(a) No person shall knowingly enter on or remain upon the land, dwelling, structure, premises or other property of another, or otherwise commit the offense of trespassing, as defined by law, and while thus situated, look or attempt to look at another through any window, door or transom of a dwelling or other structure located thereon, or otherwise surreptitiously eavesdrop or spy upon another therein and thereby recklessly invade or violate the privacy of another.
(b) The provisions of subsection (a) do not apply to:
(1) Any activity undertaken in the course of bona fide law enforcement or corrections activity or necessary to the proper functioning of the criminal justice system.
(2) Bona fide fire, life safety, first responder, or other rescue activity in response to reports of actual, imminent, or threatened physical injury or property damage.
(c) As used in this section, except as the context requires otherwise:
(1) “Enter” means entry into or upon the land, dwelling or other property of another without the permission of the owner or other person entitled to possession, or at times when the entrant is not otherwise licensed or privileged to enter, or in a manner that violates a covenant, condition, or other restriction upon the person of the person’s use of the land, dwelling or other property.
(2) “Land” means privately-owned real property upon and within the bounds of which stands a dwelling or other building, including the yards or landscaped areas surrounding or adjacent to a dwelling or building.
(3) “Dwelling” means a building that in whole or in part, on either a regular or intermittent basis, is intended for occupancy by a person lodging therein. Where a building consists of separate dwelling units, including, but not limited to separate apartments or rented rooms, each unit is, in addition to being a part of such building, a separate dwelling.
(4) “Invade or violate the privacy of another” refers to a person’s act of obtaining views of another person in the other person’s dwelling in a manner that violates a privacy interest of the other person protected under state or federal law, including but not limited to viewing or attempting to view another person in a state of partial or full nudity.
(d) Whoever violates subsection (a) is guilty of invasion of privacy, a misdemeanor of the first degree. Any person convicted of invasion of privacy who has, within the previous five years, been convicted of a violation of any provisions within Ohio R.C. Chapter 2907 (Obscenity and Sex Offenses) or of any violation of any provisions within Ohio R.C. Chapter 2903 (Offenses Against Persons) or of any crime of violence or otherwise has been identified as a sexual predator, then the Court shall impose a sentence which includes:
(1) Maximum penalty allowed by law, suspension of not more than 150 days, with 30 days jail served via 90 days house arrest, and conditioned upon multiple terms of probation, as follows:
A. Maximum term of probation;
B. Maximum fine, suspended only if applied, in fact, to pay for treatment or electronically monitored house arrest;
C. Mandatory treatment and reporting requirements, including random alcohol and drug screening;
(2) Mandatory order to cease and desist further violations and to have no contract or communication with the victim, their family members, and to remain more than 100 yards away from the said victim as well as the property where the offense took place.
(Ord. 2002-102. Passed 8-20-02.)