2006 Ohio Revised Code - 2905.02. Abduction.
(A) No person, without privilege to do so, shall knowingly do any of the following:
(1) By force or threat, remove another from the place where the other person is found;
(2) By force or threat, restrain the liberty of another person, under circumstances which create a risk of physical harm to the victim, or place the other person in fear;
(3) Hold another in a condition of involuntary servitude.
(B) Whoever violates this section is guilty of abduction, a felony of the third degree.
HISTORY: 134 v H 511 (Eff 1-1-74); 139 v S 199 (Eff 7-1-83); 146 v S 2. Eff 7-1-96.
Not analogous to former RC § 2905.02 (RS §§ 6816, 6817; S&C 404; 72 v 93; 84 v 65; 91 v 61; 92 v 54; 95 v 344; GC § 12413; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.
The effective date is set by section 6 of SB 2.
19xx Committee Report or Comment.
1974 Committee Comment to H 511
This section defines a lesser included offense to kidnapping, distinguished mainly by the lesser degree of potential harm to the victim.
The first two parts of the section prohibit removing another from the place where he is found or restraining him of his liberty under circumstances which pose a risk of harm to him or place him in fear. As in kidnapping, the removal need not be for a great distance, and the manner of restraint is unimportant. Unlike kidnapping, however, deception is not listed as one of the means to effect the removal or restraint, nor is any special exception made with respect to the means to abduct children and incompetents. Force or threats must be used in every case. Also, the risk of harm to the victim is less than that required in kidnapping, and it is sufficient if the victim is merely made to fear for his safety.
Under the third part of the section, holding another in a condition of involuntary servitude is abduction, regardless of whether there is any risk to the victim, or whether he is placed in fear.
Abduction is a felony of the third degree.
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