(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 apply:
(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 over twelve but not over fifteen years of age, whether or not the offender knows the age of such person, and the offender is at least eighteen years of age and four or more years older than such other person.
(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 previously has been convicted of a violation of Section 533.03 or 533.04 of the Toledo Municipal Code, or of Section 2907.02, 2907.03, 2907.04, 2907.05 or 2907.06 of the Ohio Revised Code, a violation of this section is a misdemeanor of the first degree.
(ORC 2907.06; Ord. 297-97. Passed 5-13-97.