Ohio Party Laws
Disorderly Conduct
Occurs when one recklessly causes inconvenience, annoyance or alarm to another due to offensive conduct. Also can occur when one makes unreasonable noise in such a manner as to violate the peace and quiet of the neighborhood or to be detrimental to the life and health of any individual.
If you were to drink in a contracted chauffeured limousine, is Ohio law violated? Does it make a difference where you are sitting (e.g., next to a window, in the front seat)?
Ohio law is not violated if it is contracted chauffeured limousine service, given that the person is not occupying a seat in the front compartment where the operator is seated.
Fake ID (ORC 4301.636)
Possession or display of a fictitious operator's license is a first-degree misdemeanor. The offense includes mere possession of a fictitious license or display of someone else's valid operator's license. The maximum penalties for this offense are six months imprisonment or a $1,000 fine or both. Moreover, if the fictitious operator's license is utilized to purchase alcohol or enter an establishment that serves alcohol, the minimum fine must be at least $250 and the person displaying the fictitious operator's license may have his/her valid operator's license suspended for three years.
Regardless of conduct, how many folks are required before a "riot" is proclaimed?
Rioting is defined as five or more persons engaged in disorderly conduct.
What is the purpose in registering Kegs? (e.g., so that your friend's will know what to get you)
So that if minors are consuming, the keg can be traced to the purchaser and seller.
Penalty for public peace crimes
Students at public universities in Ohio who are found guilty of any of the above five crimes will lose all state-funded financial aid for two years. Those found guilty of rioting and aggravated rioting must be dismissed from their university and are not permitted to enroll in any state-supported institution of higher education for one year. All of the above are arrestable offenses and can be punished with jail time as well as fines. Aggravated rioting is a felony.
Underage consumption, purchasing or possession of alcohol (ORC 4301.69) (ORC 4301.63)
The legal drinking age in Ohio for consumption of an alcoholic beverage is 21. Purchasing, possessing or consuming alcohol prior to your 21st birthday is a first-degree misdemeanor. The maximum penalties associated with this offense are six months imprisonment or a $1,000 fine or both. A 20-year-old student, therefore, risks being imprisoned and fined when he/she decides to drink alcohol at a party or elsewhere.
Where underage persons are caught consuming alcohol, the court may order that they be placed in a "diversion" program. What does this mean?
The purpose of the diversion program is to assist juveniles and their families by providing alternatives to court referral. It allows for the prevention and early intervention of issues that lead to unruly and delinquent behavior.
Can you drink in your parked car when parked on the street? How about while sitting on top of the car while parked on the street?
This is not permitted and is a violation of Ohio law.
You can get party guests to help pay for alcohol by charging a fee at the door (no payment, no admittance). Is this statement true?
This statement is true, although (assuming there is no liquor license) it is illegal sell alcohol (charge admission).
Public nudity laws apply when movie stars (and college students) have a wardrobe malfunction and reveal a "private" part. Is this statement true?
True (if the malfunction was determined to be reckless or offensive to those viewing).
A minor child will need to provide notification to her parents that she has elected to have an abortion and in some states acquire consent from both parents if they share custody. Is this statement true?
True.
It is illegal to buy, sell, or provide alcohol to underage persons. The age of 21 is used to determine underage in all 50 states. Is this true?
True.
Are there advantages or disadvantages to urine testing?
Urine testing is the least accurate method of measuring BAC. This method measures the person's condition 1-2 hours earlier as it takes that long for alcohol to metabolize and be detectible in the urine. Accordingly, the person might register as legally "drunk" at the time of the test, but might not have been "drunk" at the time of the incident.
Failure to Disperse
When a police officer orders persons to leave public property.
In Ohio, is there a difference between "underage" and being a "minor"?
Yes, being "underage" means one does not meet the legal drinking age but could be a legal adult (age of 18). Being a minor means that one is not a legal adult (under the age of 18).
