As Passed by the Senate 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- 17
FINGERHUT-WHITE-DRAKE-MUMPER-GARDNER-DiDONATO-KEARNS 18
_________________________________________________________________ 20
A B I L L
To amend sections 2907.07 and 2907.322 of the 22
Revised Code to expand the offense of importuning 23
so that it prohibits soliciting another by means 24
of a computer or another telecommunications
device to engage in sexual activity under 25
specified circumstances, to increase the penalty 26
for that offense in certain circumstances, and to
enhance the penalty for pandering sexually 27
oriented matter involving a minor in specified 28
circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 2907.07 and 2907.322 of the 33
Revised Code be amended to read as follows: 34
Sec. 2907.07. (A) No person shall solicit a person under 43
WHO IS LESS THAN thirteen years of age to engage in sexual 44
2
activity with the offender, whether or not the offender knows the 46
age of such person. 47
(B) No person shall solicit a person of the same sex to 49
engage in sexual activity with the offender, when the offender 50
knows such solicitation is offensive to the other person, or is 51
reckless in that regard. 52
(C) No person shall solicit another, not the spouse of the 54
offender, to engage in sexual conduct with the offender, when the 55
offender is eighteen years of age or older and four or more years 56
older than the other person, and the other person is over twelve 57
but not over fifteen LESS THAN SIXTEEN years of age, whether or 58
not the offender knows the age of the other person. 60
(D) NO PERSON SHALL SOLICIT ANOTHER BY MEANS OF A 62
TELECOMMUNICATIONS DEVICE, AS DEFINED IN SECTION 2913.01 OF THE 63
REVISED CODE, TO ENGAGE IN SEXUAL ACTIVITY WITH THE OFFENDER WHEN 65
THE OFFENDER IS EIGHTEEN YEARS OF AGE OR OLDER AND EITHER OF THE 66
FOLLOWING APPLIES:
(1) THE OTHER PERSON IS LESS THAN THIRTEEN YEARS OF AGE, 68
AND THE OFFENDER KNOWS THAT THE OTHER PERSON IS LESS THAN 69
THIRTEEN YEARS OF AGE OR IS RECKLESS IN THAT REGARD. 70
(2) THE OTHER PERSON IS A LAW ENFORCEMENT OFFICER POSING 72
AS A PERSON WHO IS LESS THAN THIRTEEN YEARS OF AGE, AND THE 73
OFFENDER BELIEVES THAT THE OTHER PERSON IS LESS THAN THIRTEEN 75
YEARS OF AGE OR IS RECKLESS IN THAT REGARD. 76
(E) NO PERSON SHALL SOLICIT ANOTHER BY MEANS OF A 78
TELECOMMUNICATIONS DEVICE, AS DEFINED IN SECTION 2913.01 OF THE 80
REVISED CODE, TO ENGAGE IN SEXUAL ACTIVITY WITH THE OFFENDER WHEN 81
THE OFFENDER IS EIGHTEEN YEARS OF AGE OR OLDER AND EITHER OF THE 82
FOLLOWING APPLIES: 83
(1) THE OTHER PERSON IS OVER TWELVE BUT LESS THAN SIXTEEN 85
YEARS OF AGE, AND THE OFFENDER KNOWS THAT THE OTHER PERSON IS 86
OVER TWELVE BUT LESS THAN SIXTEEN YEARS OF AGE OR IS RECKLESS IN 87
THAT REGARD.
(2) THE OTHER PERSON IS A LAW ENFORCEMENT OFFICER POSING 89
3
AS A PERSON WHO IS OVER TWELVE BUT LESS THAN SIXTEEN YEARS OF 90
AGE, AND THE OFFENDER BELIEVES THAT THE OTHER PERSON IS OVER 91
TWELVE BUT LESS THAN SIXTEEN YEARS OF AGE OR IS RECKLESS IN THAT 92
REGARD.
