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537.10 GENERAL OFFENSES CODE 98 <br />(4) Institute or threaten criminal proceedings against any person; <br />(5) Take or withhold, or threaten. to take or withhold official action, or cause <br />or threaten to cause official action to be taken or withheld. <br />(b) Subsections (a)(4) and (5) hereof shall not be construed to prohibit a prosecutor <br />or court from doing any of the following in good faith and in the interest of justice: <br />(1) Offering or agreeing to grant, or granting immunity from prosecution <br />pursuant to Ohio R.C. 2945.44; <br />(2) In return for a plea of guilty to one or more offenses charged or to one or <br />more other or lesser offenses, or in return for the testimony of the accused <br />in a case to which the accused is not a patty, offering or agreeing to <br />dismiss, or dismissing one or more charges pending against an accused, <br />or offering or agreeing to impose, or imposing a certain sentence or <br />modification of sentence; <br />(3) Imposing community control sanction on certain conditions, including <br />without limitation requiring the offender to make restitution or redress to <br />the victim of the offense. <br />(c) It is an affirmative defense to a charge under subsection (a)(3), (4) or (5) hereof <br />that the actor's conduct was a reasonable response to the circumstances that occasioned it, and that <br />the actor's purpose was limited to any of the following: . <br />(1) Compelling another to refrain from misconduct or to desist from further <br />misconduct; <br />(2) Preventing or redressing a wrong or injustice; <br />(3) Preventing another from taking action for which the actor reasonably <br />believed the other person to be disqualified; <br />(4) Compelling another to take action that the actor reasonably believed the <br />other person to be under a duty to take. <br />degree. <br />(d) Whoever violates this section is guilty of coercion, a misdemeanor of the second <br />(e) As used in this section: <br />(1) "Threat" includes a direct threat and a threat by innuendo. <br />(2) "Community control sanction" has the same meaning as in Ohio R.C. <br />2929.01.. (ORC 2905.12) <br />537.10 TELECOMMUNICATION HARASSMENT. <br />(a) No person shall knowingly make or cause to be made a telecommunication, or <br />knowingly permit telecommunication to be made from a telecommunications device under the <br />person's control, to another, if the caller does any of the following: <br />(1) Fails to identify the caller to the recipient of the telecommunication and <br />makes the telecommunication with purpose to harass, or abuse, any person <br />at the premises to which the telecommunication is made, whether or not <br />actual communication takes place between the caller and a recipient; <br />(2) Describes, suggests, requests, or proposes that the caller, the recipient of <br />the telecommunication, or any other person engage in sexual activity, and <br />the recipient or another person at the premises to which the <br />telecommunication ismade has requested, in a previous telecommunication <br />or in the immediate telecommunication, that the caller not make a <br />telecommunication to the recipient or to the premises to which the <br />telecommunication is made; . <br />(3) During the telecommunication, violates Ohio R.C. 2903.21; <br />2003 Replacement <br />