OFFENSES AGAINST PERSONS

Codified Ordinances of Cleveland pt. SIX, tit. I, ch. 621

in effect

Codified Ordinances of Cleveland § 621.01 Negligent Homicide

§ 621.01 Negligent Homicide (a) No person shall negligently cause the death of another by means of a deadly weapon or dangerous ordnance as defined in Section 627.01. (b) Whoever violates this section is guilty of negligent homicide, a misdemeanor of the first degree. (RC 2903.05; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)

Codified Ordinances of Cleveland § 621.02 Vehicular Homicide

§ 621.02 Vehicular Homicide (a) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft or aircraft shall negligently cause the death of another. (b) Whoever violates this section is guilty of vehicular homicide, a misdemeanor of the first degree. If the jury or judge as trier of fact in the case in which the person is convicted finds that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, at the time of the commission of the offense, the offender shall in addition be given mandatory sentence and license revocation found in RC 4507.16. (c) To assist the trier of fact in determining whether the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the concentration of alcohol in the offender’s blood, breath or urine as shown by a chemical test taken pursuant to RC 1547.111 or 4511.191 may be considered as a competent evidence and the offender shall be presumed to have been under the influence of alcohol if there was at the time the bodily substance was withdrawn for the chemical test a concentration of ten-hundredths of one percent (0.10%) or more by weight of alcohol in the offender’s blood, ten- hundredths (0.10) of one (1) gram or more by weight of alcohol per 210 liters of his or her breath, or fourteen- hundredths (0.14) of one (1) gram or more by weight of alcohol per one hundred (100) milliliters of his or her urine. (RC 2903.07). (d) This section shall not apply whenever the conduct prohibited by this section constitutes a felony under RC 2903.07. (Ord. No. 820-90. Passed 6-14-93, eff. 6-23-93)

Codified Ordinances of Cleveland § 621.03 Assault

§ 621.03 Assault (a) No person shall knowingly cause or attempt to cause physical harm to another. (b) No person shall recklessly cause serious physical harm to another. (c) Whoever violates this section is guilty of assault, a misdemeanor of the first degree. (d) Notwithstanding the provisions of division (c) of this section, if the sentencing court determines that the victim of the offense was any of the following: (1) An official or employee of the Cleveland City School District or the City of Cleveland; or (2) A member of the City's Auxiliary Police Force; or (3) A school crossing guard or his or her alternate; or (4) A volunteer working on school property, whether public or private, or at a City-owned recreation center; or (5) A taxicab driver licensed under Chapter 443 of the Codified Ordinances; or (6) A Regional Transit Authority worker, driver or operator or any other public transportation system worker, driver or operator, and the court further determines that the victim was performing his or her official duties at the time of the offense, the court shall set the offender's fine at one thousand dollars ($1,000.00) and in addition to said fine shall sentence the offender to not less than sixty (60) days' and not more than six (6) months' imprisonment. The minimum fine and imprisonment to be imposed by the court pursuant to this division (d) are mandatory. The court shall not suspend all or any portion of said fines and imprisonment. (e) Notwithstanding the provisions of division (c) of this section, if the sentencing court determines that the victim of the offense was a child between the ages of six (6) and seventeen (17) and was in attendance in a facility owned by the Cleveland City School District at the time of the offense, the court shall set the offender's fine at one thousand dollars ($1,000.00) and, in addition to said fine, shall sentence the offender to not less than sixty (60) days' and not more than six (6) months' imprisonment. The minimum fine and imprisonment to be imposed by the court pursuant to this division (d) are mandatory. The court shall not suspend all or any portion of said fines and imprisonment. (f) This section does not apply where the offense constitutes a felony pursuant to RC 2903.13. (Ord. No. 167-13. Passed 4-15-13, eff. 4-19-13)

Codified Ordinances of Cleveland § 621.04 Negligent Assault

§ 621.04 Negligent Assault (a) No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in Section 627.01 cause physical harm to another. (b) Whoever violates this section is guilty of negligent assault, a misdemeanor of the third degree. (RC 2903.14; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)

Codified Ordinances of Cleveland § 621.05 Reserved

Codified Ordinances of Cleveland § 621.06 Aggravated Menacing

§ 621.06 Aggravated Menacing (a) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of such other person or member of his or her immediate family. (b) Whoever violates this section is guilty of aggravated menacing, a misdemeanor of the first degree. (RC 2903.21; Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

