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| To amend section 2907.06 of the Revised Code to | 1 |
| increase the penalty for a first offense of sexual | 2 |
| imposition to a misdemeanor of the first degree in | 3 |
| specified circumstances. | 4 |
| Section 1. That section 2907.06 of the Revised Code be | 5 |
| amended to read as follows: | 6 |
| Sec. 2907.06. (A) No person shall have sexual contact with | 7 |
| another, not the spouse of the offender; cause another, not the | 8 |
| spouse of the offender, to have sexual contact with the offender; | 9 |
| or cause two or more other persons to have sexual contact when any | 10 |
| of the following applies: | 11 |
| (1) The offender knows that the sexual contact is offensive | 12 |
| to the other person, or one of the other persons, or is reckless | 13 |
| in that regard. | 14 |
| (2) The offender knows that the other person's, or one of the | 15 |
| other person's, ability to appraise the nature of or control the | 16 |
| offender's or touching person's conduct is substantially impaired. | 17 |
| (3) The offender knows that the other person, or one of the | 18 |
| other persons, submits because of being unaware of the sexual | 19 |
| contact. | 20 |
| (4) The other person, or one of the other persons, is | 21 |
| thirteen years of age or older but less than sixteen years of age, | 22 |
| whether or not the offender knows the age of such person, and the | 23 |
| offender is at least eighteen years of age and four or more years | 24 |
| older than such other person. | 25 |
| (5) The offender is a mental health professional, the other | 26 |
| person or one of the other persons is a mental health client or | 27 |
| patient of the offender, and the offender induces the other person | 28 |
| who is the client or patient to submit by falsely representing to | 29 |
| the other person who is the client or patient that the sexual | 30 |
| contact is necessary for mental health treatment purposes. | 31 |
| (B) No person shall be convicted of a violation of this | 32 |
| section solely upon the victim's testimony unsupported by other | 33 |
| evidence. | 34 |
| (C)(1) Whoever violates this section is guilty of sexual | 35 |
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imposition | 36 |
| (2) A violation of division (A)(1), (2), or (3) of this | 37 |
| section is a misdemeanor of the third degree. If the offender | 38 |
| previously has been convicted of a violation of this section or of | 39 |
| section 2907.02, 2907.03, 2907.04, 2907.05, or 2907.12 of the | 40 |
| Revised Code, a violation of division (A)(1), (2), or (3) of this | 41 |
| section is a misdemeanor of the first degree. | 42 |
| (3) A violation of division (A)(4) or (5) of this section is | 43 |
| a misdemeanor of the first degree. | 44 |
| Section 2. That existing section 2907.06 of the Revised Code | 45 |
| is hereby repealed. | 46 |