OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 122 Bill Analysis
135th General Assembly
Click here for H.B. 122’s Fiscal Note
Version: As Passed by the House
Primary Sponsors: Reps. Pavliga and A. Miller
Effective date:
Nicholas A. Keller, Attorney
SUMMARY
Expands the offenses of intimidation and intimidation in a criminal case in the following
ways:
Adds a guardian ad litem and a court appointed special advocate to the list of
protected victim classes covered by the offenses.
Provides that an attorney, a witness, a guardian ad litem, or a court appointed
special advocate is protected under the bill only if the offender knew or had reason
to know that the person was an attorney, a witness, a guardian ad litem, or a court
appointed special advocate.
Includes intimidation by way of abuse, threats, or harassment against any of the
protected victim classes.
Makes intimidation or intimidation in a criminal case a first degree misdemeanor when
the victim of the offense is a guardian ad litem or court appointed special advocate and
retains the third degree felony penalty for intimidation of persons protected by existing
law.
Designates May 1 as Court-Appointed Special Advocates Appreciation Day.
DETAILED ANALYSIS
Intimidation
The bill expands the offense of “intimidation.” Under current law, the offense of
“intimidation” prohibits a person, knowingly and by force, by unlawful threat of harm to any
person or property, or by filing, recording, or otherwise using a materially false or fraudulent
writing with malicious purpose, in bad faith, or in a wanton or reckless manner, from
attempting to influence, intimidate, or hinder a public servant, a party official, or an attorney or
August 15, 2023
Office of Research and Drafting LSC Legislative Budget Office
a witness involved in a civil action or proceeding in the discharge of the person’s the duties of
the public servant, party official, attorney, or witness.1
The bill modifies the offense in three ways. First, the bill adds guardians ad litem and
court appointed special advocates to the list of protected victim classes covered by the offense.
Second, the bill provides that an attorney, a witness, a guardian ad litem, or a court appointed
special advocate is protected under the bill only if the offender knew or had reason to know
that the person was an attorney, a witness, a guardian ad litem, or a court appointed special
advocate. Third, the bill expands the offense to include abuse, threats, and harassment against
any of the protected victim classes. Under the bill, the offense of “intimidation” prohibits a
person, knowingly and by force, by unlawful threat of harm to any person or property, or by
filing, recording, or otherwise using a materially false or fraudulent writing with malicious
purpose, in bad faith, or in a wanton or reckless manner, from attempting to influence,
intimidate, hinder, abuse, threaten, or harass any of the following in the discharge of the
person’s duties:2
1. A public servant;
2. A party official;
3. An attorney, a witness, a guardian ad litem, or a court appointed special advocate
involved in a civil action or proceeding, including a domestic relations or juvenile action
or proceeding, if the offender knew or had reason to know that the person was an
attorney, a witness, a guardian ad litem, or a court appointed special advocate.
Under the bill, if the victim of the offense is a guardian ad litem or court appointed
special advocate, a violation of the offense is a first degree misdemeanor. Under current law, if
the victim of the offense is a public servant, party official, or attorney, or witness, a violation of
the offense is a third degree felony.3
Intimidation in a criminal case
The bill expands the offense of “intimidation of an attorney, victim, or witness in a
criminal case.” Under current law, the offense of “intimidation of an attorney, victim, or witness
in a criminal case” prohibits a person from doing either of the following: (1) knowingly
attempting to intimidate or hinder the victim of a crime or delinquent act in the filing or
prosecution of criminal charges or a delinquent child action or proceeding, and knowingly
attempting to intimidate a witness to a criminal or delinquent act by reason of the person being
a witness to that act or (2) knowingly and by force or by unlawful threat of harm to person or
property or by unlawful threat to commit any offense or calumny against any person, from
attempting to influence, intimidate, or hinder any of the following persons: (a) the victim of a
1 R.C. 2921.03(A).
2 R.C. 2921.03(A).
3 R.C. 2921.03(B).
P a g e |2 H.B. 122
As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
crime or delinquent act in the filing or prosecution of criminal charges or a delinquent child
action or proceeding, (b) a witness to a criminal or delinquent act by reason of the person being
a witness to that act, (c) an attorney, by reason of the attorney’s involvement in any criminal or
delinquent child action or proceeding.4
The bill similarly modifies the offense in three ways. First, the bill adds guardians ad
litem and court appointed special advocates to the list of protected victim classes covered by
the offense. Second, the bill provides that an attorney, a witness, a guardian ad litem, or a court
appointed special advocate is protected under the bill only if the offender knew or had reason
to know that the person was an attorney, a witness, a guardian ad litem, or a court appointed
special advocate. Third, the bill expands the offense to include abuse, threats, and harassment
against any of the protected victim classes. Under the bill, the offense of “intimidation of a
guardian ad litem, court appointed special advocate, private victim advocate, attorney, victim,
or witness in a criminal case” prohibits a person from doing either of the following:5
1. Knowingly attempting to intimidate, hinder, abuse, threaten or harass the victim of a
crime or delinquent act in the filing or prosecution of criminal charges or a delinquent
child action or proceeding, and from knowingly attempting to intimidate, abuse,
threaten or harass a witness to a criminal or delinquent act by reason of the person
being a witness to that act if the offender knew or had reason to know that the person
was a witness.
2. Knowingly and by force or by unlawful threat of harm to person or property or by
unlawful threat to commit any offense or calumny against any person, from attempting
to influence, intimidate, hinder, abuse, threaten, or harass any of the following persons:
(a) the victim of a crime or delinquent act in the filing or prosecution of criminal charges
or a delinquent child action or proceeding, (b) a witness to a criminal or delinquent act
by reason of the person being a witness to that act if the offender knew or had reason
to know that the person was a witness, (c) an attorney, a guardian ad litem, or a court
appointed special advocate by reason of the person’s involvement in any criminal or
delinquent child action or proceeding if the person knew or had reason to know that the
person was an attorney, a guardian ad litem, or a court appointed special advocate.
Under continuing law, a violation of (1) above is a first degree misdemeanor. Under the
bill, if the victim of the offense is a guardian ad litem or court appointed special advocate, a
violation of (2) above is a first degree misdemeanor. Under current law, if the victim of the
offense is a public servant, party official, attorney, or witness, a violation of (2) above is a third
degree felony.6
4 R.C. 2921.04(A) and (B).
5 R.C. 2921.04(A) and (B).
6 R.C. 2921.04(D).
P a g e |3 H.B. 122
As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
Court-Appointed Special Advocates Appreciation Day
Designation Court-Appointed Special Advocates Appreciation Day7
Date May 1
HISTORY
Action Date
Introduced 03-21-23
Reported, H. Criminal Justice 06-14-23
Passed House (64-28) 06-21-23
ANHB0122PH-135/ts
7 R.C. 5.54.
P a g e |4 H.B. 122
As Passed by the House