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537.04 GENERAL OFFENSES CODE 94D <br />537.04 NEGLIGENT ASSAULT. <br />(a) No person shall negligently, by means of a deadly weapon or dangerous ordnance <br />as defined in Section 549.01 cause physical harm to another or to another's unborn. <br />(b) Whoever violates this section is guilty of negligent assault, a misdemeanor of the <br />third degree. (ORC 2903.14) <br />537.05 AGGRAVATED MENACING. <br />(a) No person shall knowingly cause another to believe that the offender will cause <br />serious physical harm to the person or property of the other person, the other person's unborn, <br />or a member of the other person's immediate family. <br />(b) Whoever violates this section is guilty of aggravated menacing. Except as <br />otherwise provided in this subsection (b), aggravated menacing is a misdemeanor of the first <br />degree. If the victim of the offense is an officer or employee of a public children services agency <br />or a private child placing agency and the offense relates to the officer's or employee's performance <br />or anticipated performance of official responsibilities or duties, or, if the offender previously has <br />been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was <br />an officer or employee of a public children services agency or private child placing agency, and <br />that prior offense related to the officer's or employee's performance or anticipated performance <br />of official responsibilities or duties, aggravated menacing is a felony and shall be prosecuted under <br />appropriate State law. (ORC 2903.21) <br />537.051 MENACING BY STALKING. <br />(a) (1) No person by engaging in a pattern of conduct shall knowingly cause <br />another person to believe that the offender will cause physical harm to the <br />other person or cause mental distress to the other person. <br />(2) No person, through the use of any electronic method of remotely <br />transferring information, including, but not limited to, any computer, <br />computer network, computer program, or computer system, shall post a <br />message with purpose to urge or incite another to commit a violation of <br />subsection (a)(1) of this section. <br />(b) Whoever violates this section is guilty of menacing by stalking. <br />(1) Except as otherwise provided in subsections (b)(2) and (3) of this section, <br />menacing by stalking is a misdemeanor of the first degree. <br />(2) Menacing by stalking is a .felony and shall be prosecuted under <br />appropriate State law if any of the following applies: <br />A. The offender previously has been convicted of or pleaded guilty to <br />a violation of this section or a violation of Section 541.051. <br />B. In committing the offense under subsection (a)(1) or (2) of this <br />section, the offender made a threat of physical harm to or against <br />the victim, or as a result of an offense committed under subsection <br />(a)(2) of this section, a third person induced by the offender's <br />posted message made a threat of physical harm to or against the <br />victim. <br />2003 Replacement <br />