In Ohio, the offense of obstructing official business is designed to prevent unlawful interference with public officials performing their duties. This law ensures that government functions, from law enforcement investigations to administrative tasks, can proceed without being deliberately hampered.
Defining Obstructing Official Business in Ohio
The crime of obstructing official business is outlined in Ohio Revised Code Section 2921.31.1Ohio Laws. Section 2921.31 – Ohio Revised Code To secure a conviction, a prosecutor must prove an individual performed an act with the “purpose to prevent, obstruct, or delay” a public official’s work, and the action actually hampered the official.
An important component is that the person must have acted “without privilege to do so,” meaning the individual did not have a legal right for their actions. For instance, while a person has a right to remain silent, they do not have a right to lie to an officer to send them in the wrong direction during a pursuit.
The statute also requires that the official was engaged in an “authorized act within the public official’s official capacity.” This ensures the law protects officials who are lawfully carrying out their prescribed duties.
Actions Considered Obstruction
A wide range of behaviors can qualify as obstructing official business, with the key factor being whether the act impedes an official. Providing false information to a law enforcement officer during an investigation is a primary example. If a person lies about their identity, gives a false alibi for a suspect, or provides misleading details about a crime, they could face charges because such falsehoods can waste time and misdirect resources.
Physical interference is another common form of obstruction. This can include blocking an officer’s path, attempting to physically prevent an arrest of another person, or refusing to move from a crime scene after being lawfully ordered to do so. The act does not have to involve violence; creating a physical barrier that hampers an official’s movement is sufficient.
Other actions, such as warning suspects that police are about to execute a search warrant, can also constitute obstruction. The goal is to help another person evade apprehension or destroy evidence. Not every uncooperative act rises to this level, but those that actively disrupt official functions do.
Who is a Public Official and What is Official Business
The term “public official” under Ohio law extends beyond police officers. While it includes law enforcement personnel like state highway patrol troopers and local sheriff’s deputies, the definition in Ohio Revised Code Section 2921.01 encompasses a wide array of government employees performing their duties.2Ohio Laws. Section 2921.01 – Ohio Revised Code
This includes firefighters, paramedics, and emergency medical technicians responding to a call. It also covers government employees like building inspectors, code enforcement officers, and sanitation workers acting in their official capacity. Court officials, such as bailiffs or clerks carrying out a judge’s order, are also considered public officials.
“Official business” refers to any authorized act that falls within the public official’s lawful duties. For a police officer, this could be conducting a traffic stop or making an arrest. For a code enforcement officer, it might be inspecting a property for compliance with local ordinances. If the official is acting outside their authority, the charge of obstruction may not apply.
Penalties for Obstructing Official Business
In most cases, obstructing official business is a second-degree misdemeanor in Ohio. A conviction carries penalties including a maximum of 90 days in jail and a fine of up to $750.3Ohio Laws. Section 2929.24 – Ohio Revised Code A conviction also results in a permanent criminal record, which can affect future employment and housing opportunities.
The offense can be elevated if the act of obstruction creates a “risk of physical harm to any person,” making it a felony of the fifth degree. This escalation often occurs when a person’s interference puts an officer, a civilian, or the offender in danger. A fifth-degree felony is punishable by a prison term of 6 to 12 months and a fine of up to $2,500.4Ohio Laws. Section 2929.14 – Ohio Revised Code
For instance, if a person physically struggles with an officer trying to detain a suspect near a busy roadway, they could be charged with a felony. The determination hinges on whether the offender’s actions created a scenario where physical injury was a foreseeable risk.