As Reported by the Senate Judiciary 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-SMITH-AMSTUTZ-D. MILLER-YOUNG-GOODING- 13
VAN VYVEN-SALERNO-DePIERO-SULLIVAN-ROBERTS-PERRY-
BARNES-METZGER-COLLIER-VERICH-BUEHRER-FLANNERY- 14
JONES-KILBANE-WOMER BENJAMIN-STEVENS-FORD-BOYD- 16
J. BEATTY-PATTON-OGG-VESPER-COUGHLIN-METTLER-
DAMSCHRODER-GERBERRY-CATES-SENATORS LATTA-ESPY-FINGERHUT 17
_________________________________________________________________ 19
A B I L L
To amend sections 2907.07 and 2907.322 of the 21
Revised Code to expand the offense of importuning 22
so that it prohibits soliciting another by means 23
of a computer or another telecommunications
device to engage in sexual activity under 24
specified circumstances, to increase the penalty 25
for that offense in certain circumstances, and to
enhance the penalty for pandering sexually 26
oriented matter involving a minor in specified 27
circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 2907.07 and 2907.322 of the 32
Revised Code be amended to read as follows: 33
Sec. 2907.07. (A) No person shall solicit a person under 42
WHO IS LESS THAN thirteen years of age to engage in sexual 43
activity with the offender, whether or not the offender knows the 45
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age of such person. 46
(B) No person shall solicit a person of the same sex to 48
engage in sexual activity with the offender, when the offender 49
knows such solicitation is offensive to the other person, or is 50
reckless in that regard. 51
(C) No person shall solicit another, not the spouse of the 53
offender, to engage in sexual conduct with the offender, when the 54
offender is eighteen years of age or older and four or more years 55
older than the other person, and the other person is over twelve 56
but not over fifteen LESS THAN SIXTEEN years of age, whether or 57
not the offender knows the age of the other person. 59
(D) NO PERSON SHALL SOLICIT ANOTHER BY MEANS OF A 61
TELECOMMUNICATIONS DEVICE, AS DEFINED IN SECTION 2913.01 OF THE 62
REVISED CODE, TO ENGAGE IN SEXUAL ACTIVITY WITH THE OFFENDER WHEN 64
THE OFFENDER IS EIGHTEEN YEARS OF AGE OR OLDER AND EITHER OF THE 65
FOLLOWING APPLIES:
(1) THE OTHER PERSON IS LESS THAN THIRTEEN YEARS OF AGE, 67
AND THE OFFENDER KNOWS THAT THE OTHER PERSON IS LESS THAN 68
THIRTEEN YEARS OF AGE OR IS RECKLESS IN THAT REGARD. 69
(2) THE OTHER PERSON IS A LAW ENFORCEMENT OFFICER POSING 71
AS A PERSON WHO IS LESS THAN THIRTEEN YEARS OF AGE, AND THE 72
OFFENDER BELIEVES THAT THE OTHER PERSON IS LESS THAN THIRTEEN 74
YEARS OF AGE OR IS RECKLESS IN THAT REGARD. 75
(E) NO PERSON SHALL SOLICIT ANOTHER BY MEANS OF A 77
TELECOMMUNICATIONS DEVICE, AS DEFINED IN SECTION 2913.01 OF THE 79
REVISED CODE, TO ENGAGE IN SEXUAL ACTIVITY WITH THE OFFENDER WHEN 80
THE OFFENDER IS EIGHTEEN YEARS OF AGE OR OLDER AND EITHER OF THE 81
FOLLOWING APPLIES: 82
(1) THE OTHER PERSON IS OVER TWELVE BUT LESS THAN SIXTEEN 84
YEARS OF AGE, AND THE OFFENDER KNOWS THAT THE OTHER PERSON IS 85
OVER TWELVE BUT LESS THAN SIXTEEN YEARS OF AGE OR IS RECKLESS IN 86
THAT REGARD.
(2) THE OTHER PERSON IS A LAW ENFORCEMENT OFFICER POSING 88
AS A PERSON WHO IS OVER TWELVE BUT LESS THAN SIXTEEN YEARS OF 89
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AGE, AND THE OFFENDER BELIEVES THAT THE OTHER PERSON IS OVER 90
TWELVE BUT LESS THAN SIXTEEN YEARS OF AGE OR IS RECKLESS IN THAT 91
REGARD.
