64-00 Amend 537.18 Ethnic Intimidation

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PLEASE SUBSTITUTE FOR ORDINANCE NO. 64-00 PLACED ON Ia READING AND REFERRED TO RULES AND ORDINANCES CMTE. 11/6/00, PLACED ON 2"a READING 11/20/00. ORDINANCE NO. 64-00 BY: Corrigan, FitzGerald, George, Roth Ski ndel 1. AN ORDINANCE to amend §537.18, Ethnic InUmidation, of the Codified Ordinances of the City of Lakewood to change the title to "Intimidation" and to create a separate offense for cdmes perpetrated against individuals by reason of their actual or · perceived sexual orientation. WHEREFORE, currently §537.18, Ethnic Intimidation, creates a separate offense for crimes perpetrated against individuals by reason of their race, color, religion or national origin and enhances the penalty for the underlying crime by one degree; and WHEREFORE, it is important to protect all members of our community from incidents of intimidation so that Lakewood maintains its reputation of respecting all persons. Now, therefore, BE 13' ORDAINED BY THE C1TY OF LAKEWOOD, STATE OF OHIO: Section 1. That §537.18 the Codified Ordinances of the City of Lakewood, currently reading as follows: 537.18 ETHNIC INTIMIDATION (a) No person shall violate Section 537.05, 537.06, 537.10(a)(3), (4) or (5), 541.03 or 541.04 by reason of race, color, religion or national origin of another person or group of persgns. (b) Whoever violates this section is gUilty of ethnic intimidation. Ethnic intimidation is an offense of the next higher degree than the offense the commission of which is a necessary element of ethnic intimidation. In the case of an offense that is a misdemeanor of the first degree, whoever violates this section shall be prosecuted under Ohio R.C. 2927.12. shall be and is hereby amended to read as follows: 537.18 INTIMIDATION (a) No person shall violate Section 537.05, 537.06, 537.10(a)(3), (4) or (5), 541.03 or 541.04 by reason of race, color, religion or national origin of another person or group of persons. (b) No' person shall violate Section 537.06, 541.03, or 541.04 by reason of actual or perceived sexual orientation, age, gender, or disability as defined by Ohio R.C. 3304.11{A), of another person or group of persons. (c) Whoever violates subsection (a) of this section is guilty of intimidation. A violation of Intimidation under subsection (a) is an offense of the next higher degree than the offense the commission of which is a necessary element of intimidation. In the case of an offense that is a misdemeanor of the first degree, whoever violates this section shall be prosecuted under Ohio R.C. 2927.12.