537.10  TELECOMMUNICATION HARASSMENT.
   (a)   No person shall knowingly make or cause to be made a telecommunication, or knowingly permit telecommunication to be made from a telecommunications device under his control, to another, if the caller/sender does any of the following:
      (1)   Fails to identify herself/himself to the recipient of the telecommunication and makes the telecommunication with purpose to harass, or abuse, any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller/sender and a recipient;
      (2)   Describes, suggests, requests or proposes that the caller/sender, the recipient of the telecommunication, or any other person engage in any sexual activity, and the recipient, or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller/sender not make a telecommunication to the recipient or to the premises to which the telecommunication is made;
      (3)   During the telecommunication, violates Ohio R.C. 2903.21;
      (4)   Knowingly states to the recipient of the telecommunication that the caller/sender intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient’s family, or any other person who resides at the premises to which the telecommunication call is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged;
      (5)   Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller/sender not to make a telecommunication to those premises or to any person at those premises.
   (b)   No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under his control, with purpose to abuse, threaten, or harass another person.
   (c)   As used in this section, “telecommunication” and “telecommunications device” shall have the same meaning as in Section 545.01.
   (d)   Whoever violates this section is guilty of telephone harassment, a misdemeanor of the first degree, if the offender has not previously been convicted of a violation of this section or Ohio R.C. 2917.21.  (Ord.  58-06.  Passed 10-2-06.)