(F) DIVISIONS (D) AND (E) OF THIS SECTION APPLY TO ANY 94
SOLICITATION THAT IS CONTAINED IN A TRANSMISSION VIA A 95
TELECOMMUNICATIONS DEVICE THAT EITHER ORIGINATES IN THIS STATE OR 96
IS RECEIVED IN THIS STATE.
(G) Whoever violates this section is guilty of 98
importuning. Violation of division (A) or (B) of this section is 99
a misdemeanor of the first degree. Violation of division (C) of 100
this section is a misdemeanor of the fourth degree. A VIOLATION 102
OF DIVISION (A) OR (D) OF THIS SECTION IS A FELONY OF THE FOURTH 103
DEGREE ON A FIRST OFFENSE AND A FELONY OF THE THIRD DEGREE ON 104
EACH SUBSEQUENT OFFENSE. A VIOLATION OF DIVISION (C) OR (E) OF 106
THIS SECTION IS A FELONY OF THE FIFTH DEGREE ON A FIRST OFFENSE 107
AND A FELONY OF THE FOURTH DEGREE ON EACH SUBSEQUENT OFFENSE. 109
Sec. 2907.322. (A) No person, with knowledge of the 118
character of the material or performance involved, shall do any 119
of the following: 120
(1) Create, record, photograph, film, develop, reproduce, 122
or publish any material that shows a minor participating or 123
engaging in sexual activity, masturbation, or bestiality; 124
(2) Advertise for sale or dissemination, sell, distribute, 126
transport, disseminate, exhibit, or display any material that 127
shows a minor participating or engaging in sexual activity, 128
masturbation, or bestiality; 129
(3) Create, direct, or produce a performance that shows a 131
minor participating or engaging in sexual activity, masturbation, 132
or bestiality; 133
(4) Advertise for presentation, present, or participate in 135
presenting a performance that shows a minor participating or 136
engaging in sexual activity, masturbation, or bestiality; 137
(5) Solicit KNOWINGLY SOLICIT, receive, purchase, 139
exchange, possess, or control any material that shows a minor 141
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participating or engaging in sexual activity, masturbation, or 142
bestiality;
(6) Bring or cause to be brought into this state any 144
material that shows a minor participating or engaging in sexual 145
activity, masturbation, or bestiality, or bring, cause to be 146
brought, or finance the bringing of any minor into or across this 147
state with the intent that the minor engage in sexual activity, 148
masturbation, or bestiality in a performance or for the purpose 149
of producing material containing a visual representation 150
depicting the minor engaged in sexual activity, masturbation, or 151
bestiality. 152
(B)(1) This section does not apply to any material or 154
performance that is sold, disseminated, displayed, possessed, 155
controlled, brought or caused to be brought into this state, or 156
presented for a bona fide medical, scientific, educational, 157
religious, governmental, judicial, or other proper purpose, by or 158
to a physician, psychologist, sociologist, scientist, teacher, 159
person pursuing bona fide studies or research, librarian, 160
clergyman, prosecutor, judge, or other person having a proper 161
interest in the material or performance. 162
(2) Mistake of age is not a defense to a charge under this 164
section. 165
(3) In a prosecution under this section, the trier of fact 167
may infer that a person in the material or performance involved 168
is a minor if the material or performance, through its title, 169
text, visual representation, or otherwise, represents or depicts 170
the person as a minor. 171
(C) Whoever violates this section is guilty of pandering 173
sexually oriented matter involving a minor. Violation of 174
division (A)(1), (2), (3), (4), or (6) of this section is a 175
felony of the second degree. Violation of division (A)(5) of 176
this section is a felony of the fifth FOURTH degree. If the 178
offender previously has been convicted of or pleaded guilty to a 179
violation of this section or section 2907.321 or 2907.323 of the 180
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Revised Code, pandering sexually oriented matter involving a 181
minor in violation of division (A)(5) of this section is a felony 182
of the fourth THIRD degree. 183
Section 2. That existing sections 2907.07 and 2907.322 of 185
the Revised Code are hereby repealed. 186