Bill Title: To increase the penalty for a first offense of sexual imposition to a misdemeanor of the first degree in specified circumstances.
Spectrum: Slight Partisan Bill (Republican 7-3)
Status: (Introduced - Dead) 2009-11-24 - To Criminal Justice
[HB380 Detail]Download: Ohio-2009-HB380-Introduced.html
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Representatives Blessing, Lehner, Stebelton, Derickson, Harris, Combs, Murray, Phillips, Beck
A BILL
| To amend section 2907.06 of the Revised Code to | 1 |
|
increase the penalty for a first offense of sexual | 2 |
|
imposition to a misdemeanor of the first degree in | 3 |
|
specified circumstances. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2907.06 of the Revised Code be | 5 |
amended to read as follows: | 6 |
Sec. 2907.06. (A) No person shall have sexual contact
with | 7 |
another, not the spouse of the offender; cause another, not
the | 8 |
spouse of the offender, to have sexual contact with the
offender; | 9 |
or cause two or more other persons to have sexual
contact when any | 10 |
of the following applies: | 11 |
(1) The offender knows that the sexual contact is
offensive | 12 |
to the other person, or one of the other persons, or is
reckless | 13 |
in that regard. | 14 |
(2) The offender knows that the other person's, or one of
the | 15 |
other person's, ability to appraise the nature of or control
the | 16 |
offender's or touching person's conduct is substantially
impaired. | 17 |
(3) The offender knows that the other person, or one of
the | 18 |
other persons, submits because of being unaware of the sexual | 19 |
contact. | 20 |
(4) The other person, or one of the other persons, is | 21 |
thirteen years of age or older but less than sixteen years of
age, | 22 |
whether or not the offender knows the age of such person,
and the | 23 |
offender is at least eighteen years of age and four or
more years | 24 |
older than such other person. | 25 |
(5) The offender is a mental health professional, the other | 26 |
person or one of the other persons is a mental health client or | 27 |
patient of the offender, and the offender induces the other person | 28 |
who is the client or
patient to submit by falsely representing to | 29 |
the other person who is the client or
patient that the sexual | 30 |
contact is necessary for mental
health treatment purposes. | 31 |
(B) No person shall be convicted of a violation of this | 32 |
section solely upon the victim's testimony unsupported by other | 33 |
evidence. | 34 |
(C)(1) Whoever violates this section is guilty of sexual | 35 |
imposition,. | 36 |
(2) A violation of division (A)(1), (2), or (3) of this | 37 |
section is a misdemeanor of the third degree. If the offender | 38 |
previously
has been convicted of a violation of this section or of | 39 |
section 2907.02,
2907.03, 2907.04, 2907.05, or 2907.12 of the | 40 |
Revised Code, a
violation of division (A)(1), (2), or (3) of this | 41 |
section is a misdemeanor of the
first degree. | 42 |
(3) A violation of division (A)(4) or (5) of this section is | 43 |
a misdemeanor of the first degree. | 44 |
Section 2. That existing section 2907.06 of the Revised Code | 45 |
is hereby repealed. | 46 |