2006 Ohio Revised Code - 2903.21. Aggravated menacing.

§ 2903.21. Aggravated menacing.
 

(A)  No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family. 

(B)  Whoever violates this section is guilty of aggravated menacing. Except as otherwise provided in this division, aggravated menacing is a misdemeanor of the first degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, aggravated menacing is a felony of the fifth degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 146 v S 239 (Eff 9-6-96); 148 v H 412. Eff 4-10-2001.

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section is analogous to the former offense of menacing threats, although this offense and the lesser offense of menacing differ from former law in two significant respects. 

First, former law made no distinction as to types of harm threatened. The threat of more serious harm, however, calls for a more severe penalty under this section, whereas threats of lesser harm are cognizable under section 2903.22, menacing. Second, under this section and the section following, the threatened harm need not be directed at the victim as such, but may be directed at a member of the victim's immediate family. Under former law, the person to whom the threat was addressed had also to be the object of the threatened harm. Also, a threat to harm property is cognizable under both menacing sections by itself and without any additional elements, such as a purpose to extort. 

Neither aggravated menacing nor menacing requires that the offender be able to carry out his threat or even believe himself capable of carrying it out. It is sufficient if the offender knowingly causes the victim to believe the offender will carry his threat into execution. The rationale for this is that regardless of whether the offender is bluffing or in earnest the victim may be impelled to violence to counter what he believes to be a real threat. If the victim of a threat is not in fact intimidated, the offender's conduct would constitute attempted menacing if his purpose was to intimidate or he knew that his conduct would probably intimidate. 

Aggravated menacing is a misdemeanor of the first degree. 

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