1998 022 Ordinance - Laserfiche WebLink

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(d) Whoever violates this section is guilty of endangering children. (1) Whoever violates subsection (a) or (b) hereof is guilty of a misdemeanor of the first degree, if the violation does not result in serious physical harm to the child involved, or if the offender previously has not been convicted of an offense under this section, Ohio R.C. 2919.22 or of any offense involving neglect, abandonment, contributing to the delinquency of or physical abuse of a child. (2) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree unless either of the following apply: A. The violation results in serious physical harm to the child involved or the offender previously has been convicted of an offense under Ohio R.C. 2919.22 or this section or any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child. B. The violation results in serious physical harm to the child involved and the offender previously has been convicted of a violation of Ohio R.C. 2919.22(C) or subsection (c) hereof, Ohio R.C. 2903.06, 2903.07, or 2903.08 or a similar municipal ordinance or Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that section. (3) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to subsection (d)(2) hereof, or pursuant to any other provision of law, the court also may impose upon the offender any of the sanctions provided under -Ohio R.C. 2919.2;2(E)(5)(d). - (e) (1) If a person violates subsection (c) hereof and if, at the time of the violation, there were two or more children under eighteen years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of subsection (c) hereof for each of the children, but the court may sentence the offender for only one of the violations. (2) A. If a person is convicted of or pleads guilty to a violation of subsection (c) hereof but the person is not also convicted of and does not also plead guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, both of the following apply: 1. For purposes of the provisions of the Traffic Code penalty that set forth the penalties and sanctions for a violation of Section 333.01(a) of the Traffic Code, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute a violation of Section 333.01(a) of the Traffic Code. 1998 Replacement