(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.
Last updated October 20, 2025 at 2:11 PM
Notes of Decisions
Cited in 68
cases (30 in the last 5 years), 1998–2025 · leading case: State v. May, 2014 Ohio 1542 (Ohio Ct. App. 2014).
State v. May, 2014 Ohio 1542 (Ohio Ct. App. 2014). · cites it 12דR.C. 2921.38(B) is Constitutional {¶ 31} May’s third assignment of error states: Properly construed, R.”
State v. Hammock, 2012 Ohio 419 (Ohio Ct. App. 2012). · cites it 8דHammock appeals from her conviction and sentence on one count of harassment with a bodily substance in violation of R.C. 2921.38(B). 2 {¶ 2} Hammock advances three assignments of error on appeal.”
Mayer v. Bristow, 2000 Ohio 109 (Ohio 2000). · cites it 4ד35(A) and two counts of Harassment by Inmate in violation of R.C. § 2921.38(A). The Friday before Bristow pled guilty to the charges in Case No.”
State v. Huber, 2013 Ohio 97 (Ohio Ct. App. 2013). · cites it 10ד: {¶1} Defendant-appellant, Joseph Huber, appeals from the trial court’s judgment, rendered after a bench trial, finding him guilty of harassment with a bodily substance in violation of R.C. 2921.38(A). Finding no merit to the appeal, we affirm.”
State v. Worthen, 2021 Ohio 2788 (Ohio Ct. App. 2021). “{¶ 1} Defendant-Appellant Diamond Worthen pled guilty to harassment by an inmate (bodily substance) in violation of R.C. 2921.38(A), a felony of the fifth degree, and was sentenced to 12 months in prison, to be served concurrently with a sentence in another case.”
State v. Johnson, 2019 Ohio 3314 (Ohio Ct. App. 2019). · cites it 3ד13(A)(C)(4)(a), AND TWO FELONY COUNTS OF HARASSMENT WITH A BODILY SUBSTANCE IN VIOLATION OF R.C. 2921.38(B). {¶6} In her first assignment of error, Ms.”
State v. Pierce, 2017 Ohio 8578 (Ohio Ct. App. 2017). · cites it 2ד13(A) with a furthermore specification alleging that the victim was a peace officer; two counts of harassment by inmate, fifth-degree felonies in violation of R.C. 2921.38(B) ; and resisting arrest, a second-degree misdemeanor in violation of R.”
State v. Lee, 2022 Ohio 248 (Ohio Ct. App. 2022). “13(A), a felony of the third degree, and one count of harassment with a bodily substance in violation of R.C. 2921.38(A), a felony of the fifth degree.”
State v. Walker, 2022 Ohio 1684 (Ohio Ct. App. 2022). “13 and one count of harassment with a bodily substance under R.C. 2921.38, as well as the jury verdict convicting him of one of the assault charges.”
City of Cleveland v. Adkins, 806 N.E.2d 1007 (Ohio Ct. App. 2004). “R.C. 2921.38, a fifth degree felony. 6 . State v.”
State v. Blackmon, 719 N.E.2d 970 (Ohio Ct. App. 1998). · cites it 3דIn September 1997, defendant-appellant, Thomas Blackmon, was indicted by a grand jury for harassment by an inmate in violation of R.C. 2921.38(A). In *145 December 1997, appellant filed a motion for continuance, citing a conflict with his scheduled trial and his observance of a…”
State v. Burns, 2012 Ohio 2698 (Ohio Ct. App. 2012). “11(A)(2)(D); six counts of harassment with a bodily substance, fifth-degree felonies in violation of R.C. 2921.38(A)(D); and one count of assault, a fifth-degree felony in violation of R.”
Mayer v. Bristow, 2000 Ohio 109 (Ohio 2000). “35(A) and two counts of Harassment by Inmate in violation of R.C. § 2921.38(A). The Friday before Bristow pled guilty to the charges in Case No.”
State v. Huber, 2013 Ohio 97 (Ohio Ct. App. 2013). “: {¶1} Defendant-appellant, Joseph Huber, appeals from the trial court’s judgment, rendered after a bench trial, finding him guilty of harassment with a bodily substance in violation of R.C. 2921.38(A). Finding no merit to the appeal, we affirm.”
State v. Worthen, 2021 Ohio 2788 (Ohio Ct. App. 2021). “{¶ 1} Defendant-Appellant Diamond Worthen pled guilty to harassment by an inmate (bodily substance) in violation of R.C. 2921.38(A), a felony of the fifth degree, and was sentenced to 12 months in prison, to be served concurrently with a sentence in another case.”
State v. Lee, 2022 Ohio 248 (Ohio Ct. App. 2022). “13(A), a felony of the third degree, and one count of harassment with a bodily substance in violation of R.C. 2921.38(A), a felony of the fifth degree.”
State v. Blackmon, 719 N.E.2d 970 (Ohio Ct. App. 1998). “In September 1997, defendant-appellant, Thomas Blackmon, was indicted by a grand jury for harassment by an inmate in violation of R.C. 2921.38(A). In *145 December 1997, appellant filed a motion for continuance, citing a conflict with his scheduled trial and his observance of a…”
— Ohio Rev. Code § 2921.38(A)(D) — 3 cases
State v. Burns, 2012 Ohio 2698 (Ohio Ct. App. 2012). “11(A)(2)(D); six counts of harassment with a bodily substance, fifth-degree felonies in violation of R.C. 2921.38(A)(D); and one count of assault, a fifth-degree felony in violation of R.”
State v. May, 2014 Ohio 1542 (Ohio Ct. App. 2014). “R.C. 2921.38(B) is Constitutional {¶ 31} May’s third assignment of error states: Properly construed, R.”
State v. Hammock, 2012 Ohio 419 (Ohio Ct. App. 2012). “Hammock appeals from her conviction and sentence on one count of harassment with a bodily substance in violation of R.C. 2921.38(B). 2 {¶ 2} Hammock advances three assignments of error on appeal.”
State v. Johnson, 2019 Ohio 3314 (Ohio Ct. App. 2019). “13(A)(C)(4)(a), AND TWO FELONY COUNTS OF HARASSMENT WITH A BODILY SUBSTANCE IN VIOLATION OF R.C. 2921.38(B). {¶6} In her first assignment of error, Ms.”
State v. Pierce, 2017 Ohio 8578 (Ohio Ct. App. 2017). “13(A) with a furthermore specification alleging that the victim was a peace officer; two counts of harassment by inmate, fifth-degree felonies in violation of R.C. 2921.38(B) ; and resisting arrest, a second-degree misdemeanor in violation of R.”
State v. Huber, 2013 Ohio 97 (Ohio Ct. App. 2013). “: {¶1} Defendant-appellant, Joseph Huber, appeals from the trial court’s judgment, rendered after a bench trial, finding him guilty of harassment with a bodily substance in violation of R.C. 2921.38(A). Finding no merit to the appeal, we affirm.”
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