Ohio Rev. Code » Chapter 2923
Ohio Revised Code

Ohio Rev. Code § 2923.04 (2026)

Improper organizational involvement with a critical infrastructure facility

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Effective:
April 12, 2021
Latest Legislation:
Senate Bill 33 - 133rd General Assembly
PDF:
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(A) As used in this section:

(1) "Compensation" means money, thing of value, or financial benefit. "Compensation" does not include bail, fines, or court costs.

(2) "Critical infrastructure facility" has the same meaning as in section 2911.21 of the Revised Code.

(3) "Organization" has the same meaning as in section 2901.23 of the Revised Code.

(B) No organization shall knowingly direct, authorize, facilitate, or encourage a person to commit any of the following offenses or provide compensation to a person for committing any of the following offenses:

(1) Criminal mischief in violation of division (A)(7) of section 2909.07 of the Revised Code;

(2) Criminal trespass in violation of division (A)(5) of section 2911.21 of the Revised Code;

(3) Aggravated trespass in violation of division (A)(2) of section 2911.211 of the Revised Code;

(4) Telecommunications harassment in violation of division (A)(4) of section 2917.21 of the Revised Code that involves a threat of damage to or destruction of a critical infrastructure facility;

(5) Making false alarms in violation of division (A)(4) of section 2917.32 of the Revised Code.

(C) Whoever violates this section is guilty of improper organizational involvement with a critical infrastructure facility. Notwithstanding section 2929.31 of the Revised Code, improper organizational involvement with a critical infrastructure facility shall be punished as follows:

(1) A violation of division (B)(1) of this section shall be punished with a fine that is ten times the maximum fine that can be imposed on an individual for a violation of division (A)(7) of section 2909.07 of the Revised Code;

(2) A violation of division (B)(2) of this section shall be punished with a fine that is ten times the maximum fine that can be imposed on an individual for a violation of division (A)(5) of section 2911.21 of the Revised Code;

(3) A violation of division (B)(3) of this section shall be punished with a fine that is ten times the maximum fine that can be imposed on an individual for a violation of division (A)(2) of section 2911.211 of the Revised Code;

(4) A violation of division (B)(4) of this section shall be punished with a fine that is ten times the maximum fine that can be imposed on an individual for a violation of division (A)(4) of section 2917.21 that involves a threat of damage to or destruction of a critical infrastructure facility;

