1996 026 Ordinance - Laserfiche WebLink

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Section 17. Section 537.15 of the General Offenses Code is hereby amended to read as follows: 537.15 TEMPORARY PROTECTION ORDER. (a) No person shall recklessly violate any terms of a protection order issued or consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31 or the terms of an anti-stalking protection order issued pursuant to Ohio R. C. 2903.213. (b) Whoever violates this section is guilty of violating a protection order or consent agreement or anti-stalking protection order. (1) If the offense involves a violation of a protection order or consent agreement, violating a protection order or consent agreement or anti- stalking protection order is a misdemeanor of the first degree unless the ' offender previously has been convicted of or pleaded guilty to two or more violations of Ohio R.C. 2903.211 or 2911.211 that involve the same person who is the subject of the protection order or consent agreement or previously has been convicted of or pleaded guilty to one or more violations of Ohio R. C, 2919.27; (2) If the offense involves a violation of an anti-stalking protection order, violating a protection order or consent agreement or anti-stalking protection order is a misdemeanor of the first degree unless the offender previously has been convicted of or pleaded guilty to two or more violations of Ohio R. C. 2919.27 involving an anri-stalking protection order, two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22 or 2911.211 that involve the same person who is the subject of the anti-stalking protection order, or two or more violations of Ohio R.C. 2903.214 as it existed prior to July 1, 1996. (ORC 2919.27) Section 18. Section 537.16 of the General Offenses Code is hereby amended to read as follows: 537.16 CRIMINAL CHILD ENTICEMENT. (a) No person, by any means and without privilege to do so, shall knowingly solicit, coax, entice or lure any child under fourteen years of age to enter into any vehicle, as defined in Ohio R.C. 4501.01, whether or not the offender knows the age of the child, if both of the following apply: (1) The actor does not have the express or implied permission of the parent, guardian or other legal custodian of the child in undertaking the activity; (2) The actor is not a law enforcement officer, medic, firefighter, or other person who regularly provides emergency services, and is not an employee or agent of, or a volunteer acting under the direction of any Board of Education, or the actor is any of such persons, but, at the time the actor undertakes the activity, the actor is not acting within the scope of the actor's lawful duties in that capacity. (b) It is an affirmative defense to a charge under subsection (a) hereof that the actor undertook the activity in response to a bona fide emergency situation or that the actor undertook the activity in a reasonable belief that it was necessary to preserve the health, safety or welfare of the child. (c) Whoever violates this secrion is guilty of criminal child enricement, a misdemeanor of the first degree if the offender has not previously been convicted of a violation of Ohio R.C. 2905.05, 2907.02, 2907.03 or 2907.12, or Ohio R.C. 2905.01 or 2907.05 when the victim of that prior offense was under seventeen years of age at the time of the offense. (ORC 2905.05) Section 19. Section 541.02 of the General Offenses Code is hereby amended to read as follows: