Ohio Rev. Code » Chapter 2921
Ohio Revised Code

Ohio Rev. Code § 2921.04 (2026)

Intimidation of attorney, victim or witness in criminal case or delinquent child action proceeding

✓ current as of May 2026
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Effective:
June 4, 2012
Latest Legislation:
House Bill 20 - 129th General Assembly
PDF:
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(A) No person shall knowingly attempt 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 no person shall knowingly attempt to intimidate a witness to a criminal or delinquent act by reason of the person being a witness to that act.

(B) No person, knowingly and by force or by unlawful threat of harm to any person or property or by unlawful threat to commit any offense or calumny against any person, shall attempt to influence, intimidate, or hinder any of the following persons:

(1) The victim of a crime or delinquent act in the filing or prosecution of criminal charges or a delinquent child action or proceeding;

(2) A witness to a criminal or delinquent act by reason of the person being a witness to that act;

(3) An attorney by reason of the attorney's involvement in any criminal or delinquent child action or proceeding.

(C) Division (A) of this section does not apply to any person who is attempting to resolve a dispute pertaining to the alleged commission of a criminal offense, either prior to or subsequent to the filing of a complaint, indictment, or information, by participating in the arbitration, mediation, compromise, settlement, or conciliation of that dispute pursuant to an authorization for arbitration, mediation, compromise, settlement, or conciliation of a dispute of that nature that is conferred by any of the following:

(1) A section of the Revised Code;

(2) The Rules of Criminal Procedure, the Rules of Superintendence for Municipal Courts and County Courts, the Rules of Superintendence for Courts of Common Pleas, or another rule adopted by the supreme court in accordance with section 5 of Article IV, Ohio Constitution;

(3) A local rule of court, including, but not limited to, a local rule of court that relates to alternative dispute resolution or other case management programs and that authorizes the referral of disputes pertaining to the alleged commission of certain types of criminal offenses to appropriate and available arbitration, mediation, compromise, settlement, or other conciliation programs;

(4) The order of a judge of a municipal court, county court, or court of common pleas.

(D) Whoever violates this section is guilty of intimidation of an attorney, victim, or witness in a criminal case. A violation of division (A) of this section is a misdemeanor of the first degree. A violation of division (B) of this section is a felony of the third degree.

