1996 026 Ordinance - Laserfiche WebLink

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Section 15. Secrion 533.04 of the General Offenses Code is hereby amended to read as follows: 533.04 SEXUAL IMPOSITION. (a) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more persons to have sexual contact when any of the following applies: (1) The offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard. (2) The offender knows that the other person's or one of the other person's ability to appraise the nature of or control the offender's or touching person's conduct is substantially impaired. " (3) The offender knows that the other person or one of the other persons submits because of being unaware of the sexual contact. (4) The other person or one of the other persons is thirteen years of age or older but less than sixteen years of age, whether or not the offender knows the age of such person, and the offender is at least eighteen years of age and four or more years older than such other person. (b) No person shall be convicted of a violation of this section solely upon the victim's testimony unsupported by other evidence. (c) Whoever violates this secrion is guilty of sexual imposition, a misdemeanor of the third degree. If the offender previously has been convicted of a violation of Ohio R. C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06 or 2907.12, or a substantially similar municipal ordinance, a violation of this section is a misdemeanor of the first degree. (ORC 2907.06) Secrion 16. Secrion 537.051 of the General Offenses Code is hereby amended to read as follows: 537.051 MENACING BY STALHING. (a) No person by engaging in a pattern of conduct shall knowingly cause another to believe that the offender will cause physical harm to the other person or cause mental distress to the other person. (b) Whoever- violates subsection (a) hereof is guilty of inenacing by stalking, a misdemeanor of the first degree unless the offender previously has been convicted of or pleaded guilty to a violation of subsection (a) hereof or Ohio R. C. 2903.211 involving the same person who is the victim of the current offense. (c) As used in this section: (1) "Pattern of conduct" means two or more actions or incidents closely related in rime, whether or not there has been a prior conviction based on any of those actions or incidents. (2) "Mental distress" means any mental illness or condition that involves some temporary substantial incapacity or mental illness or condition that would normally require psychiatric treatment. (ORC 2903.211)