As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 724 5
1999-2000 6
REPRESENTATIVES AUSTRIA-WIDENER-WINKLER-GARDNER-HARRIS-JORDAN- 8
TIBERI-HARTNETT-EVANS-HOOPS-ROBINSON-MYERS-HOLLISTER- 9
CAREY-ALLEN-ASLANIDES-GRENDELL-CLANCY-CORBIN-O'BRIEN- 10
HOOD-PRINGLE-MOTTLEY-TERWILLEGER-TRAKAS-JERSE-GOODMAN- 11
OLMAN-DISTEL-KREBS-NETZLEY-BRITTON-JOLIVETTE-ROMAN-A. CORE 12
_________________________________________________________________ 13
A B I L L
To amend sections 2907.07 and 2907.322 of the 15
Revised Code to expand the offense of importuning 16
so that it prohibits soliciting another by means 17
of a computer or another telecommunications
device to engage in sexual activity under 18
specified circumstances, to increase the penalty 19
for that offense in certain circumstances, and to
enhance the penalty for pandering sexually 20
oriented matter involving a minor in specified 21
circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 2907.07 and 2907.322 of the 25
Revised Code be amended to read as follows: 26
Sec. 2907.07. (A) No person shall solicit a person under 35
thirteen years of age to engage in sexual activity with the 36
offender, whether or not the offender knows the age of such 37
person. 38
(B) No person shall solicit a person of the same sex to 40
engage in sexual activity with the offender, when the offender 41
knows such solicitation is offensive to the other person, or is 42
reckless in that regard. 43
(C) No person shall solicit another, not the spouse of the 45
2
offender, to engage in sexual conduct with the offender, when the 46
offender is eighteen years of age or older and four or more years 47
older than the other person, and the other person is over twelve 48
but not over fifteen years of age, whether or not the offender 49
knows the age of the other person. 50
(D) NO PERSON SHALL SOLICIT ANOTHER BY MEANS OF A 53
TELECOMMUNICATIONS DEVICE, AS DEFINED IN SECTION 2913.01 OF THE 54
REVISED CODE, TO ENGAGE IN SEXUAL ACTIVITY WITH THE OFFENDER WHEN 56
THE OFFENDER IS EIGHTEEN YEARS OF AGE OR OLDER AND EITHER OF THE 57
FOLLOWING APPLIES:
(1) THE OTHER PERSON IS UNDER THIRTEEN YEARS OF AGE, AND 59
THE OFFENDER KNOWS THAT THE OTHER PERSON IS UNDER THIRTEEN YEARS 60
OF AGE OR IS RECKLESS IN THAT REGARD. 61
(2) THE OTHER PERSON IS A LAW ENFORCEMENT OFFICER POSING AS 63
A PERSON UNDER THIRTEEN YEARS OF AGE, AND THE OFFENDER BELIEVES 64
THAT THE OTHER PERSON IS UNDER THIRTEEN YEARS OF AGE OR IS 65
RECKLESS IN THAT REGARD. 66
(E) NO PERSON SHALL SOLICIT ANOTHER BY MEANS OF A 68
TELECOMMUNICATIONS DEVICE, AS DEFINED IN SECTION 2913.01 OF THE 70
REVISED CODE, TO ENGAGE IN SEXUAL ACTIVITY WITH THE OFFENDER WHEN 71
THE OFFENDER IS EIGHTEEN YEARS OF AGE OR OLDER AND EITHER OF THE 72
FOLLOWING APPLIES: 73
(1) THE OTHER PERSON IS OVER TWELVE BUT NOT OVER FIFTEEN 75
YEARS OF AGE, AND THE OFFENDER KNOWS THAT THE OTHER PERSON IS 76
OVER TWELVE BUT NOT OVER FIFTEEN YEARS OF AGE OR IS RECKLESS IN 77
THAT REGARD.
