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95 Offenses Against Persons 537.07 <br />(f) (1) This section does not apply to a person solely because the person provided <br />access or connection to or from an electronic method of remotely <br />transferring information not under that person's control, including having <br />provided capabilities that are incidental to providing access or connection <br />to or from .the electronic method of remotely transferring the information, <br />and that do not include the creation of the content of the material that is the <br />subject of the access or connection. In addition, any person providing <br />access or connection to or from an electronic method of remotely <br />transferring information not under that person's control shall not be liable <br />for any action voluntarily taken in good faith to block the receipt or <br />transmission through its service of any information that it believes is, or <br />will be sent, in violation of this section. <br />(2) Subsection (f)(1) of this section does not create an affirmative duty for any <br />person providing access or connection to or from an electronic method of <br />remotely transferring information not under that person's control to block <br />the receipt or transmission through its service of any information that it <br />believes is, or will be sent, in violation of this section except as otherwise <br />provided by law. <br />(3) Subsection (f)(1) of this section does not apply to a person who conspires <br />with a person actively involved in the creation or knowing distribution of <br />material in violation of this section or who knowingly advertises the <br />availability of material of that nature. <br />(ORC 2903.211) <br />-- 537.06 MENACING. <br />(a) ` No person shall knowingly cause another to believe that the offender will cause <br />physical harm to the person or property of the other person, the other person's unborn, or a <br />member of the other person's immediate family. <br />(b) Whoever violates this section is guilty of menacing. Except as otherwise provided <br />in this subsection (b), menacing is a misdemeanor of the fourth degree. If the victim of the offense <br />is an officer or employee of a public children services agency or a private child placing agency and <br />the offense relates to the officer's or employee's performance or anticipated performance of <br />official responsibilities or duties, or, if the offender previously has been convicted of or pleaded <br />guilty to an offense of violence, the victim of that prior offense was an officer or employee of a <br />public children services agency or private child placing agency, and that prior offense related to <br />the officer's or employee's performance or anticipated performance of official responsibilities or <br />duties, menacing is a felony and shall be prosecuted under appropriate State law. <br />(ORC 2903.22) <br />537.07 ENDANGERING CHILDREN. <br />(a) No person, who is the parent, guardian, custodian, person having custody or <br />control, or person in loco parentis of a child under eighteen years of age or a mentally or <br />physically handicapped child under twenty-one years of age, shall create a substantial risk to the <br />health or safety of the child, by violating a duty of care, protection or support. It is not a violation <br />of a duty of care, protection or support under this subsection when the parent, guardian, custodian <br />or person having custody or control of a child treats the physical or mental illness or defect of the <br />child by spiritual means through prayer alone, in accordance with the tenets of a recognized <br />religious body. <br />.2003 Replacement <br />