OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 208 Bill Analysis
133rd General Assembly
Click here for H.B. 208’s Fiscal Note
Version: As Introduced
Primary Sponsor: Reps. Roemer and J. Miller
Effective Date:
Nicholas A. Keller, Attorney
SUMMARY
 Increases, to a fifth degree felony, the penalty for the offense of “assault” if the victim is
a sports official and the assault is committed during or immediately before or after an
event, or in retaliation for the official’s actions as a sports official.
DETAILED ANALYSIS
Fifth degree felony penalty for assault of a sports official
The bill increases, to a fifth degree felony, the penalty for the offense of “assault” when
the victim of the assault is a sports official and the assault relates in a specified manner to the
victim acting in that capacity. Specifically, the bill provides that assault is a fifth degree felony
(instead of the general penalty of a first degree misdemeanor) if either of the following
applies:1
1. The victim of the assault is a “sports official” and the assault occurs while the victim is
engaged in the victim’s official duties at a “sports event” or immediately before or after
the event.
2. The victim of the assault is a “sports official” and the assault is committed in retaliation
for an action taken by the victim while the victim was engaged in the victim’s official
duties at a “sports event.”
Definition of “sports official” and “sports event”
The bill specifies that, as used in its assault penalty provisions described above:2
1
R.C. 2903.13(C)(4)(e) and (f).
2
R.C. 2903.13(D)(21) and (22).
June 17, 2019
Office of Research and Drafting LSC Legislative Budget Office
“Sports official” means any person who is paid or volunteers to enforce the rules of a
sports event as a referee, umpire, linesperson, timer, scorekeeper, or in a similar capacity.
“Sports event” includes: (a) any interscholastic or intramural athletic event or athletic
activity at an elementary or secondary school, college, or university or in which such a school,
college, or university participates, (b) any organized athletic activity, including an organized
athletic activity sponsored by a community, business, or nonprofit organization, or (c) any
athletic activity that is a professional or semiprofessional event.
Elements of assault offense, and current penalties
The prohibitions under the existing offense of “assault,” unchanged by the bill, prohibit
a person from knowingly causing or attempting to cause physical harm to another or to
another’s unborn, or recklessly causing serious physical harm to another or to another’s
unborn.3
The offense generally is a first degree misdemeanor, but increased penalties, to a fourth
or fifth degree felony, are provided when the assault is committed: (1) by a caretaker against a
functionally impaired person under the caretaker’s care, (2) by an incarcerated person or
person in custody, in specified circumstances, (3) against a school teacher, administrator, or a
bus operator, in specified circumstances, (4) against a peace officer, BCII investigator,
firefighter, or person performing emergency medical services, in specified circumstances,
(5) against an officer or employee of a public children services agency or a private child placing
agency, in specified circumstances, (6) against a hospital health care professional, health care
worker, or security officer, in specified circumstances, or (7) against a judge, magistrate,
prosecutor, or court official or employee, in specified circumstances. When the offender also
was convicted of a specification charging that the victim was a woman whom the offender
knew was pregnant, a mandatory jail or prison term is required.4
HISTORY
Action Date
Introduced 04-18-19
H0208-I-133/ks
3
R.C. 2903.13(A) and (B).
4
R.C. 2903.13(C).
P a g e |2 S.B. 118
As Introduced


Statutes affected:
As Introduced: 2903.13