(F) DIVISIONS (D) AND (E) OF THIS SECTION APPLY TO ANY 95
SOLICITATION THAT IS CONTAINED IN A TRANSMISSION VIA A 96
TELECOMMUNICATIONS DEVICE THAT EITHER ORIGINATES IN THIS STATE OR 97
IS RECEIVED IN THIS STATE.
(G) Whoever violates this section is guilty of 99
importuning. Violation of division (A) or (B) of this section is 100
a misdemeanor of the first degree. Violation of division (C) of 101
this section is a misdemeanor of the fourth degree. A VIOLATION 103
OF DIVISION (A) OR (D) OF THIS SECTION IS A FELONY OF THE FOURTH 104
DEGREE ON A FIRST OFFENSE AND A FELONY OF THE THIRD DEGREE ON 105
EACH SUBSEQUENT OFFENSE. A VIOLATION OF DIVISION (C) OR (E) OF 107
THIS SECTION IS A FELONY OF THE FIFTH DEGREE ON A FIRST OFFENSE 108
AND A FELONY OF THE FOURTH DEGREE ON EACH SUBSEQUENT OFFENSE. 110
Sec. 2907.322. (A) No person, with knowledge of the 119
character of the material or performance involved, shall do any 120
of the following: 121
(1) Create, record, photograph, film, develop, reproduce, 123
or publish any material that shows a minor participating or 124
engaging in sexual activity, masturbation, or bestiality; 125
(2) Advertise for sale or dissemination, sell, distribute, 127
transport, disseminate, exhibit, or display any material that 128
shows a minor participating or engaging in sexual activity, 129
masturbation, or bestiality; 130
(3) Create, direct, or produce a performance that shows a 132
minor participating or engaging in sexual activity, masturbation, 133
or bestiality; 134
(4) Advertise for presentation, present, or participate in 136
presenting a performance that shows a minor participating or 137
engaging in sexual activity, masturbation, or bestiality; 138
(5) Solicit KNOWINGLY SOLICIT, receive, purchase, 140
4
exchange, possess, or control any material that shows a minor 142
participating or engaging in sexual activity, masturbation, or 143
bestiality;
(6) Bring or cause to be brought into this state any 145
material that shows a minor participating or engaging in sexual 146
activity, masturbation, or bestiality, or bring, cause to be 147
brought, or finance the bringing of any minor into or across this 148
state with the intent that the minor engage in sexual activity, 149
masturbation, or bestiality in a performance or for the purpose 150
of producing material containing a visual representation 151
depicting the minor engaged in sexual activity, masturbation, or 152
bestiality. 153
(B)(1) This section does not apply to any material or 155
performance that is sold, disseminated, displayed, possessed, 156
controlled, brought or caused to be brought into this state, or 157
presented for a bona fide medical, scientific, educational, 158
religious, governmental, judicial, or other proper purpose, by or 159
to a physician, psychologist, sociologist, scientist, teacher, 160
person pursuing bona fide studies or research, librarian, 161
clergyman, prosecutor, judge, or other person having a proper 162
interest in the material or performance. 163
(2) Mistake of age is not a defense to a charge under this 165
section. 166
(3) In a prosecution under this section, the trier of fact 168
may infer that a person in the material or performance involved 169
is a minor if the material or performance, through its title, 170
text, visual representation, or otherwise, represents or depicts 171
the person as a minor. 172
(C) Whoever violates this section is guilty of pandering 174
sexually oriented matter involving a minor. Violation of 175
division (A)(1), (2), (3), (4), or (6) of this section is a 176
felony of the second degree. Violation of division (A)(5) of 177
this section is a felony of the fifth FOURTH degree. If the 179
offender previously has been convicted of or pleaded guilty to a 180
5
violation of this section or section 2907.321 or 2907.323 of the 181
Revised Code, pandering sexually oriented matter involving a 182
minor in violation of division (A)(5) of this section is a felony 183
of the fourth THIRD degree. 184
Section 2. That existing sections 2907.07 and 2907.322 of 186
the Revised Code are hereby repealed. 187