Codified Ordinances of Cleveland § 621.07 Menacing

§ 621.07 Menacing (a) As used in this section: “Healthcare worker” means one who delivers care and/or services to the sick, injured, or those receiving medical or behavioral health treatment, either directly as health care professionals such as, but not limited to, doctors, nurses, radiology technologists, emergency medical technicians, paramedics, and unarmed crisis responders or indirectly as, but not limited to, aides, helpers, laboratory technicians, emergency dispatchers, or medical waste handlers. (b) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of such other person or member of his or her immediate family. (c) Whoever violates this section is guilty of menacing, a misdemeanor of the fourth degree. (d) If the victim of the offense is a healthcare worker whom the offender knows or has reason to know is a healthcare worker, and the offense occurred during the healthcare worker’s performance or attempted performance of official responsibilities or duties, and if the hospital offers de-escalation or crisis intervention training and trauma-informed care training for such healthcare workers, menacing is a misdemeanor of the first degree. (e) Any person convicted of an offense covered by division (d) of this section shall receive a mandatory jail sentence of at least three (3) days, which shall not be suspended and during which mandatory minimum jail term the defendant shall not be eligible for any form of early release, house arrest, or work release. (1) The mandatory minimum shall be served consecutively for each eligible of offense. (2) The mandatory minimum may be reduced for time served in jail prior to sentencing. A day of time served credit may not be used to reduce multiple mandatory minimum sentences. (3) The court may impose additional penalties as permitted by Section 601.99. (f) Annual Public Reporting Requirements. (1) The Director of Public Safety, in coordination with the Department of Public Health, shall prepare an Annual Menacing Incidents in Healthcare Settings report to be submitted to Cleveland City Council and made publicly available on the City’s website no later than March 31st of each year. (2) The Annual report shall include aggregated data for all incidents involving alleged violations under division (d), including but not limited to: A. Total number of reported incidents of alleged menacing of healthcare workers; and B. Total number of charges filled under division (d); and C. Healthcare settings involved (e.g.., hospitals, EMS, community clinics, behavioral health facilities); and D. Geographic distribution of incidents within the City of Cleveland; and E. Demographic date of the individuals involved, including: 1. Age; 2. Gender; 3. Race and ethnicity; 4. Primary Language; 5. Disability Status (when applicable and voluntarily provided). F. Socioeconomic indicators, including: 1. Housing status (housed, unhoused, transitional, unknown); 2. Insurance status (insured, uninsured); 3. Indicators of financial/medical hardship when known. G. Use of de-escalation practices, including whether behavioral health or crisis intervention teams were engaged. H. Disposition of cases, including diversion, dismissal, plea agreements, or convictions. (3) All data shall be reported in aggregate, anonymized form and shall comply with HIPAA and all applicable privacy protections. (4) The report shall also provide recommendations for system-level improvements, including policies, training, trauma-informed practices, staffing protocols and resource needs. (RC 2903.22; Ord. No. 1380-2025. Passed 6-1-26, eff. 6-2-26)

Codified Ordinances of Cleveland § 621.08 Unlawful Restraint

§ 621.08 Unlawful Restraint (a) No person, without privilege to do so, shall knowingly restrain another of his or her liberty. (b) Whoever violates this section is guilty of unlawful restraint, a misdemeanor of the third degree. (RC 2905.03; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)

