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
(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.
State v. Gervin, 2016-Ohio-8399. · cites it 6ד145, 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, 185 N.E.3d 176. · cites it 6ד11 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. · cites it 8ד11 and/or Improper Discharge into a Habitation, RC 2923.161 and/or Discharge Over a Roadway, RC 2923.”
State v. Ford, 2011-Ohio-765, 945 N.E.2d 498. · cites it 5דIntroduction {¶ 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. · cites it 9דAs 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, 71 N.E.3d 180. · cites it 2דat 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, 54 N.E.3d 80. · cites it 2ד{¶ 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. · cites it 5ד11(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. · cites it 3ד13(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. · cites it 3ד03(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. · cites it 9ד14(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. · cites it 9ד01(A)(9)(a) (listing R.C. 2923.161 as an “offense of violence”).”
State v. Gervin, 2016-Ohio-8399. “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, 54 N.E.3d 80. “{¶ 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. “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. Nicholson, 2022-Ohio-2037. “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, 185 N.E.3d 176. “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. “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. “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. “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. “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. Lambert, 2021-Ohio-17. “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. “01(A)(9)(a) (listing R.C. 2923.161 as an “offense of violence”).”
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