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(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 13 years of age or older but less than 16 years of age, whether or not the offender knows the age of the person, and the offender is at least 18 years of age and four or more years older than the 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) Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree. If the offender has been convicted previously of a violation of this section, Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, former Ohio R.C. 2907.12, or a substantially equivalent state law or municipal ordinance, a violation of this section is a misdemeanor of the first degree.
(ORC 2907.06)
Statutory reference:
Gross sexual imposition, felony, see Ohio R.C. 2907.05
Notice to licensing board or agency upon indictment, conviction or guilty plea of mental health professional, see Ohio R.C. 2907.17 and 2907.18
(EDITOR’S NOTE: This section, formerly based on Ohio R.C. 2907.07, was repealed because the underlying misdemeanor offense (importuning – solicitation of a person of the same sex to engage in sexual activity with the offender, when the offender knows the solicitation is offensive to the other person, or is reckless in that regard) was held unconstitutional in State v. Thompson, 767 N.E.2d 251 (Ohio 2002) (holding that the statute imposed an unconstitutional content-based restriction on speech). For felony provisions, see Ohio R.C. 2907.07(A), (C), (D) and (E).)
(a) No person, for the purpose of sexually arousing or gratifying himself or herself, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.
(b) No person, for the purpose of sexually arousing or gratifying himself or herself, shall commit trespass or otherwise surreptitiously invade the privacy of another to videotape, film, photograph, or otherwise record the other person in a state of nudity.
(c) No person, for the purpose of sexually arousing or gratifying himself or herself, shall commit trespass or otherwise surreptitiously invade the privacy of another to videotape, film, photograph, otherwise record, or spy or eavesdrop upon the other person in a state of nudity if the other person is a minor.
(d) No person shall secretly or surreptitiously videotape, film, photograph, or otherwise record another person under or through the clothing being worn by that person for the purpose of viewing the body of, or the undergarments worn by, that other person.
(e) Whoever violates this section is guilty of voyeurism.
(1) A violation of division (a) of this section is a misdemeanor of the third degree.
(2) A violation of division (b) of this section is a misdemeanor of the second degree.
(3) A violation of division (d) of this section is a misdemeanor of the first degree.
(4) A violation of division (c) of this section is a felony to be prosecuted under appropriate State law.
(ORC 2907.08)
(a) No person shall recklessly do any of the following, under circumstances in which his or her conduct is likely to be viewed by and affront others, not members of his or her household:
(1) Expose his or her private parts, or engage in masturbation.
(2) Engage in sexual conduct.
(3) Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.
(4) Appear in a state of nudity;
(5) Fondle the genitals of himself or herself or another person.
(Ord. 297-1992. Passed 12-21-92.)
(b) Whoever violates this section is guilty of public indecency. Except as otherwise provided in this division, public indecency is a misdemeanor of the fourth degree.
(1) If the offender previously has been convicted of or pleaded guilty to one violation of this section or a substantially equivalent state law or municipal ordinance, public indecency is a misdemeanor of the third degree.
(2) If the offender previously has been convicted of or pleaded guilty to two violations of this section or a substantially equivalent state law municipal ordinance, public indecency is a misdemeanor of the second degree.
(3) If the offender previously has been convicted of or pleaded guilty to three or more violations of this section or a substantially equivalent state law or municipal ordinance, public indecency is a misdemeanor of the first degree.
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