Ohio Rev. Code » Chapter 2923
Ohio Revised Code

Ohio Rev. Code § 2923.161 (2026)

Improperly discharging firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function

✓ current as of May 2026
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Effective:
October 11, 2002
Latest Legislation:
House Bill 442 - 124th General Assembly
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(A) No person, without privilege to do so, shall knowingly do any of the following:

(1) Discharge a firearm at or into an occupied structure that is a permanent or temporary habitation of any individual;

(2) Discharge a firearm at, in, or into a school safety zone;

(3) Discharge a firearm within one thousand feet of any school building or of the boundaries of any school premises, with the intent to do any of the following:

(a) Cause physical harm to another who is in the school, in the school building, or at a function or activity associated with the school;

(b) Cause panic or fear of physical harm to another who is in the school, in the school building, or at a function or activity associated with the school;

(c) Cause the evacuation of the school, the school building, or a function or activity associated with the school.

(B) This section does not apply to any officer, agent, or employee of this or any other state or the United States, or to any law enforcement officer, who discharges the firearm while acting within the scope of the officer's, agent's, or employee's duties.

(C) Whoever violates this section is guilty of improperly discharging a firearm at or into a habitation, in a school safety zone, or with the intent to cause harm or panic to persons in a school, in a school building, or at a school function or the evacuation of a school function, a felony of the second degree.