(E) As used in this section, "witness" means any person who has or claims to have knowledge concerning a fact or facts concerning a criminal or delinquent act, whether or not criminal or delinquent child charges are actually filed.
Notes of Decisions
Cited in 275 cases (84 in the last 5 years), 1989–2026 · leading case: State v. Osie (Slip Opinion), 2014 Ohio 2966 (Ohio 2014).
Sort: Relevance Newest Treatment
State v. Osie (Slip Opinion), 2014 Ohio 2966 (Ohio 2014). · cites it 19× “{¶ 195} We cannot agree with Osie that Malone has any application to this case. Former R.”
State v. Cress, 858 N.E.2d 341 (Ohio 2006). · cites it 26× “{¶ 32} R.C. 2921.04 provides: {¶ 33} “(A) No person shall knowingly attempt to intimidate or hinder the victim of a crime in the filing or prosecution of criminal charges or a witness involved in a criminal action or proceeding in the discharge of the duties of the witness.”
State v. Davis, 2012 Ohio 1654 (Ohio 2012). · cites it 51× “) Appeal from the Court of Appeals for Montgomery County, No.”
State v. Dahms, 2017 Ohio 4221 (Ohio Ct. App. 2017). · cites it 14× “{¶70} The criminal offense of intimidation of a witness in a criminal case is codified in R.C. 2921.04, which provides, in relevant part: No person, knowingly and by force or by unlawful threat of harm to any person * * * or by unlawful threat to commit any offense or calumny…”
State v. Sanders, 2016 Ohio 7204 (Ohio Ct. App. 2016). · cites it 14× “Sessler {¶65} In 2008, the Court applied Pelfrey in the context of the same statute at issue here: intimidation of a victim or witness, R.C. 2921.04. In State v. Sessler, the defendant was convicted of two counts of intimidation in violation of R.”
State v. Malone, 903 N.E.2d 614 (Ohio 2009). · cites it 17× “{¶ 15} R.C. 2921.04 does not define the term “criminal action or proceeding,” but that phrase is used throughout the Ohio Revised Code and commonly indicates the involvement of a court.”
State v. Birt, 2013 Ohio 1379 (Ohio Ct. App. 2013). · cites it 9× “We note that effective June 4, 2012, the General Assembly amended R.C. 2921.04 such that the offense now also includes attempts to intimidate a witness regardless of whether an action or proceeding is pending.”
In re M.W., 2012 Ohio 4538 (Ohio 2012). · cites it 12× “Just as it amended R.C. 2921.04 to define “witness” to mean a person with knowledge of facts “whether or not criminal or delinquent child charges are actually filed,” the General Assembly 10 January Term, 2012 may define the term “proceedings” to include a statutory right to…”
State v. Wells, 2021 Ohio 2585 (Ohio Ct. App. 2021). · cites it 5× “As stated, R.C. 2921.04(B) requires only an “attempt to influence, intimidate, or hinder,” and it is not required that the victim actually feel intimidated.”
State v. McKelton (Slip Opinion), 2016 Ohio 5735 (Ohio 2016). · cites it 2× “12(A)(1); and intimidating a witness in a criminal case, R.C. 2921.04(B). The state, with leave of court, dismissed the aggravated-robbery charge before trial.”
State v. Fairbanks, 876 N.E.2d 1293 (Ohio Ct. App. 2007). · cites it 10× “{¶ 2} Appellant was charged with two counts of R.C. 2921.04, “Intimidation,” after he was accused of brandishing a gun as he warned two individuals not to implicate him in the police investigation of a check-writing scheme.”
State v. Burks, 2018 Ohio 4777 (Ohio Ct. App. 2018). · cites it 4× “As will be discussed below in the analysis of appellant’s fourth assignment of error, posting a video of such obscene material constitutes a violation of R.”
Show all 275 citing cases →
— Ohio Rev. Code § 2921.04(A) — 39 cases
State v. Cress, 858 N.E.2d 341 (Ohio 2006). “{¶ 32} R.C. 2921.04 provides: {¶ 33} “(A) No person shall knowingly attempt to intimidate or hinder the victim of a crime in the filing or prosecution of criminal charges or a witness involved in a criminal action or proceeding in the discharge of the duties of the witness.”
State v. Sanders, 2016 Ohio 7204 (Ohio Ct. App. 2016). “Sessler {¶65} In 2008, the Court applied Pelfrey in the context of the same statute at issue here: intimidation of a victim or witness, R.C. 2921.04. In State v. Sessler, the defendant was convicted of two counts of intimidation in violation of R.”
State v. Haller, 2012 Ohio 5233 (Ohio Ct. App. 2012).
State v. Camilo, 2023 Ohio 3067 (Ohio Ct. App. 2023).
State v. Davis, 2012 Ohio 1654 (Ohio 2012). “) Appeal from the Court of Appeals for Montgomery County, No.”
— Ohio Rev. Code § 2921.04(B) — 113 cases
State v. Osie (Slip Opinion), 2014 Ohio 2966 (Ohio 2014). “{¶ 195} We cannot agree with Osie that Malone has any application to this case. Former R.”
