As Reported by the House Criminal Justice Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 724 5
1999-2000 6
REPRESENTATIVES AUSTRIA-WIDENER-WINKLER-GARDNER-HARRIS-JORDAN- 7
TIBERI-HARTNETT-EVANS-HOOPS-ROBINSON-MYERS-HOLLISTER- 8
CAREY-ALLEN-ASLANIDES-GRENDELL-CLANCY-CORBIN-O'BRIEN- 9
HOOD-PRINGLE-MOTTLEY-TERWILLEGER-TRAKAS-JERSE-GOODMAN- 10
OLMAN-DISTEL-KREBS-NETZLEY-BRITTON-JOLIVETTE-ROMAN-A. CORE- 11
HUGHES-WILLAMOWSKI 12
_________________________________________________________________ 14
A B I L L
To amend sections 2907.07 and 2907.322 of the 16
Revised Code to expand the offense of importuning 17
so that it prohibits soliciting another by means 18
of a computer or another telecommunications
device to engage in sexual activity under 19
specified circumstances, to increase the penalty 20
for that offense in certain circumstances, and to
enhance the penalty for pandering sexually 21
oriented matter involving a minor in specified 22
circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 2907.07 and 2907.322 of the 27
Revised Code be amended to read as follows: 28
Sec. 2907.07. (A) No person shall solicit a person under 37
WHO IS LESS THAN thirteen years of age to engage in sexual 38
activity with the offender, whether or not the offender knows the 40
age of such person. 41
(B) No person shall solicit a person of the same sex to 43
engage in sexual activity with the offender, when the offender 44
knows such solicitation is offensive to the other person, or is 45
reckless in that regard. 46
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(C) No person shall solicit another, not the spouse of the 48
offender, to engage in sexual conduct with the offender, when the 49
offender is eighteen years of age or older and four or more years 50
older than the other person, and the other person is over twelve 51
but not over fifteen LESS THAN SIXTEEN years of age, whether or 52
not the offender knows the age of the other person. 54
(D) NO PERSON SHALL SOLICIT ANOTHER BY MEANS OF A 56
TELECOMMUNICATIONS DEVICE, AS DEFINED IN SECTION 2913.01 OF THE 57
REVISED CODE, TO ENGAGE IN SEXUAL ACTIVITY WITH THE OFFENDER WHEN 59
THE OFFENDER IS EIGHTEEN YEARS OF AGE OR OLDER AND EITHER OF THE 60
FOLLOWING APPLIES:
(1) THE OTHER PERSON IS LESS THAN THIRTEEN YEARS OF AGE, 62
AND THE OFFENDER KNOWS THAT THE OTHER PERSON IS LESS THAN 63
THIRTEEN YEARS OF AGE OR IS RECKLESS IN THAT REGARD. 64
(2) THE OTHER PERSON IS A LAW ENFORCEMENT OFFICER POSING 66
AS A PERSON WHO IS LESS THAN THIRTEEN YEARS OF AGE, AND THE 67
OFFENDER BELIEVES THAT THE OTHER PERSON IS LESS THAN THIRTEEN 69
YEARS OF AGE OR IS RECKLESS IN THAT REGARD. 70
(E) NO PERSON SHALL SOLICIT ANOTHER BY MEANS OF A 72
TELECOMMUNICATIONS DEVICE, AS DEFINED IN SECTION 2913.01 OF THE 74
REVISED CODE, TO ENGAGE IN SEXUAL ACTIVITY WITH THE OFFENDER WHEN 75
THE OFFENDER IS EIGHTEEN YEARS OF AGE OR OLDER AND EITHER OF THE 76
FOLLOWING APPLIES: 77
(1) THE OTHER PERSON IS OVER TWELVE BUT LESS THAN SIXTEEN 79
YEARS OF AGE, AND THE OFFENDER KNOWS THAT THE OTHER PERSON IS 80
OVER TWELVE BUT LESS THAN SIXTEEN YEARS OF AGE OR IS RECKLESS IN 81
THAT REGARD.
(2) THE OTHER PERSON IS A LAW ENFORCEMENT OFFICER POSING 83
AS A PERSON WHO IS OVER TWELVE BUT LESS THAN SIXTEEN YEARS OF 84
AGE, AND THE OFFENDER BELIEVES THAT THE OTHER PERSON IS OVER 85
TWELVE BUT LESS THAN SIXTEEN YEARS OF AGE OR IS RECKLESS IN THAT 86
REGARD.
