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H. B. No. 380 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Blessing, Lehner, Stebelton, Derickson, Harris, Combs, Murray, Phillips, Beck
A BILL
To amend section 2907.06 of the Revised Code to
increase the penalty for a first offense of sexual
imposition to a misdemeanor of the first degree in
specified circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2907.06 of the Revised Code be
amended to read as follows:
Sec. 2907.06. (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 other 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.
(5) The offender is a mental health professional, the other
person or one of the other persons is a mental health client or
patient of the offender, and the offender induces the other person
who is the client or
patient to submit by falsely representing to
the other person who is the client or
patient that the sexual
contact is necessary for mental
health treatment purposes.
(B) No person shall be convicted of a violation of this
section solely upon the victim's testimony unsupported by other
evidence.
(C)(1) Whoever violates this section is guilty of sexual
imposition,.
(2) A violation of division (A)(1), (2), or (3) of this
section is a misdemeanor of the third degree. If the offender
previously
has been convicted of a violation of this section or of
section 2907.02,
2907.03, 2907.04, 2907.05, or 2907.12 of the
Revised Code, a
violation of division (A)(1), (2), or (3) of this
section is a misdemeanor of the
first degree.
(3) A violation of division (A)(4) or (5) of this section is
a misdemeanor of the first degree.
Section 2. That existing section 2907.06 of the Revised Code
is hereby repealed.
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