OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 88 Bill Analysis
135th General Assembly
Click here for S.B. 88’s Fiscal Note
Version: As Introduced
Primary Sponsors: Sens. Smith and Cirino
Effective date:
Nicholas A. Keller, Attorney
SUMMARY
 Expands the offense of aggravated menacing to prohibit threatening a utility worker,
cable operator worker, or broadband worker with a deadly weapon with intent to
obstruct the operation of a utility, cable, or broadband service.
 Provides that a violation of the new prohibition is generally a first degree misdemeanor,
except that if the offender previously has been convicted of aggravated menacing, the
offense is a fifth degree felony.
DETAILED ANALYSIS
Aggravated menacing of a utility worker
The bill expands the offense of aggravated menacing to prohibit knowingly causing a
utility worker, cable operator worker, or broadband worker to believe that the offender will
cause serious physical harm to the worker or to property when all of the following conditions
apply:1
1. The offender knows or has reasonable cause to know the worker’s profession;
2. The worker is engaged in the performance of the worker’s duties;
3. The offender threatens the victim with a deadly weapon with intent to obstruct the
operation of a utility, cable, or broadband service.
Under current law, unchanged by the bill, a person is guilty of aggravated menacing if
the person knowingly causes another to believe that the offender will cause serious physical
harm to the other person’s person or property, the other person’s unborn, or a member of the
1 R.C. 2903.21(B).
April 25, 2023
 Office of Research and Drafting LSC Legislative Budget Office
other person’s immediate family. The other person’s fear of harm may be based on words or
conduct of the offender that are directed at or identify a corporation, association, or other
organization that employs the other person or to which the other person belongs.2
Penalties
The bill provides that aggravated menacing is generally a first degree misdemeanor, as
under current law, but if an offender previously has been convicted of or pleaded guilty to
aggravated menacing, a violation of the bill’s new prohibition is a fifth degree felony.3
Definitions
As used in the bill:4
 “Utility worker” means an employee, contractor, or agent of a person or entity whose
primary responsibility is the operation or maintenance of a “utility.”
 “Utility” means an enterprise that provides gas, electric, steam, water, sewage, storm
water, transportation, or communication services, whether publicly or privately owned.
 “Broadband worker” means an employee, contractor, or agent of a person or entity,
whether publicly or privately owned, that operates or maintains facilities that provide
broadband services.
 “Cable operator worker” means an employee, contractor, or agent of a cable operator,
whether publicly or privately owned.
HISTORY
Action Date
Introduced 03-21-23
ANSB0088IN-135/ts
2 R.C. 2903.21(A).
3 R.C. 2903.21(C)(1) and (3).
4 R.C. 2903.21(D) and R.C. 1332.21(C), not in the bill.
P a g e |2 S.B. 88
As Introduced