Do any states distinguish between witting and unwitting exposure of another to an STD?
Yes, some states do distinguish.
Is leaving party litter (including hundreds of beer cans) in the front yard, on the tree lawn, in the street, and on neighbors' yards a violation of Ohio litter law?
Yes.
Know the four commonly used date rape drugs. Which one is used most often?
o The most commonly used date-rape drug is alcohol o Rohypnol (aka Flunitrazepam, Roofies, Roaches) is a white tablet that generally costs less than $5 and dissolves easily in liquids; it is odorless and colorless. It affects motor skills and judgment, often lowers sexual and social inhibitions, and causes partial or total amnesia. o GHB (aka Gamma-hydroxybutyrate, Liquid Ecstasy, Vita-G, G-Juice) is clear, odorless, and colorless. It acts as a depressant to the central nervous system. With low doses the person will appear drunk, with high doses the person will lose consciousness, have respiratory failure, or become comatose. o Ketamine (aka Special K, Vitamin K) can be in liquid, pill, or powder form. It is used to tranquilize animals. It results in dissociation, amnesia, hallucinations, and unconsciousness.
Ohio law prohibits:
• Persons under 21 years old from consuming, purchasing, or possessing alcoholic beverages (ORC 4301.69) (ORC 4301.63) • Giving or selling alcoholic beverages to persons under 21 years old (ORC 4301.69) • Having an open container of alcoholic beverage in a public place, regardless of your age. Public places are those which anyone can enter freely and include sidewalks, streets, tree lawns, some outdoor areas of apartment complexes, and inside parked or moving cars. (ORC 4301.62) • Using false identification to obtain alcoholic beverages (ORC 4301.636) • Allowing underage persons to consume alcoholic beverages on your property • Punishment for these first-degree misdemeanors can be up to six months in jail and/or a fine of up to $1,000.
What is the legal limit for blood/alcohol content?
.08
At what age range may a person consent to engage in sex (according to the various state laws—see Table)?
16-18. 16 in Ohio.
Legal Drinking Age in Ohio
21
What is Judicial Bypass?
A court can approve an abortion without any notification being provided to the parents. In Ohio, juvenile court judges are given this authority.
Providing alcohol to an underage person (ORC 4301.69)
A person who furnishes alcohol to an underage person is guilty of a first-degree misdemeanor. The maximum penalty associated with this offense is six months imprisonment or $1,000 fine or both. A social host, therefore, risks being fined and imprisoned when he/she furnishes alcohol to a person who is not 21 years of age. Keep in mind that the bigger your party is, the more people there that you don't know, the greater the chance of getting caught and/or charged.
Be able to distinguish among the different types of breathalyzers.
Breathalyzers which rely on a chemical reaction; Fuel Cell Detectors which estimate alcohol based on the ability of the sample to carry a current; and Intoxilyzers which use an infrared spectroscope to measure the reaction of the sample to light.
Disorderly Conduct (ORC 2917.11)
Disorderly conduct while intoxicated is a minor misdemeanor and carries a maximum penalty of a $150 fine. Disorderly conduct can be elevated to a fourth degree misdemeanor (for example, if the person persists after a request to desist). Disorderly conduct occurs when one recklessly causes inconvenience, annoyance or alarm to another due to offensive conduct. Disorderly conduct also occurs when one makes unreasonable noise in such a manner as to violate the peace and quiet of the neighborhood or to be detrimental to the life and health of any individual.
Sex with someone other than your wife or husband is adultery (a violations within many religions), but not illegal in any state. Is this statement true?
False; 26 states have laws in regards to adultery.
Abortion, with some limitations on "when", is legal in all 50 states.
False; abortion is legal in the United States (it has been declared an implied fundamental right under the Constitution by the United States Supreme Court).
Sex between unmarried persons is legal. Is this statement true in all states?
False; it is prohibited in 17 states.
