665 N.E.2d 759 | Ohio Ct. App. | 1995
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *235
This appeal follows appellant's conviction for menacing by stalking, in violation of R.C.
The record reveals that appellant and the victim had been cohabiting for approximately three years. On March 14, 1994, when the victim tried to leave the residence, appellant beat her with a coat hanger, threatened to kill her and tried to strangle her. Two weeks later, a quarrel took place during which appellant used a knife to "tear things up" at the residence. On April 24, 1994, while appellant was out of town, the victim left the residence and moved in with some friends. The victim told her friends that she was afraid that appellant would try to kill her.
The same day, appellant called the home where the victim was staying. Later, appellant came to the home and confronted the victim as she and her friend were trying to leave. Appellant blocked the friend's car, pounded on the car window and screamed at the victim. Appellant left but returned later that evening. When the victim stated that she did not want to see appellant again, he threatened to ruin her career and told her she was "finished."
Appellant appeared in the lobby of the bank where the victim was employed the following day. Because she did not want a scene at work, the victim directed appellant outside the building. Appellant threatened to go back inside the bank and cause a scene. He left only after the victim agreed to meet appellant at a *236 counselor's office. The victim later called the counselor and said that she would not participate in any meeting with appellant.
On April 26, 1994, appellant left flowers on the victim's doorstep with a note which stated "I'll do anything to get you back." The following day, appellant called the victim at work and stated that he would "get her back." The victim made it clear that the relationship was over. Subsequently, appellant left more flowers and a letter for the victim.
Appellant called the home in which the victim was staying on April 28, 1994. The victim again told appellant that the romance was over. The victim testified, "I thought he would potentially kill me. He had tried before. There had been physical abuse in our relationship. I was scared for my life."
On May 1, 1994, the victim signed a complaint and affidavit charging appellant with menacing by stalking. Following a bench trial, appellant was found guilty as charged and sentenced as appears of record. Appellant raises six assignments of error for our review.
Appellant's first assignment of error alleges that R.C.
Bearing in mind these general principles, we turn to appellant's argument that the antistalking statute is void for vagueness. The vagueness doctrine, which is premised on the due process provision of the Fourteenth Amendment,1 requires a statute to give "fair notice of offending conduct." A statute is void for vagueness if it "`fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute' * * * [or if] it encourages arbitrary and erratic arrests and convictions." Papachristou v.Jacksonville (1972),
"Three `values' rationales are advanced to support the `void for vagueness' doctrine. * * * These values are first, to provide fair warning to the ordinary citizen so behavior may comport with the dictates of the statute; second, to preclude arbitrary, capricious and generally discriminatory enforcement by officials given too much authority and too few constraints; and third, to ensure that fundamental constitutionally protected freedoms are not unreasonably impinged or inhibited."
The Constitution demands more clarity of laws which threaten to inhibit constitutionally protected conduct. Grayned v.Rockford (1972),
R.C.
"(A) No person by engaging in a pattern of conduct shall knowingly cause another to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.
"* * *
"(C) As used in this section:
(1) "Pattern of conduct" means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents."
Appellant argues that R.C.
The elements of menacing by stalking, R.C.
A statute that is vague in some applications can be salvaged by a scienter requirement. Hoffman Estates, supra,
"A person acts knowingly, regardless of his purpose, when he is aware that his conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when he is aware that such circumstances probably exist."
Taking the statute as a whole, we hold that "pattern of conduct" is sufficiently defined as "two or more actions or incidents." The language is simple and easily understood. One action or incident is not sufficient to invoke the statute. The phrase "closely related in time," while it may have a variety of shades of meaning depending upon the context of its use, is not unduly vague as used in the statute. The statute does not attempt to define the exact time frame within which the two or more actions or incidents must occur. However, in failing to set forth a time frame, R.C.
Further, the statute requires that the offender act knowingly. In order to be convicted under the statute, the offender must be aware that his conduct will probably cause the other person to believe the offender will cause him or her physical harm or mental distress. The scienter requirement vitiates any claim that the statute's purported vagueness could mislead a person of ordinary intelligence into misunderstanding what is prohibited. Viewing the statute in its *239 entirety, we hold that a person of ordinary intelligence would be able to discern what conduct is prohibited. The statute on its face does not implicate speech or expression or freedom of movement, it criminalizes conduct only when taken with the requisite mental state. Id.
Additionally, we hold that the statute establishes sufficient guidelines for its enforcement. The enforcement of all criminal statutes involves the exercise of discretion on the part of law enforcement personnel. The statute is narrow in scope and sufficiently explicit to provide law enforcement personnel guidelines as to its proper use and does not encourage arbitrary enforcement.
Finally, we hold that while the statute may affect in some way a person's freedom of movement, the statute passes constitutional muster because the state has a sufficiently compelling interest in protecting its citizens from the consequences of stalking behavior. We hold that R.C.
Appellant also argues that R.C. 2903.311 is unconstitutionally overbroad. The critical question to be addressed in an overbreadth challenge is "whether the [statute] sweeps within its prohibitions what may not be punished under the First * * * Amendment." Grayned, supra,
We must determine whether R.C.
We hold that R.C.
Because we conclude that R.C.
For his second assignment of error, appellant alleges that R.C.
Under the facts in this case, appellant did not have a constitutionally protected right to knowingly cause the victim to believe that he would cause her physical harm or mental distress by engaging in one or more actions closely related in time. Appellant has not presented any evidence of a presently existing set of facts which makes the statute void and unenforceable when applied thereto. The second assignment of error is overruled.
Appellant's third assignment of error, which alleges that appellant's trial counsel was ineffective for failing to raise the question of the constitutionality of R.C.
Appellant's fourth, fifth and sixth assignments of error, which he argues together, allege that his conviction for menacing by stalking was based upon insufficient evidence and was against the manifest weight of the evidence, and that the trial court erred in overruling his Crim.R. 29 motion for acquittal. The assignments of error are overruled.
In State v. Woodgeard (Apr. 29, 1994), Fairfield App. No. 45-CA-SEP-1993, unreported, 1994 WL 167928, the court upheld a conviction under R.C.
A conviction under R.C.
In the case sub judice, the prosecution presented evidence that appellant assaulted the victim, followed her, telephoned her at home and work, came to the house where she was staying, left unwanted flowers and notes for the victim, showed up at her place of employment, threatened her career and caused her to fear for her life. Based upon these facts, we hold that the record contains substantial evidence from which the trial court could have reasonably concluded that the elements of menacing by stalking had been proved beyond a reasonable doubt, and that appellant was the perpetrator of the crime. See State v. Eley
(1978),
The judgment of the trial court is affirmed.
Judgment affirmed.
GORMAN, P.J., DOAN and HILDEBRANDT, JJ., concur.