(D) As used in this section, "occupied structure" has the same meaning as in section 2909.01 of the Revised Code.
Notes of Decisions
Cited in 260 cases (132 in the last 5 years), 1998–2026 · leading case: State v. Gervin, 2016 Ohio 8399 (Ohio Ct. App. 2016).
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State v. Gervin, 2016 Ohio 8399 (Ohio Ct. App. 2016). · cites it 6× “145, all felonies of the second degree; one count of improperly discharging a firearm at or into a habitation with a firearm specification in violation of R.C. 2923.161(A), 2929.14(D), and 2941.145, a felony of the second degree; and two counts of aggravated arson in violation…”
State v. Wilson, 2022 Ohio 504 (Ohio Ct. App. 2022). · cites it 6× “11 and discharging a firearm at or into a habitation in violation of R.C. 2923.161 are listed as “[o]ffense[s] of violence” in R.”
State v. Nicholson, 2022 Ohio 2037 (Ohio Ct. App. 2022). · cites it 8× “11 and/or Improper Discharge into a Habitation, RC 2923.161 and/or Discharge Over a Roadway, RC 2923.”
State v. Ford, 2011 Ohio 765 (Ohio 2011). · cites it 5× “Introduction {¶ 1} In this appeal, we must determine whether discharging a firearm into a habitation in violation of R.C. 2923.161 and a firearm specification pursuant to R.”
State v. Ropp, 2020 Ohio 824 (Ohio Ct. App. 2020). · cites it 9× “As previously stated, R.C. 2923.161 provides: “(A) No person, without privilege to do so, shall knowingly do any of the following: (1) Discharge a firearm at or into an occupied structure that is a [Cite as State v.”
State v. Montgomery (Slip Opinion), 2016 Ohio 5487 (Ohio 2016). · cites it 2× “at paragraph one of the syllabus. {¶ 68} The state focuses on language in Ford indicating that the firearm specification is “not a separate criminal offense” because it is “merely a sentencing provision that requires an enhanced penalty upon certain findings.”
State v. Dean (Slip Opinion), 2015 Ohio 4347 (Ohio 2015). · cites it 2× “{¶ 159} Dean was convicted of a violation of R.C. 2923.161(A), which provides: “No person, without privilege to do so, shall knowingly * * * (1) [d]ischarge a firearm at or into an occupied structure that is a permanent or temporary habitation of any individual.”
State v. Lambert, 2021 Ohio 17 (Ohio Ct. App. 2021). · cites it 5× “11(A)(2), one count of improperly discharging a firearm at or into a habitation in violation of R.C. 2923.161(A)(1), and one count of tampering with evidence (alter/destroy) in violation of R.”
State v. Thomas, 2013 Ohio 5386 (Ohio Ct. App. 2013). · cites it 3× “13(A)(2), and improperly discharging a firearm into a habitation or school safety zone under R.C. 2923.161(A) with an accompanying firearm specification.”
State v. Ramey, 2015 Ohio 5389 (Ohio Ct. App. 2015). · cites it 3× “03(A)(2) and R.C. 2923.161(A)(1), a felony of the second degree; one count of complicity to felonious assault in violation of R.”
State v. Romeo, 2016 Ohio 5657 (Ohio Ct. App. 2016). · cites it 9× “14(B)(1)(c) that applies: Except as provided in division (B)(1)(e) of this section, if an offender who is convicted of or pleads guilty to a violation of section 2923.161 of the Revised Code or to a felony that includes, as an essential element, purposely or knowingly causing or…”
State v. Wood, 2025 Ohio 1182 (Ohio Ct. App. 2025). · cites it 9× “01(A)(9)(a) (listing R.C. 2923.161 as an “offense of violence”).”
Show all 260 citing cases →
— Ohio Rev. Code § 2923.161(A) — 14 cases
State v. Gervin, 2016 Ohio 8399 (Ohio Ct. App. 2016). “145, all felonies of the second degree; one count of improperly discharging a firearm at or into a habitation with a firearm specification in violation of R.C. 2923.161(A), 2929.14(D), and 2941.145, a felony of the second degree; and two counts of aggravated arson in violation…”
State v. Dean (Slip Opinion), 2015 Ohio 4347 (Ohio 2015). “{¶ 159} Dean was convicted of a violation of R.C. 2923.161(A), which provides: “No person, without privilege to do so, shall knowingly * * * (1) [d]ischarge a firearm at or into an occupied structure that is a permanent or temporary habitation of any individual.”
State v. Thomas, 2013 Ohio 5386 (Ohio Ct. App. 2013). “13(A)(2), and improperly discharging a firearm into a habitation or school safety zone under R.C. 2923.161(A) with an accompanying firearm specification.”
State v. Whipple, 2012 Ohio 2938 (Ohio Ct. App. 2012).
State v. Morgan, 910 N.E.2d 1075 (Ohio Ct. App. 2009).
— Ohio Rev. Code § 2923.161(A)(1) — 193 cases
State v. Nicholson, 2022 Ohio 2037 (Ohio Ct. App. 2022). “11 and/or Improper Discharge into a Habitation, RC 2923.161 and/or Discharge Over a Roadway, RC 2923.”
State v. Wilson, 2022 Ohio 504 (Ohio Ct. App. 2022). “11 and discharging a firearm at or into a habitation in violation of R.C. 2923.161 are listed as “[o]ffense[s] of violence” in R.”
State v. Gervin, 2016 Ohio 8399 (Ohio Ct. App. 2016). “145, all felonies of the second degree; one count of improperly discharging a firearm at or into a habitation with a firearm specification in violation of R.C. 2923.161(A), 2929.14(D), and 2941.145, a felony of the second degree; and two counts of aggravated arson in violation…”
State v. Ramey, 2015 Ohio 5389 (Ohio Ct. App. 2015). “03(A)(2) and R.C. 2923.161(A)(1), a felony of the second degree; one count of complicity to felonious assault in violation of R.”
State v. Lambert, 2021 Ohio 17 (Ohio Ct. App. 2021). “11(A)(2), one count of improperly discharging a firearm at or into a habitation in violation of R.C. 2923.161(A)(1), and one count of tampering with evidence (alter/destroy) in violation of R.”
— Ohio Rev. Code § 2923.161(A)(1)(C) — 9 cases
State v. Ropp, 2020 Ohio 824 (Ohio Ct. App. 2020). “As previously stated, R.C. 2923.161 provides: “(A) No person, without privilege to do so, shall knowingly do any of the following: (1) Discharge a firearm at or into an occupied structure that is a [Cite as State v.”
State v. Shaw, 2013 Ohio 5292 (Ohio Ct. App. 2013).
State v. McGee, 2013 Ohio 4165 (Ohio Ct. App. 2013).
State v. Johnson, 2022 Ohio 4344 (Ohio Ct. App. 2022).
State v. Owens, 2025 Ohio 1908 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2923.161(A)(1)(c) — 2 cases
State v. Howard-Ross, 2016 Ohio 1438 (Ohio Ct. App. 2016).
State v. Howard-Ross, 2015 Ohio 4810 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 2923.161(A)(2) — 3 cases
State v. Davis, 2025 Ohio 1676 (Ohio Ct. App. 2025).
State v. Moorer, 891 N.E.2d 1295 (Ohio Ct. App. 2008).
State v. Ramos, 2026 Ohio 2258 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2923.161(A)(3) — 1 case
State v. Gillepsie, 2013 Ohio 4917 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2923.161(A)(C) — 1 case
State v. Estrada, 710 N.E.2d 1168 (Ohio Ct. App. 1998).
— Ohio Rev. Code § 2923.161(C) — 1 case
State v. Lambert, 2021 Ohio 17 (Ohio Ct. App. 2021). “11(A)(2), one count of improperly discharging a firearm at or into a habitation in violation of R.C. 2923.161(A)(1), and one count of tampering with evidence (alter/destroy) in violation of R.”
— Ohio Rev. Code § 2923.161(D) — 2 cases
State v. Wood, 2025 Ohio 1182 (Ohio Ct. App. 2025). “01(A)(9)(a) (listing R.C. 2923.161 as an “offense of violence”).”
State v. Pettaway, 2025 Ohio 1181 (Ohio Ct. App. 2025).
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