Unless there is something relevant to see, laws dealing with voyeurism will not apply; the best police can do is file a trespassing charge, assuming that the violator is on another's property.
False; related laws make it illegal to "window peep" regardless whether the viewer sees anything interesting.
It is illegal to make, sell, or use a fake ID. It is not illegal to own one, carry one, or show one to your friends as long as you never use it. Is this statement true in Ohio and most other states?
False; the mere possession of fake ID is a first-degree misdemeanor.
Numerous states have laws prohibiting access to contraception devices/pills/etc. to underage persons (including college and K-12 students), or at least require parental notification. Is this statement true?
False; there are no laws limiting a minor's access to contraception; there are no laws that require parental notification; and there are no laws making it illegal for a physician to prescribe a form of contraception.
Prior to having an abortion, the mother must provide notice to the father and in some states acquire consent. Is this statement true?
False; there is no legal requirement to inform the father of the fetus of an intended abortion and the father has no say as to whether the child will be aborted.
Is the age difference between sex partners considered where consent is provided?
Federal law prohibits a person from having sex with someone under age 16, and at least four years younger than the offender. Four states set the age of consent at 18, but also consider the age of the second party. Accordingly, it is possible for college students to be "underage" for consent purposes and to have engaged in sexual activity with an older adult, thus violating the law.
Rioting
Five or more persons engaged in disorderly conduct
Misconduct at an Emergency
Hampering police officers, firefighters, emergency medical personnel, and other public officials while they are doing their jobs.
Operating a Vehicle Under the Influence of Alcohol or Drugs (OVI) (ORC 4511.19)
In Ohio, a person may not operate a motor vehicle if he/she is impaired by alcohol and/or drugs. The maximum penalty for operating a vehicle while under the influence is six months imprisonment (mandatory at least three days in jail) or a $1,000 fine (a mandatory minimum fine of $250) or both. Additionally, the operator must forfeit his/her driving privileges for six months. Driving under the influence is treated very seriously at Ohio State. Driving under the influence not only risks the safety of the driver, but it also risks the safety of the OSU community. Students charged with a DUI may result in a suspension.
When does rioting become aggravated rioting?
It is considered "aggravated" if violence is involved.
Open Container (ORC 4301.62)
It is illegal to possess in public an open container of an alcoholic beverage. Conviction of this offense carries a maximum penalty of a $150 fine. Consumption of alcohol in a motor vehicle is a fourth-degree misdemeanor with maximum penalties of 30 days imprisonment or a $250 fine or both
Can students (or anyone else) drink alcohol in the front yard, in the driveway, on the sidewalk, on the tree lawns, and in the street? If not, where is the line drawn?
It is recommended that students drink inside the house or in a back (or fenced in) yard. Drinking in the front yard, on tree laws, near the sidewalk or street may result in an open container violation.
If not, how can you get help in paying for the alcohol?
It is recommended to have a voluntary donation basket that attendees can place money in. The other option would be to collect money from attendees once inside have someone (of age) make a beer run.
Offenses against the Public Peace (Section 2917 of the Ohio Revised Code) Several crimes associated with out-of-control parties fall under Section 2917, including:
• Rioting and Aggravated Rioting. Rioting is defined as five or more persons engaged in disorderly conduct. It is considered "aggravated" if violence is involved. You risk being charged with rioting if you are part of a crowd at a riot situation. • Failure to disperse When police order persons to leave public property, they must do so. When an order to disperse (also called "reading the riot act") is given, you should immediately begin walking out of the area or go inside a building and shut the door. Before 2004, police could only cite (give a ticket to), not arrest, someone who failed to obey an order to disperse. A recent revision in the law makes a failure to disperse in situations such as campus area riots an offense for which you can be arrested and jailed. • Misconduct at an emergency. This means hampering police officers, firefighters, emergency medical personnel, and other public officials while they are doing their jobs. You must obey all lawful orders given by such persons at an emergency site.
