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<br />Ordinance No. 2002-102
<br />Page 2
<br />"533.15 INVASION OF PRIVACY.
<br />(a) No person sha11 knowingly enter on or remain upon the land, dwelling, structure,
<br />premises or other property of another, or otherwise commit the offense of trespassing, as
<br />defined by law, and while thus situated, laok or attempt to look at another through any
<br />window, door or transom of a dwelling or other structure located thereon, or otherwise
<br />suneptitiously eavesdrop or spy upon another therein and thereby recklessly invade or
<br />violate the privacy of another.
<br />(b) The provisions of subsection (a) do not apply to:
<br />1. Any activity undertaken in the course of bona fide law enforcement or
<br />corrections activity or necessary to the proper functioning of the criminal
<br />justice system
<br />2. Bona fide fire, life safety, first responder, or other rescue activity in response to
<br />reports of, actual, imminent, or threatened physical injury or property damage.
<br />(c) As used in this section, except as the context requires otherwise:
<br />1. "Enter," means entry into or upon the land, dwelling or other property of
<br />another without the permission of the owner or other persons entitled to
<br />possession, or at times when the entrant is not otherwise licensed or privileged
<br />to enter, or in a manner that violates a covenant, condition, or other restriction
<br />upon the person of the person's use of the land, dwelling or other property.
<br />2. "Land," means privately-owned real property upon and within the bounds of
<br />which stands a dwelling or other building, includmg the yards or landscaped
<br />areas surrounding or adjacent to a dwelling or building.
<br />3. "Dwelling," means a building that in whole or in part, on either a regular or
<br />internuttent basis, is intended for occupancy by a person lodging therem.
<br />Where a building consists of separate dwelling umts, including but not limited
<br />to separate apartments or rented rooms, each unit is, in addition to being a part
<br />of such building, a separate dwelling.
<br />4. "Invade or violate the privacy of another," refers to a person's act of obtaining
<br />views of another person in the other person's dwelling m a manner that violates
<br />a privacy interest of the other person protected under state or federallaw,
<br />including but not limited to viewmg or attempting to view another person in a
<br />state of partial or full nudity.
<br />(d) Whoever violates subsection (a) is guilty of Invasion of Privacy, a misdemeanor of
<br />the First Degree. Any person convicted of Invasion of Privacy who has, within the
<br />previous five years, been convicted of a violation of any provisions within Revised Code
<br />Chapter 2907 (Obscenity and Sex Offenses) or of any violation of any provisions within
<br />Revised Code Chapter 2903 (Offenses Agasnst Persons) or of any cnme of violence or
<br />otherwise has been identified as a sexual predator, then the Court shall impose a sentence
<br />which includes:
<br />1. Maximum penalty allowed by law, suspension of not more than 150 days, with
<br />30 days jail served via 90 days house arrest, and conditioned upon multiple
<br />terms of probation, as follows;
<br />A. maximum term of probation;
<br />B. maximum fine, suspended only if applied, in fact, to pay for
<br />treatment or electronically monitored house arrest;
<br />C. mandatory treatment and reporting requirements, including random
<br />alcohol and drug screening;
<br />2. Mandatory order to cease and desist further violations and to have no
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