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§ 636.075 CRIMINAL CHILD ENTICEMENT. (REPEALED)
Editor’s note: This section was formerly based on R.C. § 2905.05, Criminal Child Enticement. The Ohio Supreme Court held that R.C. § 2905.05(A) was unconstitutionally overbroad in violation of the First Amendment. See State v. Romage, 138 Ohio St. 3d. 390 (2014).
§ 636.08 COERCION.
   (a)   No person, with purpose to coerce another into taking or refraining from action concerning which he or she has a legal freedom of choice, shall do any of the following:
      (1)   Threaten to commit any offense.
      (2)   Utter or threaten any slander against any person.
      (3)   Expose or threaten to expose any matter tending to subject any person to hatred, contempt, or ridicule, or to damage his or her personal or business repute, or to impair his or her credit.
      (4)   Institute or threaten criminal proceedings against any person.
      (5)   Take or withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld.
   (b)   Divisions (a)(4) and (5) of this section shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interests of justice:
      (1)   Offering or agreeing to grant, or granting immunity from prosecution pursuant to Ohio R.C. 2945.44.
      (2)   In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for the testimony of the accused in a case to which he or she is not a party, offering or agreeing to dismiss, or dismissing one or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence.
      (3)   Imposing probation on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of his or her offense.
   (c)   It is an affirmative defense to a charge under division (a)(3), (4), or (5) of this section that the actor’s conduct was a reasonable response to the circumstances which occasioned it, and that his or her purpose was limited to:
      (1)   Compelling another to refrain from misconduct or to desist from further misconduct.
      (2)   Preventing or redressing a wrong or injustice.
      (3)   Preventing another from taking action for which the actor reasonably believed the other person to be disqualified.
      (4)   Compelling another to take action which the actor reasonably believed the other person to be under a duty to take.
   (d)   Whoever violates this section is guilty of coercion, a misdemeanor of the second degree.
   (e)   As used in this section, THREAT includes a direct threat and a threat by innuendo.
(ORC 2905.12)
§ 636.09 CURFEW.
   (a)   Nighttime curfew hours. Sunday through Thursday 11:30 p.m. until 6:00 a.m. Friday and Saturday 12:30 a.m. until 6:00 a.m.
   (b)   Daytime curfew hours. Monday through Friday during the applicable school's hours.
   (c)   Offenses by minors. A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the Village of Woodlawn during nighttime or daytime curfew hours.
   (d)   Defenses. It is a defense to prosecution under § 636.09(c) of this section if the minor was:
      (1)   Not required to attend school on the date and time in questions, as school was not in session at that time;
      (2)   A participant in a bona fide home schooling program at the time in question;
      (3)   Accompanied by the minor's parent or guardian;
      (4)   On an errand at the direction of the minor's parent or guardian without any detour or stop;
      (5)   The minor was engaged in a work study program or going to or returning from a work-study program, without any detour or stop;
      (6)   The minor was involved in an emergency;
      (7)   The minor was attending an activity organized and supervised by adults and sponsored by the Village of Woodlawn, another political jurisdiction, school district, civic organization or other similar organization that takes responsibility for the minor or attending an official school or religious activity; and
      (8)   Going to or coming from, without detour or stop, an activity organized and supervised by adults and sponsored by the Village of Woodlawn, another political jurisdiction, school district, civic organization or other similar organization that takes responsibility for the minor or attending an official school or religious activity.
   (e)   Enforcement. Before taking any enforcement action, a police officer shall ask the apparent offender's age and reason for being in the public place or on the premises of an establishment. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that based on any response and other circumstances, no defense in § 636.09 (c) is present.
   (f)   Penalties. Any minor found violating any provision of this section shall be guilty of being an unruly child and shall be dealt with in accordance with the juvenile law and procedure.
   (g)   Offenses by parents and/or guardians of minors. A parent or guardian having the care and custody of a minor commits an offense if he or she knowingly permits such minor to remain in any public place or on the premises of any establishment within the Village of Woodlawn during daytime and/or nighttime curfew hours.
   (h)   Defenses. It is a defense to prosecution under § 636.09(g):
      (1)   That the minor was not required to attend school on the date and time in questions as school was not in session at that time;
      (2)   That the minor was a participant in a bona fide home schooling program at the time in question;
      (3)   The parent was with the minor at the time of the alleged violation;
      (4)   The minor was on an errand at the direction of the minor's parent or guardian without any detour or stop;
      (5)   The minor was engaged in a work study program or going to or returning from a work-study program, without any detour or stop;
      (6)   The minor was involved in an emergency;
      (7)   The minor was attending an activity organized and supervised by adults and sponsored by the Village of Woodlawn, another political jurisdiction, school district, civic organization or other similar organization that takes responsibility for the minor or attending an official school or religious activity;
      (8)   The minor was going to or coming from, without detour or stop, those activities identified in § 636.09 (h)(7) herein; and
      (9)   That the parent or guardian has initiated the jurisdiction of the Juvenile Court against the minor prior to the time that the minor was found violating § 636.09(c), herein.
   (i)   Enforcement. Before taking any enforcement action under § 636.09(g), a police officer shall determine whether the parent or guardian had actual or constructive knowledge of the minor's violation.
The officer shall not issue a citation under § 636.09(g) unless the officer reasonably believes that an offense has occurred and that based on any response and other circumstances, no defense in § 636.09(h) is present.
   (j)   Penalties. Any parent or guardian having the care and custody of a minor who violates § 636.09 (g) of this section shall for the first offense be warned by the police officer of the consequences of failing to ensure compliance with this section. For the second offense under § 636.09(g) of this section such parent or guardian shall be issued a civil citation in the amount of one hundred dollars ($100.00). For the third or subsequent violation of § 636.09(g) of this section, the parent or guardian shall be issued a civil citation in the amount of two hundred dollars ($200.00). A separate offense shall be deemed committed for each violation of § 636.09(c) and § 636.09(g) of this section.
   (k)   As used in this section:
      (1)   EMERGENCY means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to: a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
      (2)   ESTABLISHMENT means any privately owned place of business operated for a profit to which the public is invited.
      (3)   WORK STUDY PROGRAM means any bona fide program authorized and sanctioned by the school attended by the minor, which permits the minor to leave school premises.
(Ord. 11-2007, passed 5-29-2007)
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