State v. Gravelle - Pound Pup Legacy

2002-Ohio-2126, 79 (noting that courts do not evaluate witness credibility whenreviewing a sufficiency of the evidence claim).{ 38} Appellants first contend that the evidence was insufficient to convict themof endangering children pursuant to R.C. 2919.22(B)(1), because the state failed to putforth evidence of "serious physical harm" as that term is defined in R.C.2901.01(A)(5)(a)-(e). This argument is without merit as the state was not required to putforth evidence of "serious physical harm" to convict appellants of R.C. 2919.22(B)(1).The elements of the offense are as follows:{ 39} "No person shall do any of the following to a child under eighteen years ofage or a mentally or physically handicapped child under twenty-one years of age:{ 40} "Abuse the child;"{ 41} R.C. 2151.03.1 defines an abused child as:{ 42} "any child who:{ 43} "(A) Is the victim of "sexual activity" as defined under Chapter 2907. of theRevised Code, where such activity would constitute an offense under that chapter, exceptthat the court need not find that any person has been convicted of the offense in order tofind that the child is an abused child;{ 44} "(B) Is endangered as defined in section 2919.22 of the Revised Code,except that the court need not find that any person has been convicted under that sectionin order to find that the child is an abused child;13.