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94E Offenses A~,ainst Persons 537.051 <br />C. In committing the offense under subsection (a)(1) or (2) of this <br />section, the offender trespassed on the land or premises where the <br />victim lives, is employed, or attends school, or as a result of an <br />offense committed under subsection (a)(2) of this section, a third <br />person induced by the offender's posted message trespassed on the <br />land or premises where the victim lives, is employed, or attends <br />school. <br />D. The victim of the offense is a minor. <br />E. The offender has a history of violence toward the victim or any <br />other person or a history of other violent acts toward the victim or <br />any other person. <br />F. While committing the offense under subsection (a)(1) of this <br />section, the offender had a deadly weapon on or about the <br />offender's person or under the offender's control... Subsection <br />(b)(2)F. of this section does not apply in determining the penalty <br />for a violation of subsection (a)(2) of this section: <br />G. At the time of the commission of the offense, the offender was the <br />subject of a protection order issued under Ohio R.C. 2903..213 or <br />2903.214, regardless of whether the person to be protected under <br />the order is the victim of the offense or another person. <br />H. In committing the offense under subsection (a)(1) or (2) of this <br />section, the offender caused serious physical harm to the premises <br />at which the victim resides, to the real property on which that <br />premises is located, or to any personal property located on that <br />premises, 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 caused serious physical harm to that premises, that <br />real property, or any personal property on that premises. <br />I. Prior to committing the offense, the offender had been determined <br />to represent a substantial risk of physical harm to others as <br />manifested by evidence of then-recent homicidal or other violent <br />behavior, evidence of then-recent threats that placed another in <br />reasonable fear of violent behavior and serious physical harm, or <br />other evidence of then-present dangerousness. <br />(3) If the victim of the offense is an officer or employee of a public children <br />services agency or a private child placing agency and the offense relates to <br />the officer's or employee's performance or anticipated performance of <br />official responsibilities or duties, or, if the offender previously has been <br />convicted of or pleaded guilty to an offense of violence, the victim of that <br />prior offense was an officer or employee of a public children services <br />agency or private child placing agency, and that prior offense related to the <br />officer's or employee's performance or anticipated performance of official <br />responsibilities, or duties, menacing by stalking is a felony and shall be <br />prosecuted under appropriate State law. <br />(c) Ohio R.C. 2919.271 applies in relation to a defendant charged with a violation of <br />this section. <br /> <br />2003 Replacement <br />