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Code is hereby repealed. 66