2006 Ohio Revised Code - 2917.13. Misconduct at emergency.

§ 2917.13. Misconduct at emergency.
 

(A)  No person shall knowingly do any of the following: 

(1) Hamper the lawful operations of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person, engaged in the person's duties at the scene of a fire, accident, disaster, riot, or emergency of any kind; 

(2) Hamper the lawful activities of any emergency facility person who is engaged in the person's duties in an emergency facility; 

(3) Fail to obey the lawful order of any law enforcement officer engaged in the law enforcement officer's duties at the scene of or in connection with a fire, accident, disaster, riot, or emergency of any kind. 

(B)  Nothing in this section shall be construed to limit access or deny information to any news media representative in the lawful exercise of the news media representative's duties. 

(C)  Whoever violates this section is guilty of misconduct at an emergency. Except as otherwise provided in this division, misconduct at an emergency is a misdemeanor of the fourth degree. If a violation of this section creates a risk of physical harm to persons or property, misconduct at an emergency is a misdemeanor of the first degree. 

(D)  As used in this section: 

(1) "Emergency medical services person" is the singular of "emergency medical services personnel" as defined in section 2133.21 of the Revised Code. 

(2) "Emergency facility person" is the singular of "emergency facility personnel" as defined in section 2909.04 of the Revised Code. 

(3) "Emergency facility" has the same meaning as in section 2909.04 of the Revised Code. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 135 v H 716 (Eff 1-1-74); 148 v H 137 (Eff 3-10-2000); 149 v S 40. Eff 1-25-2002; 150 v S 57, § 1, eff. 3-22-04.
 

The effective date is set by section 4 of S.B. 57 (150 v  - ). 

Not analogous to former RC § 2917.13 (RS § 6905; S&C 432; 29 v 144; GC § 12834; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

Analogous to former RC § 2923.43 (132 v H 332), repealed 134 v H 511, § 2, eff 1-1-74.

 

Effect of Amendments

S.B. 57, Acts 2003, effective March 22, 2004, substituted "misdemeanor of the fourth degree" for "minor misdemeanor' in (C). 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section retains a former measure aimed primarily at controlling bystanders and curiosity seekers at emergency scenes, in order to permit police, fire brigades, rescue and medical personnel, and others, to perform their duties with the utmost efficiency at such times. 

Although the section is a specific tool for crowd control at emergencies, an offense under it need not necessarily arise from the collective conduct of a crowd but may be committed by one person. For example, one who simply gets underfoot at an emergency and is consciously aware he is doing so is guilty of a violation of the section. If he is at first unaware that he is in the way, but then ignores the reasonable order of a policeman to move along, he is also guilty of a violation. 

Under the section, "emergency" is to be broadly construed. It may be an emergency created by a leaking gas main, or by a severe storm, or by sudden illness, or by a false bomb threat, or by a disorderly crowd in an ugly mood, or by any other combination of circumstances calling for action to save or protect persons or property. 

Misconduct at an emergency is a minor misdemeanor. If violation of the section creates a risk of physical harm to persons or property, misconduct at an emergency is a misdemeanor of the fourth degree. 

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