(A)Whoever violates section5104.02of the Revised Code shall be punished as follows:
(1)For each offense, the offender shall be fined not less than one hundred dollars nor more than five hundred dollars multiplied by the number of children receiving child care at the child care center or type A family child care home that either exceeds the number of children to which a type B family child care home may provide child care or, if the offender is a licensed type A family child care home that is operating as a child care center without being licensed as a center, exceeds the license capacity of the type A home.
(2)In addition to the fine specified in division (A)(1) of this section, all of the following apply:
(a)Except as provided in divisions (A)(2)(b), (c), and (d) of this section, t
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(A) Whoever violates section5104.02of the Revised Code shall be punished as follows:
(1) For each offense, the offender shall be fined not less than one hundred dollars nor more than five hundred dollars multiplied by the number of children receiving child care at the child care center or type A family child care home that either exceeds the number of children to which a type B family child care home may provide child care or, if the offender is a licensed type A family child care home that is operating as a child care center without being licensed as a center, exceeds the license capacity of the type A home.
(2) In addition to the fine specified in division (A)(1) of this section, all of the following apply:
(a) Except as provided in divisions (A)(2)(b), (c), and (d) of this section, the court shall order the offender to reduce the number of children to which it provides child care to a number that does not exceed either the number of children to which a type B family child care home may provide child care or, if the offender is a licensed type A family child care home that is operating as a child care center without being licensed as a center, the license capacity of the type A home.
(b) If the offender previously has been convicted of or pleaded guilty to one violation of section5104.02of the Revised Code, the court shall order the offender to cease the provision of child care to any person until it obtains a child care center license or a type A family child care home license, as appropriate, under section5104.03of the Revised Code.
(c) If the offender previously has been convicted of or pleaded guilty to two violations of section5104.02of the Revised Code, the offender is guilty of a misdemeanor of the first degree, and the court shall order the offender to cease the provision of child care to any person until it obtains a child care center license or a type A family child care home license, as appropriate, under section5104.03of the Revised Code. The court shall impose the fine specified in division (A)(1) of this section and may impose an additional fine provided that the total amount of the fines so imposed does not exceed the maximum fine authorized for a misdemeanor of the first degree under section2929.28of the Revised Code.
(d) If the offender previously has been convicted of or pleaded guilty to three or more violations of section5104.02of the Revised Code, the offender is guilty of a felony of the fifth degree, and the court shall order the offender to cease the provision of child care to any person until it obtains a child care center license or a type A family child care home license, as appropriate, under section5104.03of the Revised Code. The court shall impose the fine specified in division (A)(1) of this section and may impose an additional fine provided that the total amount of the fines so imposed does not exceed the maximum fine authorized for a felony of the fifth degree under section2929.18of the Revised Code.
(B) Whoever violates section5104.09of the Revised Code is guilty of a misdemeanor of the third degree.
Last updated August 6, 2025 at 4:14 PM