2006 Ohio Revised Code - 4301.99. Penalties.

§ 4301.99. Penalties.
 

(A)  Whoever violates section 4301.47, 4301.48, 4301.49, 4301.62, or 4301.70 or division (C) of section 4301.65 or division (B) of section 4301.691 [4301.69.1] of the Revised Code is guilty of a minor misdemeanor. 

(B)  Whoever violates section 4301.15, division (A)(2) or (C) of section 4301.22, division (C), (D), (E), (F), (G), (H), or (I) of section 4301.631 [4301.63.1], or section 4301.64 or 4301.67 of the Revised Code is guilty of a misdemeanor of the fourth degree. 
 

If an offender who violates section 4301.64 of the Revised Code was under the age of eighteen years at the time of the offense, the court, in addition to any other penalties it imposes upon the offender, shall suspend the offender's temporary instruction permit, probationary driver's license, or driver's license for a period of not less than six months and not more than one year. If the offender is fifteen years and six months of age or older and has not been issued a temporary instruction permit or probationary driver's license, the offender shall not be eligible to be issued such a license or permit for a period of six months. If the offender has not attained the age of fifteen years and six months, the offender shall not be eligible to be issued a temporary instruction permit until the offender attains the age of sixteen years. 

(C)  Whoever violates division (D) of section 4301.21, or section 4301.251 [4301.25.1], 4301.58, 4301.59, 4301.60, 4301.633 [4301.63.3], 4301.66, 4301.68, or 4301.74, division (B), (C), (D), (E)(1), or (F) of section 4301.69, or division (C), (D), (E), (F), (G), or (I) of section 4301.691 [4301.69.1] of the Revised Code is guilty of a misdemeanor of the first degree. 
 

If an offender who violates division (E)(1) of section 4301.69 of the Revised Code was under the age of eighteen years at the time of the offense and the offense occurred while the offender was the operator of or a passenger in a motor vehicle, the court, in addition to any other penalties it imposes upon the offender, shall suspend the offender's temporary instruction permit or probationary driver's license for a period of not less than six months and not more than one year. If the offender is fifteen years and six months of age or older and has not been issued a temporary instruction permit or probationary driver's license, the offender shall not be eligible to be issued such a license or permit for a period of six months. If the offender has not attained the age of fifteen years and six months, the offender shall not be eligible to be issued a temporary instruction permit until the offender attains the age of sixteen years. 

(D)  Whoever violates division (B) of section 4301.14, or division (A)(1) or (3) or (B) of section 4301.22 of the Revised Code is guilty of a misdemeanor of the third degree. 

(E)  Whoever violates section 4301.63 or division (B) of section 4301.631 [4301.63.1] of the Revised Code shall be fined not less than twenty-five nor more than one hundred dollars. The court imposing a fine for a violation of section 4301.63 or division (B) of section 4301.631 [4301.63.1] of the Revised Code may order that the fine be paid by the performance of public work at a reasonable hourly rate established by the court. The court shall designate the time within which the public work shall be completed. 

(F) (1)  Whoever violates section 4301.634 [4301.63.4] of the Revised Code is guilty of a misdemeanor of the first degree. If, in committing a first violation of that section, the offender presented to the permit holder or the permit holder's employee or agent a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than two hundred fifty and not more than one thousand dollars, and may be sentenced to a term of imprisonment of not more than six months. 

(2) On a second violation in which, for the second time, the offender presented to the permit holder or the permit holder's employee or agent a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than five hundred nor more than one thousand dollars, and may be sentenced to a term of imprisonment of not more than six months. The court also may impose a class seven suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code. 

(3) On a third or subsequent violation in which, for the third or subsequent time, the offender presented to the permit holder or the permit holder's employee or agent a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than five hundred nor more than one thousand dollars, and may be sentenced to a term of imprisonment of not more than six months. The court also shall impose a class six suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in division (A)(6) of section 4510.02 of the Revised Code, and the court may order that the suspension or denial remain in effect until the offender attains the age of twenty-one years. The court also may order the offender to perform a determinate number of hours of community service, with the court determining the actual number of hours and the nature of the community service the offender shall perform. 

