Ohio Rev. Code » Chapter 2935
Ohio Revised Code

Ohio Rev. Code § 2935.01 (2026)

Arrest, citation, and disposition alternatives definitions

✓ current as of May 2026
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Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
PDF:
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As used in this chapter:

(A) "Magistrate" has the same meaning as in section 2931.01 of the Revised Code.

(B) "Peace officer" includes, except as provided in section 2935.081 of the Revised Code, a sheriff; deputy sheriff; marshal; deputy marshal; member of the organized police department of any municipal corporation, including a member of the organized police department of a municipal corporation in an adjoining state serving in Ohio under a contract pursuant to section 737.04 of the Revised Code; member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code; member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code; state university law enforcement officer appointed under section 3345.04 of the Revised Code; enforcement agent of the department of public safety designated under section 5502.14 of the Revised Code; employee of the department of taxation to whom investigation powers have been delegated under section 5743.45 of the Revised Code; employee of the department of natural resources who is a natural resources law enforcement staff officer designated pursuant to section 1501.013 of the Revised Code, a forest-fire investigator appointed pursuant to section 1503.09 of the Revised Code, a natural resources officer appointed pursuant to section 1501.24 of the Revised Code, or a wildlife officer designated pursuant to section 1531.13 of the Revised Code; individual designated to perform law enforcement duties under section 511.232, 1545.13, or 6101.75 of the Revised Code; veterans' home police officer appointed under section 5907.02 of the Revised Code; special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code; police constable of any township; police officer of a township or joint police district; a special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended; the house of representatives sergeant at arms if the house of representatives sergeant at arms has arrest authority pursuant to division (E)(1) of section 101.311 of the Revised Code; an assistant house of representatives sergeant at arms; the senate sergeant at arms; an assistant senate sergeant at arms; officer or employee of the bureau of criminal identification and investigation established pursuant to section 109.51 of the Revised Code who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the officer's or employee's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program and who is providing assistance upon request to a law enforcement officer or emergency assistance to a peace officer pursuant to section 109.54 or 109.541 of the Revised Code; a state fire marshal law enforcement officer described in division (A)(23) of section 109.71 of the Revised Code; a gaming agent, as defined in section 3772.01 of the Revised Code; and, for the purpose of arrests within those areas, for the purposes of Chapter 5503. of the Revised Code, and the filing of and service of process relating to those offenses witnessed or investigated by them, the superintendent and troopers of the state highway patrol.

(C) "Prosecutor" includes the county prosecuting attorney and any assistant prosecutor designated to assist the county prosecuting attorney, and, in the case of courts inferior to courts of common pleas, includes the village solicitor, city director of law, or similar chief legal officer of a municipal corporation, any such officer's assistants, or any attorney designated by the prosecuting attorney of the county to appear for the prosecution of a given case.

(D) "Offense," except where the context specifically indicates otherwise, includes felonies, misdemeanors, and violations of ordinances of municipal corporations and other public bodies authorized by law to adopt penal regulations.

(E) "Tier one offense" means a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.06, 2903.11, 2903.12, 2903.21, 2903.211, 2905.01, 2905.02, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2919.25, 2921.34, 2923.161, 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code.

