aided would be a misdemeanor if committed by an adult, obstructing justice is a misdemeanor of the same degree as the crime committed by the person aided or a misdemeanor of the same degree that the act committed by the child aided would be if committed by an adult. 

(3) Except as otherwise provided in divisions (C)(4) and (5) of this section, if the crime committed by the person aided is a felony or if the act committed by the child aided would be a felony if committed by an adult, obstructing justice is a felony of the fifth degree. 

(4) If the crime committed by the person aided is aggravated murder, murder, or a felony of the first or second degree or if the act committed by the child aided would be one of those offenses if committed by an adult and if the offender knows or has reason to believe that the crime committed by the person aided is one of those offenses or that the act committed by the child aided would be one of those offenses if committed by an adult, obstructing justice is a felony of the third degree. 

(5) If the crime or act committed by the person or child aided is an act of terrorism, obstructing justice is one of the following: 

(a) Except as provided in division (C)(5)(b) of this section, a felony of the second degree; 

(b) If the act of terrorism resulted in the death of a person who was not a participant in the act of terrorism, a felony of the first degree. 

(D)  As used in this section: 

(1) "Adult" and "child" have the same meanings as in section 2151.011 [2151.01.1] of the Revised Code. 

(2) "Delinquent child" has the same meaning as in section 2152.02 of the Revised Code. 

(3) "Act of terrorism" has the same meaning as in section 2909.21 of the Revised Code. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 146 v S 2 (Eff 7-1-96); 147 v H 161 (Eff 12-31-97); 148 v S 179, § 3 (Eff 1-1-2002); 149 v S 184. Eff 5-15-2002.

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section consolidates and extends similar provisions in former Ohio statute law, so that the new section is roughly equivalent to the common law crime of being an accessory after the fact. This section applies to improperly aiding any offender, not merely a felon, and also specifies a number of prohibited acts in aid of an offender which were not covered under former law, such as warning him of impending discovery or arrest, or throwing pursuit onto a false trail. 

Obstructing justice is a misdemeanor of the first degree. If the crime committed by the person aided is a felony, obstructing justice is a felony of the fourth degree.