541.08 ETHNIC INTIMIDATION.
   (a)   No person shall violate Ohio R.C. 2903.13, 2903.14, 2903.21, 2903.22, 2907.06, 2909.06, 2909.07, 2911.21, 2913.02, 2913.04, 2917.21(A)(3) to (5), 2923.12 or Sections 509.03, 509.04, 521.08, 533.04, 537.03, 537.04, 537.05, 537.06, 537.10(a)(3) to (5), 541.03, 541.04, 541.05, 541.051, 545.05, 545.06, 545.08, 549.02, 549.08, or 549.09 of the General Offenses Code by reason of or where one of the motives, reasons or purposes for the commission of the offense is the victim's race, sex, sexual orientation, gender identity or expression, color, religion, or national origin, ancestry, age, disability, familial status or military status of another person or group of persons.
   (b)   Whoever violates this section is guilty of ethnic intimidation, a misdemeanor of the first degree. If the underlying offense which is a necessary element of ethnic intimidation is itself a misdemeanor of the first degree, then upon conviction under this section, the court shall impose a mandatory minimum sentence of at least ten (10) days imprisonment. If the offender has previously been convicted under either this section or Section 2927.12, of the Ohio Revised Code, and the underlying offense is a first degree misdemeanor or the offense resulted in physical harm to any person, then upon conviction under this section the court shall impose a mandatory minimum sentence of at least ninety (90) days imprisonment.
   (c)   This section does not apply if the facts alleged in the complaint would constitute a felony under Section 2927.12, Ohio Revised Code.
(Ord. 3634. Passed 9-7-21.)