Codified Ordinances of Cleveland § 621.09 Coercion

§ 621.09 Coercion (a) No person, with purpose to coerce another into taking or refraining from action concerning which he or she has a legal freedom of choice, shall do any of the following: (1) Threaten to commit any offense; (2) Utter or threaten any calumny against any person; (3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt or ridicule, or to damage his or her personal or business repute, or impair his or her credit; (4) Institute or threaten criminal proceedings against any person; (5) Take or withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld. (b) Subsections (a)(4) and (5) hereof shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interests of justice: (1) Offering or agreeing to grant, or granting immunity from prosecution pursuant to RC 2945.44; (2) In return for a plea of guilty to one (1) or more offenses charged or to one (1) or more other or lesser offenses, or in return for the testimony of the accused in a case to which he or she is not a party, offering or agreeing to dismiss, or dismissing one (1) or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence; (3) Imposing probation on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of his or her offense. (c) It is an affirmative defense to a charge under subsection (a)(3), (4) or (5) hereof that the actor’s conduct was a reasonable response to the circumstances which occasioned it, and that his or her purpose was limited to: (1) Compelling another to refrain from misconduct or to desist from further misconduct; (2) Preventing or redressing a wrong or injustice; (3) Preventing another from taking action for which the actor reasonably believed such other person to be disqualified; (4) Compelling another to take action which the actor reasonably believed such other person to be under a duty to take. (d) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree. (e) As used in this section, “threat” includes a direct threat and a threat by innuendo. (RC 2905.12; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)

Codified Ordinances of Cleveland § 621.10 Telecommunications Harassment

§ 621.10 Telecommunications Harassment (a) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit a telecommunication to be made from a telecommunications device under the person's control, to another, if the caller does any of the following: (1) Fails to identify the caller to the recipient of the telecommunication and makes the telecommunication with purpose to harass or abuse any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient; (2) Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made; (3) During the telecommunication, violates Section 621.06 or RC 2903.21; (4) Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of recipient's family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged; (5) Knowingly makes the telecommuni-cation to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any persons at those premises. (b) No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under the person's control, with purpose to abuse, threaten, or harass another person. (c) Whoever violates this section is guilty of telecommunication harassment, a misdemeanor of the first degree. (d) This section shall not apply in any case in which the proscribed conduct constitutes a felony under RC 2917.21. (e) As used in this section: (1) "Caller" means the person described in division (a) of this section who makes or causes to be made a telecommunication or who permits a tele-communication to be made from a telecommunications device under that person's control. (2) "Sexual activity" has the same meaning as in Section 619.01 and shall also include all conduct constituting "sexual activity" as defined in RC 2907.01. (3) "Telecommunication" means the origination, emission, dissemination, transmission, or reception of data, images, signals, sounds, or other intelligence or equivalence of intelligence of any nature over any communications system by any method, including, but not limited to, a fiber optic, electronic, magnetic, optical, digital, or analog method. (RC 2913.01) (4) "Telecommunications device" means any instrument, equipment, machine, or other device that facilitates telecommunication, including, but not limited to, a computer, computer network, computer chip, computer circuit, scanner, telephone, cellular telephone, pager, personal communications device, transponder, receiver, radio, modem, or device that enables the use of a modem. (RC 2913.01) (f) Nothing in this section prohibits a person from making a telecommunication to a debtor that is in compliance with the "Fair Debt Collection Practices Act", 91 Stat. 874 (1977), 15 U.S.C. 1692, as amended, or the "Telephone Consumer Protection Act", 105 Stat. 2395 (1991), 47 U.S.C. 227, as amended. (RC 2917.21; Ord. No. 270-12. Passed 4-23-12, eff. 4-26-12)

Codified Ordinances of Cleveland § 621.11 Threatening or Harassing Telecommunications

§ 621.11 Threatening or Harassing Telecommunications (a) No person shall, while communicating with any other person over a telecommunications device, threaten to do bodily harm or use or address to such other person any words or language of a lewd, lascivious or indecent character, nature or connotation for the sole purpose of annoying such other person; nor shall any person make a telecommunication to any other person repeatedly or cause any person to be a telecommunications recipient repeatedly for the sole purpose of harassing or molesting such other person or his family. Any use, communication or act prohibited by this section may be deemed to have occurred or to have been committed at either the place at which the telecommunication was made or was received. (b) As used in this section, "telecommunications device" has the same meaning as in Section 621.10. (c) Whoever violates this section is guilty of a threatening or harassing telecommunication, a misdemeanor of the first degree. (Ord. No. 270-12. Passed 4-23-12, eff. 4-26-12)

Codified Ordinances of Cleveland § 621.12 Revelation of Confidential Matters

§ 621.12 Revelation of Confidential Matters (a) No employee of another, who in the course and within the scope of his or her employment receives any confidential matter or information, shall knowingly, without the consent of his or her employer, furnish or disclose such matter or information to any person not privileged to acquire it. (RC 1333.81) (b) Whoever violates this section is guilty of a misdemeanor of the first degree. (RC 1333.99(F); Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)