Last updated March 8, 2023 at 11:34 AM

Notes of Decisions
Cited in 59 cases (6 in the last 5 years), 1958–2025 · leading case: State v. Henry, 2018 Ohio 1128 (Ohio Ct. App. 2018).
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State v. Henry, 2018 Ohio 1128 (Ohio Ct. App. 2018). · cites it 15× “{¶ 34} On appeal, appellant sets forth the following six assignments of error for this court's review: ASSIGNMENT OF ERROR NUMBER ONE THE EVIDENCE WAS INSUFFICIENT TO ESTABLISH THAT THE ALLEGED VICTIM OF THE ASSAULT WAS A PEACE OFFICER AS DEFINED IN R.C. 2935.01 SINCE "SPECIAL…”
State v. Mole (Slip Opinion), 2016 Ohio 5124 (Ohio 2016). · cites it 6× “”2 We first note that Mole does not claim that this classification involves a fundamental 2 R.C. 2935.01’s lengthy definition of “peace officer” includes not only police officers, sheriffs and deputy sheriffs, and the state highway patrol, but a variety of less expected…”
State v. Deem, 533 N.E.2d 294 (Ohio 1988). · cites it 4× “If the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code, felonious assault is an aggravated felony of the first degree.”
State v. Jenkins, 473 N.E.2d 264 (Ohio 1984). · cites it 2× “04(A)(6) states: “The victim of the offense was a peace officer, as defined in section 2935.01 of the Revised Code, whom the offender had reasonable cause to know or knew to be such, and either the victim, at the time of the commission of the offense, was engaged in his duties,…”
State v. Gross, 2002 Ohio 5524 (Ohio 2002). · cites it 2× “04(A)(6), the state had to prove beyond a reasonable doubt that Lieutenant Lutz was a peace officer as defined in R.C. 2935.01, that Gross knew or had reason to know this fact, and either that Lieutenant Lutz was engaged in his duties at the time of the offense *142 or that…”
State v. Wong, 641 N.E.2d 1137 (Ohio Ct. App. 1994). · cites it 4× “If the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code, felonious assault is an aggravated felony of the first degree.”
State v. Davis, 528 N.E.2d 925 (Ohio 1988). · cites it 2× ““(6) The victim of the offense was a peace officer, as defined in section 2935.01 of the Revised Code, whom the offender had reasonable cause to know or knew to be such, and either the victim, at the time of the commission of the offense, was engaged in his duties, or it was the…”
State v. Johnson, 494 N.E.2d 1061 (Ohio 1986). · cites it 2× ““(6) The victim of the offense was a peace officer, as defined in section 2935.01 of the Revised Code, whom the offender had reasonable cause to know or knew to be such, and either the victim, at the time of the commission of the offense, was engaged in his duties, or it was the…”
State Ex Rel. Nat'l Broad. Co. v. City of Cleveland, 611 N.E.2d 838 (Ohio Ct. App. 1992). · cites it 4× “25 respectively provide as follows: “(A) No officer or employee of a law enforcement agency or court, or of the office of the clerk of any court, shall disclose during the pendency of any criminal case the home address of any peace officer, as defined in section 2935.01 of the…”
State v. Green, 569 N.E.2d 1038 (Ohio 1991). · cites it 2× ““(B) * * * If the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code, felonious assault is an aggravated felony of the first degree.”
State v. Glenn, 504 N.E.2d 701 (Ohio 1986). · cites it 2× “04 (A)(6) allows imposition of the death penalty on anyone who commits the crime of aggravated murder upon a peace officer as defined in R.C. 2935.01. By this reasoning, appellant concludes that either the specification should have been stricken from the indictment, or that the…”
State v. Cole, 2012 Ohio 4027 (Ohio Ct. App. 2012). · cites it 3× “” Here, the parties do not dispute that Agent Armsey was an enforcement agent of the ODPS, and thus was a “peace officer” within the meaning of R.”
Show all 59 citing cases →
— Ohio Rev. Code § 2935.01(B) — 22 cases
State v. Henry, 2018 Ohio 1128 (Ohio Ct. App. 2018). “{¶ 34} On appeal, appellant sets forth the following six assignments of error for this court's review: ASSIGNMENT OF ERROR NUMBER ONE THE EVIDENCE WAS INSUFFICIENT TO ESTABLISH THAT THE ALLEGED VICTIM OF THE ASSAULT WAS A PEACE OFFICER AS DEFINED IN R.C. 2935.01 SINCE "SPECIAL…”
State v. Gross, 2002 Ohio 5524 (Ohio 2002). “04(A)(6), the state had to prove beyond a reasonable doubt that Lieutenant Lutz was a peace officer as defined in R.C. 2935.01, that Gross knew or had reason to know this fact, and either that Lieutenant Lutz was engaged in his duties at the time of the offense *142 or that…”
State v. Cole, 2012 Ohio 4027 (Ohio Ct. App. 2012). “” Here, the parties do not dispute that Agent Armsey was an enforcement agent of the ODPS, and thus was a “peace officer” within the meaning of R.”
State v. Hudson, 2019 Ohio 3497 (Ohio Ct. App. 2019).
State v. Glenn, 504 N.E.2d 701 (Ohio 1986). “04 (A)(6) allows imposition of the death penalty on anyone who commits the crime of aggravated murder upon a peace officer as defined in R.C. 2935.01. By this reasoning, appellant concludes that either the specification should have been stricken from the indictment, or that the…”
— Ohio Rev. Code § 2935.01(C) — 1 case
Blanchard Twp. Bd. of Trs. v. Simon, 2023 Ohio 1704 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2935.01(D) — 6 cases
State v. N.J., 2017 Ohio 7089 (Ohio Ct. App. 2017).
Farm Labor Org. Comm. v. Ohio State High. Patrol, 991 F. Supp. 895 (N.D. Ohio 1997).
City of Dayton v. Sheibenberger, 685 N.E.2d 841 (Ohio Ct. App. 1996).
City of Chillicothe v. Herron, 445 N.E.2d 1171 (Ohio Ct. App. 1982).
State v. Yackley, 539 N.E.2d 1118 (Ohio 1989).
— Ohio Rev. Code § 2935.01(E) — 1 case
Sobin v. Lim, 2014 Ohio 4935 (Ohio Ct. App. 2014).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.