OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 544 Bill Analysis
135th General Assembly
Click here for H.B. 544’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. Carruthers
Effective date:
Shalanda R. Plowden, Research Analyst
SUMMARY
 Prohibits a person from entering or remaining on the land, premises, vehicle, aircraft, or
watercraft of another with purpose to cause another person to believe that the
offender will cause physical harm to the person.
 Creates the offense of unauthorized image projection on private property, which
prohibits a person from knowingly projecting an image onto a building, structure, or
other improvement without the consent of the owner or the person authorized to give
consent.
 Provides that for each day that a person commits the offense of unauthorized image
projection on private property, a court may impose a civil penalty depending on the
seriousness of the offense.
 Provides that any equipment used or intended to be used in the commission of
unauthorized image projection on private property is subject to seizure and forfeiture.
 Requires a court to grant injunctive and other equitable relief on a showing that a
person has committed or is about to commit the offense of unauthorized image
projection on private property.
 Makes disturbing a lawful meeting by reason of the race, color, religion, or national
origin of other persons a type of ethnic intimidation when the offender violates the law
with the intent to disturb the gathering of those persons meeting for religious worship.
 Adds a pedestrian bridge and highway overpass to the list of structures where a person
may not display unauthorized signs, signals, or markings that purport to be or resemble
traffic control devices or railroad signs or signals.
 Adds banners, flags, or other structures to the list of unauthorized items that a person
may not display on highways, pedestrian bridges, or highway overpasses that purport to
be or resemble traffic control devices or railroad signs or signals.
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 Prohibits the covering of traffic control devices and railroad signs or signals.
 Makes displaying prohibited banners, flags, or other structures a public nuisance.
 Prohibits a person from erecting, placing, positioning, maintaining, or displaying any
authorized sign, signal, device, banner, flag, or other structure in the right of way of any
public road or highway or upon a pedestrian bridge or highway overpass.
 Allows the Department of Transportation and any local jurisdiction to adopt rules and
policies governing the approval of any sign, device, banner, flag, or other structure that
is otherwise prohibited.
DETAILED ANALYSIS
Aggravated trespass
Prohibition
The bill modifies the offense of aggravated trespass by prohibiting a person from
entering or remaining on the land, premises, vehicle, aircraft, or watercraft of another with
purpose to cause physical harm to another person or cause another person to believe that the
offender will cause physical harm to that person.1 A violation of this prohibition is a first degree
misdemeanor.2
Definitions
The bill defines the following terms for the purposes of the offense of aggravated
trespass:3
“Aircraft” means any contrivance used or designed for navigation or flight in the air,
excepting a parachute or other contrivance for such navigation used primarily as safety
equipment.
“Vehicle” means everything on wheels or runners, including motorized bicycles, but
does not mean electric personal assistive mobility devices, low-speed micromobility devices,
vehicles that are operated exclusively on rails or tracks or from overhead electric trolley wires,
and vehicles that belong to any police department, municipal fire department, or volunteer fire
department, or that are used by such a department in the discharge of its functions.
“Watercraft” means any of the following when used or capable of being used for
transportation on the water:
1. A vessel operated by machinery either permanently or temporarily affixed;
1 R.C. 2911.211(A)(2).
2 R.C. 2911.211(B).
3 R.C. 2911.211(C)(1), (3), and (4), by reference to R.C. 4561.01, 4501.01, and 1546.01, not in the bill.
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2. A sailboat other than a sailboard;
3. An inflatable, manually propelled vessel that is required by federal law to have a hull
identification number meeting the requirements of the U.S. Coast Guard;
4. A canoe, kayak, pedalboat, or rowboat;
5. Any of the following multimodal craft being operated on waters in this state:
a. An amphibious vehicle;
b. A submersible;
c. An airboat or hovercraft.
6. A vessel that has been issued a certificate of documentation with a recreational
endorsement under 46 C.F.R. 67.
“Watercraft” does not include ferries as referred to in R.C. Chapter 4583.
Watercraft subject to R.C. 1547.54 are divided into five classes as follows:
Class A: Less than 16 feet in length;
Class 1: At least 16 feet, but less than 26 feet in length;
Class 2: At least 26 feet, but less than 40 feet in length;
Class 3: At least 40 feet, but less than 65 feet in length;
Class 4: At least 65 feet in length.
