(A) No caretaker shall knowingly fail to provide a person with a functional impairment under the caretaker's care with any treatment, care, goods, or service that is necessary to maintain the health or safety of the person with a functional impairment when this failure results in physical harm or serious physical harm to the person with a functional impairment.
(B) No caretaker shall recklessly fail to provide a person with a functional impairment under the caretaker's care with any treatment, care, goods, or service that is necessary to maintain the health or safety of the person with a functional impairment when this failure results in serious physical harm to the person with a functional impairment.
(C)(1) Whoever violates division (A) of this section is guilty of knowingly failing to provide for a person with a functional impairment, a misdemeanor of the first degree. If the person with a functional impairment under the offender's care suffers serious physical harm as a result of the violation of this section, a violation of division (A) of this section is a felony of the fourth degree.
(2) Whoever violates division (B) of this section is guilty of recklessly failing to provide for a person with a functional impairment, a misdemeanor of the second degree. If the person with a functional impairment under the offender's care suffers serious physical harm as a result of the violation of this section, a violation of division (B) of this section is a felony of the fourth degree.
Last updated March 10, 2023 at 11:16 AM
Notes of Decisions
Cited in 26
cases (8 in the last 5 years), 2000–2026 · leading case: State v. Costell, 2016-Ohio-3386.
State v. Costell, 2016-Ohio-3386. · cites it 2ד02(A), an unclassified felony; Count Two of failing to provide for a functionally impaired person in violation of R.C. 2903.16(A), (C)(1), a fourth-degree felony; Count Three of domestic violence in violation of R.”
State v. Mooty, 2014-Ohio-733, 9 N.E.3d 443. “421(A)(1)(a) and the charge of knowingly failing to provide for a functionally impaired 16 person in violation of R.C. 2903.16(A) are allied offenses. State v.”
In re A.H., 2019-Ohio-4063. · cites it 2ד22 or under section 2903.16, 2903.21, 2903.34, 2905.01, 2905.”
State v. Vogt, 2018-Ohio-4457. “17CA17 55 {¶115} In Hipshire, the underlying felony offense for which Hipshire was indicted was a violation of R.C. 2903.16(A), failing to provide for a functionally impaired person, which required proof of the mental state of “knowingly.”
State v. Costell, 2021-Ohio-4363. “01(A); one count of failing to provide for a functionally impaired person in violation of R.C. 2903.16(A); one count of domestic violence in violation of R.”
State v. Bey, 2019-Ohio-1884. “04(A) and (B); failing to provide for a functionally impaired person (renumbered Count 5), in violation of R.C. 2903.16(A); domestic violence (renumbered Count 7), in violation of R.”
State v. Hipshire, 2011-Ohio-3863. “In the case before us, the underlying felony offense for which Hipshire was indicted is a violation of R.C. 2903.16(A), which states that: {¶ 29} “No caretaker shall knowingly fail to provide a functionally impaired person under the caretaker’s care with any treatment, care,…”
State v. Kilby, 2013-Ohio-5340. · cites it 7דWe also note that R.C. 2903.16 does not identify a predicate offense, and we conclude that the trial court erred in determining that Kilby’s failure to report child abuse and neglect “resulted in and formed the predicate offense,” of her failure to provide for a functionally…”
State v. Goins, 2022-Ohio-985, 187 N.E.3d 42. “34(A)(2), a first-degree misdemeanor, failing to provide for a functionally impaired person in violation of R.C. 2903.16(B), a second-degree misdemeanor, and patient neglect in violation of R.”
In re C.H., 2016-Ohio-5202. · cites it 2ד22 or under section 2903.16, 2903.21, 2903.34, 2905.01, 2905.”
In re V.J., 2016-Ohio-5896. · cites it 2ד22 or under section 2903.16, 2903.21, 2903.34, 2905.01, 2905.”
In the Matter of Nicholas H., 738 N.E.2d 896 (Ohio Ct. App. 6th Dist. 2000). · cites it 2ד22 or under section 2903.16, 2903.21, 2903.34, 2905.01, 2905.”
State v. Costell, 2016-Ohio-3386. “02(A), an unclassified felony; Count Two of failing to provide for a functionally impaired person in violation of R.C. 2903.16(A), (C)(1), a fourth-degree felony; Count Three of domestic violence in violation of R.”
State v. Mooty, 2014-Ohio-733, 9 N.E.3d 443. “421(A)(1)(a) and the charge of knowingly failing to provide for a functionally impaired 16 person in violation of R.C. 2903.16(A) are allied offenses. State v.”
State v. Vogt, 2018-Ohio-4457. “17CA17 55 {¶115} In Hipshire, the underlying felony offense for which Hipshire was indicted was a violation of R.C. 2903.16(A), failing to provide for a functionally impaired person, which required proof of the mental state of “knowingly.”
State v. Costell, 2021-Ohio-4363. “01(A); one count of failing to provide for a functionally impaired person in violation of R.C. 2903.16(A); one count of domestic violence in violation of R.”
State v. Bey, 2019-Ohio-1884. “04(A) and (B); failing to provide for a functionally impaired person (renumbered Count 5), in violation of R.C. 2903.16(A); domestic violence (renumbered Count 7), in violation of R.”
State v. Goins, 2022-Ohio-985, 187 N.E.3d 42. “34(A)(2), a first-degree misdemeanor, failing to provide for a functionally impaired person in violation of R.C. 2903.16(B), a second-degree misdemeanor, and patient neglect in violation of R.”
State v. Kilby, 2013-Ohio-5340. “We also note that R.C. 2903.16 does not identify a predicate offense, and we conclude that the trial court erred in determining that Kilby’s failure to report child abuse and neglect “resulted in and formed the predicate offense,” of her failure to provide for a functionally…”
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