(a) No person shall violate Sections 2903.13, 2903.21, 2903.22, 2907.06, 2911.06, 2911.07, 2911.21, 2911.211, 2913.02, 2913.03, 2913.04, 2917.03, 2917.11, 2917.12, or 2917.21(A)(3) to (5) of the Ohio Revised Code or Sections 509.01, 509.03, 509.04, 521.08, 533.04, 537.03, 537.05, 537.06, 537.10(a)(3) to (5), 541.03, 541.04, 541.05, 541.051, 545.05, 545.06, 545.08, or 549.08 of the General Offenses Code of the Worthington Codified Ordinances, by reason of or where one of the motives is the victim's race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, disability, marital status, familial status, source of income, genetic information or military status.
(b) In a prosecution under this section, the offenders' motive, reason or purpose may be shown by the offender's temporarily related conduct or statements before, during or after the offense, including ethnic, sexual orientation, gender identity or expression, religious or racial slurs, and by the totality of the facts, circumstances and conduct surrounding the offense.
(c) Whoever violates this section is guilty of ethnic intimidation. Ethnic intimidation is an offense of the next higher degree than the offense the commission of which is a necessary element of ethnic intimidation except as provided in subsection (d).
(d) If the underlying offense which is a necessary element of ethnic intimidation is a misdemeanor of the first degree, then the offense of ethnic intimidation is a misdemeanor of the first degree and the court shall impose a mandatory minimum sentence of at least ten (10) days in jail.
(e) This section does not apply if the facts alleged in the complaint would constitute a felony under Section 2927.12, Ohio Revised Code.
(f) The division of police shall keep and maintain records of reported violations of this section and reported incidents the motive of which is the victim's race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, disability, familial status, source of income, or military status.
(Ord. 32-2021. Passed 7-19-21.)