Unauthorized image projection on private property
The bill prohibits a person from knowingly projecting an image onto a building,
structure, or other improvement without the consent of the owner or person authorized to give
consent.4 Whoever violates this prohibition is guilty of unauthorized image projection on
private property, a first degree misdemeanor.5 If the offender knowingly selects a building,
structure, or other improvement with malicious intent to harass, threaten, or intimidate any
person or group associated with the building, structure, or other improvement based upon the
actual or perceived race, color, religion, ethnicity, ancestry, national origin, sex, sexual
orientation, gender identity or expression, or disability of any person or group, unauthorized
image projection on private property is a third degree felony.6 For each day a person commits
the offense of unauthorized image projection on private property that is a misdemeanor, the
court may impose a civil penalty of $1,000 or less.7 If a person commits the offense of
4 R.C. 2911.212(B).
5 R.C. 2911.212(C)(1).
6 R.C. 2911.212(C)(2).
7 R.C. 2911.212(D).
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unauthorized image projection on private property that is a felony, the court may impose a civil
penalty of $10,000 or less.8 Any equipment that is used or intended to be used in the
commission of unauthorized image projection on private property is subject to seizure and
forfeiture under the Forfeiture Law.9 The court must grant injunctive and other inequitable
relief on a showing that a person has committed or is to about to commit the offense of
unauthorized image projection on private property.10
“Image” means a visual representation or likeness of a person or object, including text,
graphics, logos, other artwork, or a combination of them.11
Ethnic intimidation
The bill makes committing the crime of disturbing a lawful meeting by reason of the
race, color, religion, or national origin of another person or group of persons a type of ethnic
intimidation when the offender violates the law with the intent to disturb the meeting of those
persons gathering for religious worship.12
Public nuisance
The bill modifies existing law to add a pedestrian bridge and highway overpass to the list
of structures where a person may not display unauthorized signs, signals, or markings on that
purports to be or resembles traffic control devices or railroad signs or signals.13 The bill also
modifies existing law to add banners, flags, or other structures to the list of unauthorized items
that a person may not display on highways, pedestrian bridges, or highway overpasses that
purport to be, is an imitation of, or resembles traffic control devices or railroad signs or signals,
or which attempts to direct the movement of traffic or hides from view or interferes with the
effectiveness of any traffic control device or any railroad sign or signal.14 Under the bill, every
such prohibited banner, flag, or other structure a public nuisance and the authority having
jurisdiction over the highway may remove it or cause it to be removed.15 A violation of this
prohibition is a minor misdemeanor. If within one year of the offense, the offender previously
has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, a
violation is a fourth degree misdemeanor. If, within one year of the offense, the offender
8 R.C. 2911.212(D).
9 R.C. 2911.212(E) and Chapter 2981, not in the bill.
10 R.C. 2911.212(F).
11 R.C. 2911.212(A).
12 R.C. 2927.12(A)(3) and (B) and 2917.12(B).
13 R.C. 4511.16(A).
14 R.C. 4511.16(A).
15 R.C. 4511.16(A).
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previously has been convicted of two or more predicate motor vehicle or traffic offenses, a
violation is a third degree misdemeanor.16
Covering a traffic control device
The bill also prohibits the covering of a traffic control device, a railroad sign or signal, or
any inscription, shield, or insignia on the device, sign, signal, or any part of the device, sign, or
signal.17 A violation of this prohibition is a third degree misdemeanor. If the violation creates a
risk of physical harm to any person, the offender is guilty of a first degree misdemeanor. If the
violation causes serious physical harm to property that is owned, leased, or controlled by a
state or local authority, the offender is guilty of a fifth degree felony.18
Placing unauthorized structures in the right of way
The bill prohibits a person from erecting, placing, positioning, hanging, maintaining, or
displaying any unauthorized sign, signal, device, banner, flag, or other structure in the right of
way of any public road or highway or upon a pedestrian bridge or highway overpass.19
A violation of this prohibition is a minor misdemeanor.20 The bill allows the Department of
Transportation and any local jurisdiction to adopt rules and policies governing the approval of
any sign, signal, device, banner, flag, or other structure otherwise prohibited.21
Technical changes
The bill also makes necessary cross reference and conforming changes.22
HISTORY
Action Date
Introduced 05-15-24
ANHB0544IN-135/ks
16 R.C. 4511.16(B).
17 R.C. 4511.17(A)(1).
18 R.C. 4511.17(B)(1).
19 R.C. 5589.34(A).
20 R.C. 5589.99(B).
21 R.C. 5589.34(B).
22 R.C. 2917.12 and 2923.04.
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Statutes affected:
As Introduced: 2911.211, 2917.12, 2923.04, 2927.12, 4511.16, 4511.17, 5589.99