(F) DIVISIONS (D) AND (E) OF THIS SECTION APPLY TO ANY 89
SOLICITATION THAT IS CONTAINED IN A TRANSMISSION VIA A 90
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TELECOMMUNICATIONS DEVICE THAT EITHER ORIGINATES IN THIS STATE OR 91
IS RECEIVED IN THIS STATE.
(G) Whoever violates this section is guilty of 93
importuning. Violation of division (A) or (B) of this section is 94
a misdemeanor of the first degree. Violation of division (C) of 95
this section is a misdemeanor of the fourth degree. A VIOLATION 97
OF DIVISION (A) OR (D) OF THIS SECTION IS A FELONY OF THE FOURTH 98
DEGREE ON A FIRST OFFENSE AND A FELONY OF THE THIRD DEGREE ON 99
EACH SUBSEQUENT OFFENSE. A VIOLATION OF DIVISION (C) OR (E) OF 101
THIS SECTION IS A FELONY OF THE FIFTH DEGREE ON A FIRST OFFENSE 102
AND A FELONY OF THE FOURTH DEGREE ON EACH SUBSEQUENT OFFENSE. 104
Sec. 2907.322. (A) No person, with knowledge of the 113
character of the material or performance involved, shall do any 114
of the following: 115
(1) Create, record, photograph, film, develop, reproduce, 117
or publish any material that shows a minor participating or 118
engaging in sexual activity, masturbation, or bestiality; 119
(2) Advertise for sale or dissemination, sell, distribute, 121
transport, disseminate, exhibit, or display any material that 122
shows a minor participating or engaging in sexual activity, 123
masturbation, or bestiality; 124
(3) Create, direct, or produce a performance that shows a 126
minor participating or engaging in sexual activity, masturbation, 127
or bestiality; 128
(4) Advertise for presentation, present, or participate in 130
presenting a performance that shows a minor participating or 131
engaging in sexual activity, masturbation, or bestiality; 132
(5) Solicit KNOWINGLY SOLICIT, receive, purchase, 134
exchange, possess, or control any material that shows a minor 136
participating or engaging in sexual activity, masturbation, or 137
bestiality;
(6) Bring or cause to be brought into this state any 139
material that shows a minor participating or engaging in sexual 140
activity, masturbation, or bestiality, or bring, cause to be 141
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brought, or finance the bringing of any minor into or across this 142
state with the intent that the minor engage in sexual activity, 143
masturbation, or bestiality in a performance or for the purpose 144
of producing material containing a visual representation 145
depicting the minor engaged in sexual activity, masturbation, or 146
bestiality. 147
(B)(1) This section does not apply to any material or 149
performance that is sold, disseminated, displayed, possessed, 150
controlled, brought or caused to be brought into this state, or 151
presented for a bona fide medical, scientific, educational, 152
religious, governmental, judicial, or other proper purpose, by or 153
to a physician, psychologist, sociologist, scientist, teacher, 154
person pursuing bona fide studies or research, librarian, 155
clergyman, prosecutor, judge, or other person having a proper 156
interest in the material or performance. 157
(2) Mistake of age is not a defense to a charge under this 159
section. 160
(3) In a prosecution under this section, the trier of fact 162
may infer that a person in the material or performance involved 163
is a minor if the material or performance, through its title, 164
text, visual representation, or otherwise, represents or depicts 165
the person as a minor. 166
(C) Whoever violates this section is guilty of pandering 168
sexually oriented matter involving a minor. Violation of 169
division (A)(1), (2), (3), (4), or (6) of this section is a 170
felony of the second degree. Violation of division (A)(5) of 171
this section is a felony of the fifth FOURTH degree. If the 173
offender previously has been convicted of or pleaded guilty to a 174
violation of this section or section 2907.321 or 2907.323 of the 175
Revised Code, pandering sexually oriented matter involving a 176
minor in violation of division (A)(5) of this section is a felony 177
of the fourth THIRD degree. 178
Section 2. That existing sections 2907.07 and 2907.322 of 180
the Revised Code are hereby repealed. 181