State v. Davis, 2012 Ohio 1654 (Ohio 2012). “) Appeal from the Court of Appeals for Montgomery County, No.”
State v. Cress, 858 N.E.2d 341 (Ohio 2006). “{¶ 32} R.C. 2921.04 provides: {¶ 33} “(A) No person shall knowingly attempt to intimidate or hinder the victim of a crime in the filing or prosecution of criminal charges or a witness involved in a criminal action or proceeding in the discharge of the duties of the witness.”
State v. Malone, 903 N.E.2d 614 (Ohio 2009). “{¶ 15} R.C. 2921.04 does not define the term “criminal action or proceeding,” but that phrase is used throughout the Ohio Revised Code and commonly indicates the involvement of a court.”
State v. McKelton (Slip Opinion), 2016 Ohio 5735 (Ohio 2016). “12(A)(1); and intimidating a witness in a criminal case, R.C. 2921.04(B). The state, with leave of court, dismissed the aggravated-robbery charge before trial.”
— Ohio Rev. Code § 2921.04(B)(1) — 62 cases
State v. Wells, 2021 Ohio 2585 (Ohio Ct. App. 2021). “As stated, R.C. 2921.04(B) requires only an “attempt to influence, intimidate, or hinder,” and it is not required that the victim actually feel intimidated.”
State v. Sanders, 2016 Ohio 7204 (Ohio Ct. App. 2016). “Sessler {¶65} In 2008, the Court applied Pelfrey in the context of the same statute at issue here: intimidation of a victim or witness, R.C. 2921.04. In State v. Sessler, the defendant was convicted of two counts of intimidation in violation of R.”
State v. Cook, 2020 Ohio 3411 (Ohio Ct. App. 2020).
State v. Elliott, 2022 Ohio 3778 (Ohio Ct. App. 2022).
State v. Osie (Slip Opinion), 2014 Ohio 2966 (Ohio 2014). “{¶ 195} We cannot agree with Osie that Malone has any application to this case. Former R.”
— Ohio Rev. Code § 2921.04(B)(1)(D) — 1 case
State v. Parker, 2017 Ohio 4382 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2921.04(B)(2) — 38 cases
State v. Dahms, 2017 Ohio 4221 (Ohio Ct. App. 2017). “{¶70} The criminal offense of intimidation of a witness in a criminal case is codified in R.C. 2921.04, which provides, in relevant part: No person, knowingly and by force or by unlawful threat of harm to any person * * * or by unlawful threat to commit any offense or calumny…”
State v. Parker, 2017 Ohio 4382 (Ohio Ct. App. 2017).
State v. Kelly, 2018 Ohio 378 (Ohio Ct. App. 2018).
State v. McDonald-Glasco, 2018 Ohio 1918 (Ohio Ct. App. 2018).
State v. Hayes, 2017 Ohio 7716 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2921.04(B)(2)(D) — 3 cases
State v. Parker, 2017 Ohio 4382 (Ohio Ct. App. 2017).
State v. James, 2020 Ohio 4289 (Ohio Ct. App. 2020).
State v. Clouser, 2023 Ohio 1425 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2921.04(B)(3) — 1 case
Ross v. Kelley, 662 F. Supp. 2d 903 (N.D. Ohio 2009).
— Ohio Rev. Code § 2921.04(B)(D) — 3 cases
State v. Simons, 2013 Ohio 3654 (Ohio Ct. App. 2013).
State v. Peeples, 2012 Ohio 1149 (Ohio Ct. App. 2012).
State v. Jackson, 2015 Ohio 3959 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 2921.04(D) — 7 cases
State v. Cress, 858 N.E.2d 341 (Ohio 2006). “{¶ 32} R.C. 2921.04 provides: {¶ 33} “(A) No person shall knowingly attempt to intimidate or hinder the victim of a crime in the filing or prosecution of criminal charges or a witness involved in a criminal action or proceeding in the discharge of the duties of the witness.”
State v. Davis, 2012 Ohio 1654 (Ohio 2012). “) Appeal from the Court of Appeals for Montgomery County, No.”
State v. Sanders, 2016 Ohio 7204 (Ohio Ct. App. 2016). “Sessler {¶65} In 2008, the Court applied Pelfrey in the context of the same statute at issue here: intimidation of a victim or witness, R.C. 2921.04. In State v. Sessler, the defendant was convicted of two counts of intimidation in violation of R.”
State v. Sessler, 891 N.E.2d 318 (Ohio 2008).
State v. Ligon, 902 N.E.2d 1011 (Ohio Ct. App. 2008).
— Ohio Rev. Code § 2921.04(E) — 7 cases
State v. Dahms, 2017 Ohio 4221 (Ohio Ct. App. 2017). “{¶70} The criminal offense of intimidation of a witness in a criminal case is codified in R.C. 2921.04, which provides, in relevant part: No person, knowingly and by force or by unlawful threat of harm to any person * * * or by unlawful threat to commit any offense or calumny…”
State v. Davis, 2012 Ohio 1654 (Ohio 2012). “) Appeal from the Court of Appeals for Montgomery County, No.”
State v. Fonseca, 2016 Ohio 7348 (Ohio Ct. App. 2016).
State v. Brent, 2014 Ohio 5246 (Ohio Ct. App. 2014).
State v. Sanders, 2018 Ohio 4603 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2921.04(b) — 1 case
Ross v. Kelley, 662 F. Supp. 2d 903 (N.D. Ohio 2009).
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