2006 Ohio Revised Code - 2923.41. Definitions.

§ 2923.41. Definitions.
 

As used in sections 2923.41 to 2923.47 of the Revised Code: 

(A) "Criminal gang" means an ongoing formal or informal organization, association, or group of three or more persons to which all of the following apply: 

(1) It has as one of its primary activities the commission of one or more of the offenses listed in division (B) of this section. 

(2) It has a common name or one or more common, identifying signs, symbols, or colors. 

(3) The persons in the organization, association, or group individually or collectively engage in or have engaged in a pattern of criminal gang activity. 

(B) (1) "Pattern of criminal gang activity" means, subject to division (B)(2) of this section, that persons in the criminal gang have committed, attempted to commit, conspired to commit, been complicitors in the commission of, or solicited, coerced, or intimidated another to commit, attempt to commit, conspire to commit, or be in complicity in the commission of two or more of any of the following offenses: 

(a) A felony or an act committed by a juvenile that would be a felony if committed by an adult; 

(b) An offense of violence or an act committed by a juvenile that would be an offense of violence if committed by an adult; 

(c) A violation of section 2907.04, 2909.06, 2911.211 [2911.21.1], 2917.04, 2919.23, or 2919.24 of the Revised Code, section 2921.04 or 2923.16 of the Revised Code, section 2925.03 of the Revised Code if the offense is trafficking in marihuana, or section 2927.12 of the Revised Code. 

(2) There is a "pattern of criminal gang activity" if all of the following apply with respect to the offenses that are listed in division (B)(1)(a), (b), or (c) of this section and that persons in the criminal gang committed, attempted to commit, conspired to commit, were in complicity in committing, or solicited, coerced, or intimidated another to commit, attempt to commit, conspire to commit, or be in complicity in committing: 

(a) At least one of the two or more offenses is a felony. 

(b) At least one of those two or more offenses occurs on or after the effective date of this section. 

(c) The last of those two or more offenses occurs within five years after at least one of those offenses. 

(d) The two or more offenses are committed on separate occasions or by two or more persons. 

(C) "Criminal conduct" means the commission of, an attempt to commit, a conspiracy to commit, complicity in the commission of, or solicitation, coercion, or intimidation of another to commit, attempt to commit, conspire to commit, or be in complicity in the commission of an offense listed in division (B)(1)(a), (b), or (c) of this section or an act that is committed by a juvenile and that would be an offense, an attempt to commit an offense, a conspiracy to commit an offense, complicity in the commission of, or solicitation, coercion, or intimidation of another to commit, attempt to commit, conspire to commit, or be in complicity in the commission of an offense listed in division (B)(1)(a), (b), or (c) of this section if committed by an adult. 

(D) "Juvenile" means a person who is under eighteen years of age. 

(E) "Law enforcement agency" includes, but is not limited to, the state board of pharmacy and the office of a prosecutor. 

(F) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code. 

(G) "Financial institution" means a bank, credit union, savings and loan association, or a licensee or registrant under Chapter 1321. of the Revised Code. 

(H) "Property" includes both of the following: 

(1) Real property, including, but not limited to, things growing on, affixed to, and found in the real property; 

(2) Tangible and intangible personal property, including, but not limited to, rights, privileges, interests, claims, and securities. 

(I) "Firearms" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code. 

(J) "Computers," "computer networks," "computer systems," and "computer software" have the same meanings as in section 2913.01 of the Revised Code. 

(K) "Vehicle" has the same meaning as in section 4501.01 of the Revised Code. 
 

HISTORY: 147 v H 2. Eff 1-1-99.
 

Not analogous to former RC § 2923.41 (125 v S 28 (211); 134 v H 344), repealed 134 v H 511, § 2, eff 1-1-74.

The effective date is set by section 4 of HB 2. 

The provisions of § 3 of HB 2 (147 v  - ) read as follows: 

SECTION 3. (A) The General Assembly finds that it is the right of every individual, regardless of race, color, creed, religion, national origin, sex, age, sexual orientation, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this act to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The General Assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of grievances, and to participate in the electoral process. 

(B) The General Assembly finds, however, that the state of Ohio is facing a mounting crisis caused by criminal gangs whose members threaten and terrorize peaceful citizens and commit a multitude of crimes. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected. 

(C) It is the intent of the General Assembly to eradicate the terror created by criminal gangs by providing enhanced penalties and by eliminating the patterns, profits, proceeds, and instrumentalities of criminal gang activity.