Menacing

Criminal Defense

What Is Menacing In Ohio?

MENACING IS the making of threats to another and causing the other person to believe that the threats are real. The degree of the charge and the penalties vary based on the type of threat made.

For instance, making threats is deemed menacing, but making threats of severe bodily injury is deemed aggravated menacing. Ohio also has a menacing by stalking offense. If the threat is made to a family member, many people charged with menacing are also charged with domestic violence.

THE ELEMENTS OF MENACING are in the Ohio Revised Code Section 2903.22 contains the Menacing statute. In order to commit Menacing under this law, a person must:

  1. Knowingly cause another to believe;
  2. That he/she will cause physical harm to the property or body of;
  3. That person, the person’s unborn child, or member of that person’s family.
  4. The belief can be based on actions or words.

THE ELEMENTS OF AGGRAVATED MENACING are in the Ohio Revised Code Section 2903.21 contains the Aggravated Menacing statute. In order to commit Aggravated Menacing under this law, a person must:

  1. Knowingly cause another to believe;
  2. That he/she will cause SERIOUS physical harm to the property or body of;
  3. That person, the person’s unborn child, or member of that person’s family.
  4. The belief can be based on actions or words.

THE ELEMENTS OF MENACING BY STALKING are in the Ohio Revised Code Section 2903.211 contains the Menacing By Stalking statute. In order to commit Menacing By Stalking under this law, a person must:

  1. Knowingly cause another to believe;
  2. Through a pattern of conduct;
  3. That he/she will cause physical harm or mental distress to the body of another person;
  4. The belief can be based on actions or words.

*Ohio has a provision in this code section that criminalized the use of electronic media/computers to conduct this behavior, or the use of sexual motivation to engage in this behavior.

**It is considered Felonious Menacing By Stalking if the offender: has a prior Menacing By Stalking conviction; threatens physical harm to the victim; trespasses; victimizes a minor; has a history of violence towards the victim; possesses a deadly weapon; violates a protection order; or actually causes harm to the victim.

Penalties For Committing A Menacing Related Offense

Classification Max Jail Term Fine
Menacing
4th Degree Misdemeanor
30 Days $250
Aggravated Menacing
1st Degree Misdemeanor
6 Months $1,000
Menacing By Stalking
1st Degree Misdemeanor
6 Months $1,000
Felony Menacing By Stalking
4th Degree Felony
6-18 Months $5,000

*With Menacing, Aggravated Menacing, or Menacing By Stalking, if the victim is an employee of a public children services agency or a private child placing agency the degree of the offense and the penalties will be enhanced.