As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 312  5            

      1999-2000                                                    6            


       SENATORS LATTA-FINAN-MUMPER-OELSLAGER-HARRIS-LATELL         8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend section 2905.05 of the Revised Code to       12           

                expand the offense of criminal child enticement    13           

                to prohibit knowingly soliciting, coaxing,                      

                enticing, or luring a child under fourteen years   14           

                of age to accompany the person.                                 




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That section 2905.05 of the Revised Code be      18           

amended to read as follows:                                        19           

      Sec. 2905.05.  (A)  No person, by any means and without      28           

privilege to do so, shall knowingly solicit, coax, entice, or      29           

lure any child under fourteen years of age to enter ACCOMPANY THE  30           

PERSON IN ANY MANNER, INCLUDING ENTERING into any vehicle, as      32           

defined in section 4501.01 of the Revised Code, whether or not     33           

the offender knows the age of the child, if both of the following  34           

apply:                                                                          

      (1)  The actor does not have the express or implied          36           

permission of the parent, guardian, or other legal custodian of    37           

the child in undertaking the activity;                             38           

      (2)  The actor is not a law enforcement officer, medic,      40           

firefighter, or other person who regularly provides emergency      41           

services, and is not an employee or agent of, or a volunteer       42           

acting under the direction of, any board of education, or the      43           

actor is any of such persons, but, at the time the actor           44           

undertakes the activity, the actor is not acting within the scope  45           

of the actor's lawful duties in that capacity.                     46           

      (B)  It is an affirmative defense to a charge under          48           

                                                          2      


                                                                 
division (A) of this section that the actor undertook the          49           

activity in response to a bona fide emergency situation or that    50           

the actor undertook the activity in a reasonable belief that it    51           

was necessary to preserve the health, safety, or welfare of the    52           

child.                                                             53           

      (C)  Whoever violates this section is guilty of criminal     55           

child enticement, a misdemeanor of the first degree.  If the       56           

offender previously has been convicted of a violation of this      58           

section, section 2907.02, 2907.03, or 2907.12 of the Revised       60           

Code, or section 2905.01 or 2907.05 of the Revised Code when the   61           

victim of that prior offense was under seventeen years of age at   62           

the time of the offense, criminal child enticement is a felony of  63           

the fifth degree.                                                               

      Section 2.  That existing section 2905.05 of the Revised     65           

Code is hereby repealed.                                           66