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STATE v. LOUDERMILK

No. C-160487.

96 N.E.3d 1037 (2017)

2017-Ohio-7378

STATE of Ohio, Plaintiff-Appellee, v. Michael LOUDERMILK, Defendant-Appellant.

Court of Appeals of Ohio, First District, Hamilton County.

Date of Judgment Entry on Appeal: August 30, 2017.

Attorney(s) appearing for the Case

Joseph T. Deters , Hamilton County Prosecuting Attorney, and Alex Havlin , Assistant Prosecuting Attorney, for Plaintiff-Appellee.

Raymond T. Faller , Hamilton County Public Defender, and David Hoffman , Assistant Public Defender, for Defendant-Appellant.

OPINION

{¶ 1} Defendant-appellant Michael Loudermilk was charged under R.C. 2907.09(A)(1) with public indecency involving a minor. We hold: (1) "physical proximity" as used in R.C. 2907.09(A)(1) means the victim is near enough to observe the offender's private parts; (2) a criminal defendant is not...

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