(2) THE OTHER PERSON IS A LAW ENFORCEMENT OFFICER POSING 79
AS A PERSON WHO IS OVER TWELVE BUT NOT OVER FIFTEEN YEARS OF AGE, 80
AND THE OFFENDER BELIEVES THAT THE OTHER PERSON IS OVER TWELVE 81
BUT NOT OVER FIFTEEN YEARS OF AGE OR IS RECKLESS IN THAT REGARD. 82
(F) Whoever violates this section is guilty of 85
importuning. Violation of division (A) or (B) of this section is 86
a misdemeanor of the first degree. Violation of division (C) of 87
this section is a misdemeanor of the fourth degree. A VIOLATION 89
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OF DIVISION (A) OR (D) OF THIS SECTION IS A FELONY OF THE FOURTH 90
DEGREE ON A FIRST OFFENSE AND A FELONY OF THE THIRD DEGREE ON 91
EACH SUBSEQUENT OFFENSE. A VIOLATION OF DIVISION (E) OF THIS 92
SECTION IS A FELONY OF THE FIFTH DEGREE ON A FIRST OFFENSE AND A 93
FELONY OF THE FOURTH DEGREE ON EACH SUBSEQUENT OFFENSE. 95
Sec. 2907.322. (A) No person, with knowledge of the 104
character of the material or performance involved, shall do any 105
of the following: 106
(1) Create, record, photograph, film, develop, reproduce, 108
or publish any material that shows a minor participating or 109
engaging in sexual activity, masturbation, or bestiality; 110
(2) Advertise for sale or dissemination, sell, distribute, 112
transport, disseminate, exhibit, or display any material that 113
shows a minor participating or engaging in sexual activity, 114
masturbation, or bestiality; 115
(3) Create, direct, or produce a performance that shows a 117
minor participating or engaging in sexual activity, masturbation, 118
or bestiality; 119
(4) Advertise for presentation, present, or participate in 121
presenting a performance that shows a minor participating or 122
engaging in sexual activity, masturbation, or bestiality; 123
(5) Solicit KNOWINGLY SOLICIT, receive, purchase, 125
exchange, possess, or control any material that shows a minor 127
participating or engaging in sexual activity, masturbation, or 128
bestiality;
(6) Bring or cause to be brought into this state any 130
material that shows a minor participating or engaging in sexual 131
activity, masturbation, or bestiality, or bring, cause to be 132
brought, or finance the bringing of any minor into or across this 133
state with the intent that the minor engage in sexual activity, 134
masturbation, or bestiality in a performance or for the purpose 135
of producing material containing a visual representation 136
depicting the minor engaged in sexual activity, masturbation, or 137
bestiality. 138
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(B)(1) This section does not apply to any material or 140
performance that is sold, disseminated, displayed, possessed, 141
controlled, brought or caused to be brought into this state, or 142
presented for a bona fide medical, scientific, educational, 143
religious, governmental, judicial, or other proper purpose, by or 144
to a physician, psychologist, sociologist, scientist, teacher, 145
person pursuing bona fide studies or research, librarian, 146
clergyman, prosecutor, judge, or other person having a proper 147
interest in the material or performance. 148
(2) Mistake of age is not a defense to a charge under this 150
section. 151
(3) In a prosecution under this section, the trier of fact 153
may infer that a person in the material or performance involved 154
is a minor if the material or performance, through its title, 155
text, visual representation, or otherwise, represents or depicts 156
the person as a minor. 157
(C) Whoever violates this section is guilty of pandering 159
sexually oriented matter involving a minor. Violation of 160
division (A)(1), (2), (3), (4), or (6) of this section is a 161
felony of the second degree. Violation of division (A)(5) of 162
this section is a felony of the fifth FOURTH degree. If the 164
offender previously has been convicted of or pleaded guilty to a 165
violation of this section or section 2907.321 or 2907.323 of the 166
Revised Code, pandering sexually oriented matter involving a 167
minor in violation of division (A)(5) of this section is a felony 168
of the fourth degree. 169
Section 2. That existing sections 2907.07 and 2907.322 of 171
the Revised Code are hereby repealed. 172