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89 Obscenitv and Sex Offenses 533.06 <br />533.04 SEXUAL IMPOSITION. <br />(a) No person shall have sexual contact with another, not the spouse of the offender; <br />cause another, not the spouse of the offender, to have sexual contact with the offender; or cause <br />two or more persons to have selcual contact when any of the following applies: <br />(1) The offender knows that the sexual contact is offensive to the other <br />person, or one of the other persons, or is reckless in that regard. <br />(2) The offender knows that the other person's or one of the other person's <br />ability to appraise the nature of or control the offender's or touching <br />person's conduct is substantially impaired. <br />(3) The offender knows that the other person or one of the other persons <br />submits because of being unaware of the sexual contact. <br />(4) The other person or one of the other persons is thirteen years of age or <br />older but less than sixteen years of age, whether or not the offender knows <br />the age of such person, and the offender is at least eighteen years of age <br />and four or more years older than such other person. <br />(5) The offender is a mental health professional, the other person or one of <br />the other persons is a mental health client or patient of the offender, and <br />the offender induces the other person who is the client or patient to submit <br />by falsely representing to the other person who is the client or patient that <br />the sexual contact is necessary for mental health treatment purposes. <br />(b) No person shall be convicted of a violation of this section solely upon the victim's <br />testimony unsupported by other evidence. <br />(c) Whoever violates this section is guilty of sexual imposition, a misdemeanor of the <br />third degree. If the offender previously has been convicted of a violation of Ohio R.C. 2907.02, <br />2907.03, 2907.04, 2907.05, 2907.06 or 2907.12, or a substantially similar municipal ordinance, <br />a violation of this section is a misdemeanor of the ,first degree. (ORC 2907.06) <br />533.05 IMPORTLTNING. <br />(EDITOR'S NOTE: Former Section 533.05 has been deleted from the Codified <br />Ordinances. Section 533.05 was identical to Ohio R.C. 2907.07(B) which the Ohio Supreme <br />Court held to be unconstitutional in State v. Thompson, 95 Ohio St. 3rd 264 (2002).) <br />533.06 VOYEURISM. <br />(a) No person, for the purpose of sexually arousing or gratifying the person's self, shall <br />commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop <br />upon another. <br />(b) No person, for the purpose of sexually arousing or gratifying the person's self, shall <br />commit trespass or otherwise surreptitiously invade the privacy of another to videotape, film, <br />photograph, or otherwise record the other person in a state of nudity. <br />(c) No person, for the purpose of sexually arousing or gratifying the person's self, shall <br />commit trespass or otherwise surreptitiously invade the privacy of another to videotape, film, <br />photograph, or otherwise record the other person in a state of nudity if the other person is a minor. <br />(d) No person shall secretly or surreptitiously videotape, film, photograph, or otherwise <br />record another person under or through the clothing. being worn by that other person for the <br />purpose of viewing the body of, or the undergarments worn by, that other person. <br />2006 Replacement