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(d) Whoever violates this section is guilty of coercion, a misdemeanor of the second <br />degree. <br />(e) As used in this section "threat" includes a direct threat and a threat by innuendo. <br />(ORC 2905.12) <br />537.10 TELEPHONE HARASSMENT. <br />(a) No person shall knowingly make or cause to be made a telephone call, or <br />knowingly permit a telephone call to be made from a telephone under the person's control, to <br />another if the caller does any of the following: <br />(1) Fails to identify the caller to the recipient of the telephone call and <br />makes the telephone call with purpose to harass, abuse or annoy any <br />person at the premises to which the telephone call is made, whether or <br />not conversation takes place during the telephone. call; <br />(2) Describes, suggests, requests or proposes that the caller, recipient of <br />the telephone call or any other person engage in any sexual activity as <br />defined in Section 533.01, and the recipient of the telephone call, or <br />another person at the premises to which the telephone call is made, has <br />requested, in a previous telephone call or in the unmediate telephone <br />call, the caller not to make a telephone call to the recipient of the <br />telephone call or to the premises to which the telephone call is made; <br />(3) During the telephone call, violates Section 537.05; <br />(4) Knowingly states to the recipient of the telephone call that the caller <br />intends to cause damage to or destroy public or private property, and <br />the recipient of the telephone call, any member of the family .of the <br />recipient of the telephone call or any other person who resides at the <br />premises to which the telephone call is made owns, leases, resides or <br />works in, will at the time of the destruction or damaging be near or in, <br />has the responsibility of protecting or insures the property that will be <br />destroyed or damaged; <br />(5) Knowingly makes the telephone call to the recipient of the telephone <br />call, to another person at the premises to which the telephone call is <br />made or to the premises to which the telephone call is made, and the <br />recipient of the telephone call, or another person at the premises to <br />which the telephone call is made, previously has told the caller not to <br />call the premises to which the telephone call is made or not to call any <br />persons at the premises to which the telephone call is made. <br />(b) No person shall make or cause to be made a telephone call or permit a telephone <br />call to be made from a telephone under the person's control, with purpose to abuse, threaten, <br />annoy or harass another person. <br />(c) (1) Whoever violates this section is guilty of telephone harassment. <br />(2) A violation of subsections (a)(1), (2), (3) or (5) or (b) hereof is a <br />misdemeanor of the first degree on a first offense. Each subsequent <br />offense involving the same person, recipient, or premises is a felony and <br />shall be prosecuted under appropriate State law. <br />(3) Whoever violates subsection (a)(4) hereof is guilty of a misdemeanor of <br />the first degree for a first offense. For each subsequent offense or if a <br />violation of subsection (a)(4) hereof results in economic harm of five <br />hundred dollars ($500.00) or more, a violation of subsection (a)(4) <br />hereof is a felony and shall be prosecuted under appropriate State law. <br />1998 Replacement <br />