(5) A violation of division (B)(5) of this section shall be punished with a fine that is ten times the maximum fine that can be imposed on an individual for a violation of division (A)(4) of section 2917.32 of the Revised Code.
Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1967–2021 · leading case: Sovereign News Co. v. Falke, 448 F. Supp. 306 (N.D. Ohio 1977).
Sort: Relevance Newest Treatment
Sovereign News Co. v. Falke, 448 F. Supp. 306 (N.D. Ohio 1977). · cites it 23× “The plaintiff contends that the extensive web of § 2923.04 unconstitutionally restricts free expression because of the fear of punishment those engaged in publishing will have if they approach the line between obscene and non-obscene material.”
Amusement Devices Ass'n v. State of Ohio, 443 F. Supp. 1040 (S.D. Ohio 1977). · cites it 15× “The statute is R.C. 2923.04, which provides in its entirety as follows (emphasis supplied): (A) No person, with purpose to establish or maintain a criminal syndicate or to facilitate any of its activities, shall do any of the following: (1) Organize or participate in organizing…”
State v. Bayless, 357 N.E.2d 1035 (Ohio 1976). · cites it 2× ““(C) The death shall not impose a fine in addition to imprisonment or death for aggravated murder, or in addition to imprisonment for murder, unless the offense was committed with purpose to establish, maintain, or facilitate an activity of, a criminal syndicate as defined…”
State v. Skatzes, 819 N.E.2d 215 (Ohio 2004). “The language used by the trial court tracked the language of the complicity statute [R.C. 2923.04(A) ] and is not ambiguous. Given the clarity of the instruction, jurors would have understood this instruction to mean that they should apply the culpable mental state for the…”
State v. McDonald, 509 N.E.2d 57 (Ohio 1987). · cites it 3× “We explained: “The lower courts have properly pointed out that the criteria chosen by the General Assembly to mark the boundaries of the statute are extremely broad and bring many activities within the statute that would not normally be considered to be conduct engaged in by…”
State v. Thomas, 400 N.E.2d 401 (Ohio 1980). ““Where defendants are not charged with engaging in organized crime under §2923.04, Ohio Revised Code, it is prejudicial error to permit prosecution witnesses to identify themselves as law enforcement officers assigned to investigate organized crime.”
State v. Cravens, 536 N.E.2d 686 (Ohio Ct. App. 1st Dist. 1988). · cites it 2× ““(B) The court shall not impose a fine in addition to imprisonment for felony, unless a fine is specially adapted to deterrence of the offense or the correction of the offender, or the offense was committed with purpose to establish, maintain, or *73 facilitate an activity of a…”
State v. Hamann, 630 N.E.2d 384 (Ohio Ct. App. 8th Dist. 1993). · cites it 2× ““(B) The court shall not impose a fine in addition to imprisonment for felony, unless a fine is specially adapted to deterrence of the offense or the correction of the offender, or the offense was committed with purpose to establish, maintain, or facilitate an activity of a…”
Coyne v. Watson, 282 F. Supp. 235 (S.D. Ohio 1967). · cites it 3× “Coyne did conceal said things, or some part thereof, at the place aforesaid in said County, then and there well knowing the same to have been violation of state law R.C. 2923.04 as aforesaid. /s/ ARTHUR E. GUARD Sworn to and subscribed before me, this 16th day of August 1965.”
State v. Beckley, 448 N.E.2d 1147 (Ohio 1983). · cites it 2× “In his dissenting opinion he discussed in some detail the subject of whether a statute is overbroad in its scope and thus unconstitutional, a theme not directly expounded in the Young majority opinion.”
State v. Thrower, 575 N.E.2d 863 (Ohio Ct. App. 9th Dist. 1989). “Five specific problems with that statute have been mentioned: “(1) It prohibits doing certain things to facilitate the activities of a criminal syndicate. Because a criminal syndicate often engages in legal activities in addition to its illegal activities, the section prohibits…”
Lucario v. State, 658 S.W.2d 835 (Tex. App.—Houston [1st Dist.] 1983). · cites it 2× “Ohio Rev.Code Ann. § 2923.04 (1979). A reading of these statutes discloses that the Ohio Statute is more broad than the Texas statute and obviously prohibits constitutionally protected activity.”
Show all 18 citing cases →
Ohio Rev. Code § 2923.04(A): 3 cases
State v. Skatzes, 819 N.E.2d 215 (Ohio 2004). “The language used by the trial court tracked the language of the complicity statute [R.C. 2923.04(A) ] and is not ambiguous. Given the clarity of the instruction, jurors would have understood this instruction to mean that they should apply the culpable mental state for the…”
State v. Vogelsong, 612 N.E.2d 462 (Ohio Ct. App. 10th Dist. 1992).
Fields v. Warden, Noble Corr. Inst., No. 2:21-cv-01877 (S.D. Ohio Oct. 18, 2021).
Ohio Rev. Code § 2923.04(A)(1): 1 case
Amusement Devices Ass'n v. State of Ohio, 443 F. Supp. 1040 (S.D. Ohio 1977). “The statute is R.C. 2923.04, which provides in its entirety as follows (emphasis supplied): (A) No person, with purpose to establish or maintain a criminal syndicate or to facilitate any of its activities, shall do any of the following: (1) Organize or participate in organizing…”
Ohio Rev. Code § 2923.04(A)(3): 1 case
Amusement Devices Ass'n v. State of Ohio, 443 F. Supp. 1040 (S.D. Ohio 1977). “The statute is R.C. 2923.04, which provides in its entirety as follows (emphasis supplied): (A) No person, with purpose to establish or maintain a criminal syndicate or to facilitate any of its activities, shall do any of the following: (1) Organize or participate in organizing…”
Ohio Rev. Code § 2923.04(A)(4): 2 cases
Amusement Devices Ass'n v. State of Ohio, 443 F. Supp. 1040 (S.D. Ohio 1977). “The statute is R.C. 2923.04, which provides in its entirety as follows (emphasis supplied): (A) No person, with purpose to establish or maintain a criminal syndicate or to facilitate any of its activities, shall do any of the following: (1) Organize or participate in organizing…”
Lucario v. State, 658 S.W.2d 835 (Tex. App.—Houston [1st Dist.] 1983). “Ohio Rev.Code Ann. § 2923.04 (1979). A reading of these statutes discloses that the Ohio Statute is more broad than the Texas statute and obviously prohibits constitutionally protected activity.”
Ohio Rev. Code § 2923.04(A)(5): 1 case
Sovereign News Co. v. Falke, 448 F. Supp. 306 (N.D. Ohio 1977). “The plaintiff contends that the extensive web of § 2923.04 unconstitutionally restricts free expression because of the fear of punishment those engaged in publishing will have if they approach the line between obscene and non-obscene material.”
Ohio Rev. Code § 2923.04(E)(1): 1 case
State v. Sturgis, 2016-Ohio-3388.
Ohio Rev. Code § 2923.04(E)(3): 1 case
State v. Sturgis, 2016-Ohio-3388.
Ohio Rev. Code § 2923.04(F): 1 case
State v. Boyce, 2012-Ohio-3713.
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