Codified Ordinances of Cleveland § 621.13 Abuse of Corpse

§ 621.13 Abuse of Corpse (a) No person, except as authorized by law, shall treat a human corpse in a way that he or she knows would outrage reasonable family sensibilities. (b) Whoever violates this section is guilty of abuse of a corpse, a misdemeanor of the second degree. (RC 2927.01; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)

Codified Ordinances of Cleveland § 621.14 Hazing

§ 621.14 Hazing (a) As used in this section, “hazing” means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person. (b) (1) No person shall recklessly participate in the hazing of another. (2) No administrator, employee, or faculty member of any primary, secondary, or post-secondary school or of any other educational institution, public or private, shall recklessly permit the hazing of any person. (c) Whoever violates this section is guilty of hazing, a misdemeanor of the first degree. (RC 2903.31; Ord. No. 542-90. Passed 3-19-90, eff. 3-22-90)

Codified Ordinances of Cleveland § 621.031 Assault by a Minor; Parental Duty Imposed

§ 621.031 Assault by a Minor; Parental Duty Imposed (a) No child between the ages of six (6) and seventeen (17), inclusive, shall knowingly cause or attempt to cause physical harm to an official or employee of the Cleveland City School District or City of Cleveland while performing his or her official duties. (b) Each parent or legal guardian of a child between the ages of six (6) and seventeen (17), inclusive, shall have a duty to prohibit the child from behaving contrary to division (a) of this section. No person shall negligently fail to fulfill the duty imposed by this division. (c) It shall be an affirmative defense to division (b) of this section that the parent or legal guardian: (1) Initiated the jurisdiction of the Juvenile Court against the child prior to the time that the child was found violating division (a) of this section; or (2) Can demonstrate based upon the records of the Cleveland City School District that they have been actively working with officials of the Cleveland City School District regarding the behavior of the child prior to the time that the child was found violating division (a) of this section. (d) Any child who violates division (a) of this section is an unruly child and is subject to the jurisdiction of the Juvenile Court. (e) Any school official or employee who has knowledge that a child between the ages of six (6) and seventeen (17), inclusive, has caused or attempted to cause physical harm to an official or employee of the Cleveland City School District or City of Cleveland while performing his or her official duties shall immediately notify the Chief of Police or his or her designee and request the assistance of the Division of Police. This division (e) shall not apply to any school official or employee who has personal knowledge that the notification required by this division (e) has already been given with respect to a particular assault. The notification required by this division (e) shall be separate from and in addition to any notification regarding prohibited weapons required to be given pursuant to Section 627.082. (f) Any person who violates division (b) or division (e) of this section is guilty of a misdemeanor of the first degree. (Ord. No. 864-05. Passed 7-13-05, eff. 7-20-05)

Codified Ordinances of Cleveland § 621.071 Menacing by Stalking

§ 621.071 Menacing by Stalking (a) No person by engaging in a pattern of conduct shall knowingly cause another to believe that the offender will cause physical harm to the other person or cause mental distress to the other person. (b) Whoever violates this section is guilty of menacing by stalking, a misdemeanor of the first degree. (c) RC 2919.27 applies in relation to a defendant charged with violation of this section. (d) As used in this section: (1) “Pattern of conduct” means two (2) or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of any authorized act within the public official’s firefighter’s, rescuer’s, emergency medical services person’s, or emergency facility person’s official capacity may constitute a “pattern of conduct.” (2) “Mental distress” means any mental illness or condition that involves some temporary substantial incapacity or mental illness or condition that would normally require psychiatric treatment. (3) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in RC 2133.21. (4) “Emergency facility person” is the singular of “emergency facility personnel” as defined in RC 2909.04. (5) “Public official” has the same meaning as in RC 2921.01. (e) This section shall not apply whenever the conduct prohibited by this section constitutes a felony under RC 2903.211. (RC 2903.211; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)

Codified Ordinances of Cleveland § 621.072 Exceptions to Aggravated Menacing and Menacing

§ 621.072 Exceptions to Aggravated Menacing and Menacing Sections 621.06 and 621.07 do not apply if the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s employee’s performance or anticipated performance of official responsibilities or duties or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties. (RC 2903.214; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-33256Fetched: 11/1/2026