REPRESENTATIVES Widowfield, Womer Benjamin, Williams, Roman, Hoops, Webster, McGregor, Wolpert, Flowers, Lendrum, Salerno, Latta, Trakas, Young, Metzger, Olman, Hagan, Brinkman, Evans, Clancy, Jerse, Carey, Reinhard, Setzer, Schmidt, Collier, Grendell, Seitz, Buehrer, Hughes, Callender, Niehaus, Schuring, Gilb, Oakar, Seaver, Otterman, Faber, Reidelbach, Sulzer, S. Smith, Sykes, Brown

To amend section 2907.02 of the Revised Code to

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eliminate the requirement of force or a threat of

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force for a sentence of life imprisonment for the

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rape of a child who is less than ten years of age,

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to provide life imprisonment without parole for

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repeat offenders who rape children less than

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thirteen years of age, and to declare an emergency.

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

Section 1. That section 2907.02 of the Revised Code be	8
amended to read as follows:	9

Sec. 2907.02.  (A)(1) No person shall engage in sexual	10
conduct with another who is not the spouse of the offender or who	11
is the spouse of the offender but is living separate and apart	12
from the offender, when any of the following applies:	13

(a) For the purpose of preventing resistance, the offender	14
substantially impairs the other person's judgment or control by	15
administering any drug, intoxicant, or controlled substance to the	16
other person surreptitiously or by force, threat of force, or	17
deception.	18

(b) The other person is less than thirteen years of age,	19
whether or not the offender knows the age of the other person.	20

(c) The other person's ability to resist or consent is	21
substantially impaired because of a mental or physical condition	22
or because of advanced age, and the offender knows or has	23
reasonable cause to believe that the other person's ability to	24
resist or consent is substantially impaired because of a mental or	25
physical condition or because of advanced age.	26

(2) No person shall engage in sexual conduct with another	27
when the offender purposely compels the other person to submit by	28
force or threat of force.	29

(B) Whoever violates this section is guilty of rape, a	30
felony of the first degree. If the offender under division	31
(A)(1)(a) of this section substantially impairs the other person's	32
judgment or control by administering any controlled substance	33
described in section 3719.41 of the Revised Code to the other	34
person surreptitiously or by force, threat of force, or deception,	35
the prison term imposed upon the offender shall be one of the	36
prison terms prescribed for a felony of the first degree in	37
section 2929.14 of the Revised Code that is not less than five	38
years. If the offender under division (A)(1)(b) of this section	39
purposely compels the victim to submit by force or threat of force	40
or if the victim under division (A)(1)(b) of this section is less	41
than ten years of age, whoever violates division (A)(1)(b) of this	42
section shall be imprisoned for life. If the offender previously	43
has been convicted of or pleaded guilty to violating division	44
(A)(1)(b) of this section or to violating a law of another state	45
or the United States that is substantially similar to division	46
(A)(1)(b) of this section, whoever violates division (A)(1)(b) of	47
this section shall be imprisoned for life and may be imprisoned	48
for life without parole.	49

(C) A victim need not prove physical resistance to the	50
offender in prosecutions under this section.	51

(D) Evidence of specific instances of the victim's sexual	52
activity, opinion evidence of the victim's sexual activity, and	53
reputation evidence of the victim's sexual activity shall not be	54
admitted under this section unless it involves evidence of the	55
origin of semen, pregnancy, or disease, or the victim's past	56
sexual activity with the offender, and only to the extent that the	57
court finds that the evidence is material to a fact at issue in	58
the case and that its inflammatory or prejudicial nature does not	59
outweigh its probative value.	60

Evidence of specific instances of the defendant's sexual	61
activity, opinion evidence of the defendant's sexual activity, and	62
reputation evidence of the defendant's sexual activity shall not	63
be admitted under this section unless it involves evidence of the	64
origin of semen, pregnancy, or disease, the defendant's past	65
sexual activity with the victim, or is admissible against the	66
defendant under section 2945.59 of the Revised Code, and only to	67
the extent that the court finds that the evidence is material to a	68
fact at issue in the case and that its inflammatory or prejudicial	69
nature does not outweigh its probative value.	70

(E) Prior to taking testimony or receiving evidence of any	71
sexual activity of the victim or the defendant in a proceeding	72
under this section, the court shall resolve the admissibility of	73
the proposed evidence in a hearing in chambers, which shall be	74
held at or before preliminary hearing and not less than three days	75
before trial, or for good cause shown during the trial.	76

(F) Upon approval by the court, the victim may be	77
represented by counsel in any hearing in chambers or other	78
proceeding to resolve the admissibility of evidence. If the	79
victim is indigent or otherwise is unable to obtain the services	80
of counsel, the court, upon request, may appoint counsel to	81
represent the victim without cost to the victim.	82

(G) It is not a defense to a charge under division (A)(2) of	83
this section that the offender and the victim were married or were	84
cohabiting at the time of the commission of the offense.	85

Section 2. That existing section 2907.02 of the Revised Code	86
is hereby repealed.	87

Section 3. This act is hereby declared to be an emergency	88
measure necessary for the immediate preservation of the public	89
peace, health, and safety. The reason for such necessity is that	90
this act's elimination of the need to prove force or a threat of	91
force in cases involving the rape of a child under the age of ten	92
is needed at the earliest possible date to prevent sex offenders	93
from preying on the children of Ohio. Therefore, this act shall	94
go into immediate effect.	95