(G)  Whoever violates section 4301.636 [4301.63.6] of the Revised Code is guilty of a felony of the fifth degree. 

(H)  Whoever violates division (A)(1) of section 4301.22 of the Revised Code is guilty of a misdemeanor, shall be fined not less than five hundred and not more than one thousand dollars, and, in addition to the fine, may be imprisoned for a definite term of not more than sixty days. 

(I)  Whoever violates division (A) of section 4301.69 or division (H) of section 4301.691 [4301.69.1] of the Revised Code is guilty of a misdemeanor, shall be fined not less than five hundred and not more than one thousand dollars, and, in addition to the fine, may be imprisoned for a definite term of not more than six months. 

(J)  Whoever violates division (B) of section 4301.65 of the Revised Code is guilty of a misdemeanor of the third degree. For a second or subsequent violation occurring within a period of five consecutive years after the first violation, a person is guilty of a misdemeanor of the first degree. 
 

HISTORY: 135 v H 352 (Eff 9-30-74); 135 v H 496 (Eff 9-30-74); 136 v H 1 (Eff 6-13-75); 136 v H 158 (Eff 8-13-76); 137 v S 49 (Eff 11-14-77); 140 v S 74 (Eff 7-4-84); 142 v H 419 (Eff 7-31-87); 142 v H 562 (Eff 6-29-88); 142 v H 306 (Eff 6-9-88); 143 v S 131 (Eff 7-25-90); 145 v S 82 (Eff 5-4-94); 145 v S 209 (Eff 11-9-94); 146 v S 2 (Eff 7-1-96); 147 v S 35 (Eff 1-1-99); 149 v H 17 (Eff 10-11-2002); 149 v S 123. Eff 1-1-2004; 150 v H 306, § 1, eff. 7-23-04; 151 v S 131, § 1, eff. 9-21-06.
 

The provisions of § 3 of H.B. 306 (150 v  - ) read as follows: 

SECTION 3. * * * Section 4301.99 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 17 and Am. Sub. S.B. 123 of the 124th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite versions of these sections are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act. 

Analogous to former RC § 4301.99 (Bureau of Code Revision, 10-1-53; 125 v 113; 126 v 324; 130 v 1000; 130 v 1003; 130 v 1002; 132 v H 345) repealed 135 v H 352 and H 496, eff 9-30-74.

The effective date is set by section 4 of SB 123. 

The provisions of § 5 of S.B. 123 (149 v  - ), as amended by § 3 of H.B. 163 (150 v  - ), read as follows: 

SECTION 5. (A) Notwithstanding division (B) of section 1.58 of the Revised Code, the provisions of the Revised Code amended or enacted in Sections 1 and 2 of Am. Sub. S.B. 123 of the 124th General Assembly shall apply only in relation to conduct and offenses committed on or after January 1, 2004. Conduct and offenses committed prior to January 1, 2004, shall be governed by the law in effect on the date the conduct or offense was committed. * * * 

 

Effect of Amendments

151 v S 131, effective September 21, 2006, in (A), inserted "division (C) of section 4301.65 or"; and added (J). 

150 v H 306, effective July 23, 2004, corrected internal references. 

S.B. 123, Acts 2002, effective January 1, 2004, inserted "not less than" and "and not more than one year" in the second paragraphs of (B) and (C); in (F)(2), substituted "impose a class seven suspension of" for "suspend" and "from the range specified in division (A)(7) of section 4510.02 of the Revised Code" for "or deny the offender the opportunity to be issued a driver's or commercial driver's license for a period not exceeding sixty days"; in (F)(3), substituted "impose a class six suspension of" for "suspend" and "from the range specified in division (A)(6) of section 4510.02 of the Revised Code" for "or deny the offender the opportunity to be issued a driver's or commercial driver's license for a period of ninety days."