Ohio Code § 2921.38

Ohio Code § 2921.38. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 2921.38.

(A) No person who is confined in a detention facility, with intent to harass, annoy,

threaten, or alarm another person, shall cause or attempt to cause the other person

to come into contact with blood, semen, urine, feces, or another bodily substance

by throwing the bodily substance at the other person, by expelling the bodily substance

upon the other person, or in any other manner. (B) No person, with intent to harass, annoy, threaten, or alarm a law enforcement officer,

shall cause or attempt to cause the law enforcement officer to come into contact with

blood, semen, urine, feces, or another bodily substance by throwing the bodily substance

at the law enforcement officer, by expelling the bodily substance upon the law enforcement

officer, or in any other manner. (C) No person, with knowledge that the person is a carrier of the virus that causes acquired

immunodeficiency syndrome, is a carrier of a hepatitis virus, or is infected with

tuberculosis and with intent to harass, annoy, threaten, or alarm another person,

shall cause or attempt to cause the other person to come into contact with blood,

semen, urine, feces, or another bodily substance by throwing the bodily substance

at the other person, by expelling the bodily substance upon the other person, or in

any other manner. (D) Whoever violates this section is guilty of harassment with a bodily substance.  A violation of division (A) or (B) of this section is a felony of the fifth degree.  A violation of division (C) of this section is a felony of the third degree. (E)(1) The court, on request of the prosecutor, or the law enforcement authority responsible

for the investigation of the violation, shall cause a person who allegedly has committed

a violation of this section to submit to one or more appropriate tests to determine

if the person is a carrier of the virus that causes acquired immunodeficiency syndrome,

is a carrier of a hepatitis virus, or is infected with tuberculosis. (2) The court shall charge the offender with the costs of the test or tests ordered under

division (E)(1) of this section unless the court determines that the accused is unable

to pay, in which case the costs shall be charged to the entity that operates the detention

facility in which the alleged offense occurred. (F) This section does not apply to a person who is hospitalized, institutionalized, or

confined in a facility operated by the department of mental health and addiction services

or the department of developmental disabilities.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 2921.38
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

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Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

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What subject does Ohio Revised Code § 2921.38 address?

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Is Ohio Revised Code § 2921.38 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

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