541.09 INTIMIDATION BASED UPON SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION.

   (a)    No person shall knowingly violate Ohio R.C. 2903.21, 2903.22, 2909.06, 2909.07 or 2917.21(A)(3) to (5) or Sections 537.05, 537.06, 537.10(a)(3) to (5), 541.03 or 541.04 of the General Offenses Code when the conduct constituting the offense is done with purpose to intimidate the victim of such offense by reason of the victim’s sexual orientation, gender identity or expression.

   (b)   Whoever violates this section is guilty of intimidation based upon sexual orientation, gender identity or expression. A violation of this section is an offense of the next higher degree than the offense the commission of which is a necessary element of intimidation based upon sexual identity, gender identity or expression provided that in the event the offense of the next higher degree shall be a felony, then the degree of the offence shall be the same as for the offense the commission of which is a necessary element of intimidation based upon sexual orientation, gender identity or expression.

   (c)    As used in this Section, “Intimidate” means to unlawfully place another person in reasonable fear of physical harm to such person or harm to such person’s property or to unlawfully compel another to perform some act or to deter some act.

   (d)    As used in this section, the term “gender identity or expression” shall have the same meaning as is set forth in Section 157.01(i) of these Codified Ordinances. The term “sexual orientation” shall have the same meaning as is set forth in Section 157.01(j) of these Codified Ordinances.

(Ord. 17-50 AC CMS. Passed 10-16-17.)