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| To amend sections 2907.03 and 2907.08 of the Revised | 1 |
| Code to include security guards as persons of | 2 |
| authority for purposes of the offenses of sexual | 3 |
| battery and voyeurism. | 4 |
| Section 1. That sections 2907.03 and 2907.08 of the Revised | 5 |
| Code be amended to read as follows: | 6 |
| Sec. 2907.03. (A) No person shall engage in sexual conduct | 7 |
| with another, not the spouse of the offender, when any of the | 8 |
| following apply: | 9 |
| (1) The offender knowingly coerces the other person to submit | 10 |
| by any means that would prevent resistance by a person of ordinary | 11 |
| resolution. | 12 |
| (2) The offender knows that the other person's ability to | 13 |
| appraise the nature of or control the other person's own conduct | 14 |
| is substantially impaired. | 15 |
| (3) The offender knows that the other person submits because | 16 |
| the other person is unaware that the act is being committed. | 17 |
| (4) The offender knows that the other person submits because | 18 |
| the other person mistakenly identifies the offender as the other | 19 |
| person's spouse. | 20 |
| (5) The offender is the other person's natural or adoptive | 21 |
| parent, or a stepparent, or guardian, custodian, or person in loco | 22 |
| parentis of the other person. | 23 |
| (6) The other person is in custody of law or a patient in a | 24 |
| hospital or other institution, and the offender has supervisory or | 25 |
| disciplinary authority over the other person. | 26 |
| (7) The offender is a teacher, administrator, coach, security | 27 |
| guard, or other person in authority employed by or serving in a | 28 |
| school for which the state board of education prescribes minimum | 29 |
| standards pursuant to division (D) of section 3301.07 of the | 30 |
| Revised Code, the other person is enrolled in or attends that | 31 |
| school, and the offender is not enrolled in and does not attend | 32 |
| that school. | 33 |
| (8) The other person is a minor, the offender is a teacher, | 34 |
| administrator, coach, security guard, or other person in authority | 35 |
| employed by or serving in an institution of higher education, and | 36 |
| the other person is enrolled in or attends that institution. | 37 |
| (9) The other person is a minor, and the offender is the | 38 |
| other person's athletic or other type of coach, is the other | 39 |
| person's instructor, is the leader of a scouting troop of which | 40 |
| the other person is a member, or is a person with temporary or | 41 |
| occasional disciplinary control over the other person. | 42 |
| (10) The offender is a mental health professional, the other | 43 |
| person is a mental health client or patient of the offender, and | 44 |
| the offender induces the other person to submit by falsely | 45 |
| representing to the other person that the sexual conduct is | 46 |
| necessary for mental health treatment purposes. | 47 |
| (11) The other person is confined in a detention facility, | 48 |
| and the offender is an employee of that detention facility. | 49 |
| (12) The other person is a minor, the offender is a cleric, | 50 |
| and the other person is a member of, or attends, the church or | 51 |
| congregation served by the cleric. | 52 |
| (B) Whoever violates this section is guilty of sexual | 53 |
| battery. Except as otherwise provided in this division, sexual | 54 |
| battery is a felony of the third degree. If the other person is | 55 |
| less than thirteen years of age, sexual battery is a felony of the | 56 |
| second degree, and the court shall impose upon the offender a | 57 |
| mandatory prison term equal to one of the prison terms prescribed | 58 |
| in section 2929.14 of the Revised Code for a felony of the second | 59 |
| degree. | 60 |
| (C) As used in this section: | 61 |
| (1) "Cleric" has the same meaning as in section 2317.02 of | 62 |
| the Revised Code. | 63 |
| (2) "Detention facility" has the same meaning as in section | 64 |
| 2921.01 of the Revised Code. | 65 |
| (3) "Institution of higher education" means a state | 66 |
| institution of higher education defined in section 3345.011 of the | 67 |
| Revised Code, a private nonprofit college or university located in | 68 |
| this state that possesses a certificate of authorization issued by | 69 |
| the Ohio board of regents pursuant to Chapter 1713. of the Revised | 70 |
| Code, or a school certified under Chapter 3332. of the Revised | 71 |
| Code. | 72 |
| Sec. 2907.08. (A) No person, for the purpose of sexually | 73 |
| arousing or gratifying the person's self, shall commit trespass or | 74 |
| otherwise surreptitiously invade the privacy of another, to spy or | 75 |
| eavesdrop upon another. | 76 |
| (B) No person, for the purpose of sexually arousing or | 77 |
| gratifying the person's self, shall commit trespass or otherwise | 78 |
| surreptitiously invade the privacy of another to videotape, film, | 79 |
| photograph, or otherwise record the other person in a state of | 80 |
| nudity. | 81 |
| (C) No person, for the purpose of sexually arousing or | 82 |
| gratifying the person's self, shall commit trespass or otherwise | 83 |
| surreptitiously invade the privacy of another to videotape, film, | 84 |
| photograph, or otherwise record the other person in a state of | 85 |
| nudity if the other person is a minor. | 86 |
| (D) No person, for the purpose of sexually arousing or | 87 |
| gratifying the person's self, shall commit trespass or otherwise | 88 |
| surreptitiously invade the privacy of another to videotape, film, | 89 |
| photograph, or otherwise record the other person in a state of | 90 |
| nudity if the other person is a minor and any of the following | 91 |
| applies: | 92 |
| (1) The offender is the minor's natural or adoptive parent, | 93 |
| stepparent, guardian, or custodian, or person in loco parentis of | 94 |
| the minor. | 95 |
| (2) The minor is in custody of law or is a patient in a | 96 |
| hospital or other institution, and the offender has supervisory or | 97 |
| disciplinary authority over the minor. | 98 |
| (3) The offender is a teacher, administrator, coach, security | 99 |
| guard, or other person in authority employed by or serving in a | 100 |
| school for which the state board of education prescribes minimum | 101 |
| standards pursuant to division (D) of section 3301.07 of the | 102 |
| Revised Code, the minor is enrolled in or attends that school, and | 103 |
| the offender is not enrolled in and does not attend that school. | 104 |
| (4) The offender is a teacher, administrator, coach, security | 105 |
| guard, or other person in authority employed by or serving in an | 106 |
| institution of higher education, and the minor is enrolled in or | 107 |
| attends that institution. | 108 |
| (5) The offender is a caregiver, administrator, security | 109 |
| guard, or other person in authority employed by or serving in a | 110 |
| child day-care center, type A family day-care home, or type B | 111 |
| family day-care home, and the minor is enrolled in or attends that | 112 |
| center or home. | 113 |
| (6) The offender is the minor's athletic or other type of | 114 |
| coach, is the minor's instructor, is the leader of a scouting | 115 |
| troop of which the minor is a member, provides babysitting care | 116 |
| for the minor, or is a person with temporary or occasional | 117 |
| disciplinary control over the minor. | 118 |
| (E) No person shall secretly or surreptitiously videotape, | 119 |
| film, photograph, or otherwise record another person under or | 120 |
| through the clothing being worn by that other person for the | 121 |
| purpose of viewing the body of, or the undergarments worn by, that | 122 |
| other person. | 123 |
| (F)(1) Whoever violates this section is guilty of voyeurism. | 124 |
| (2) A violation of division (A) of this section is a | 125 |
| misdemeanor of the third degree. | 126 |
| (3) A violation of division (B) of this section is a | 127 |
| misdemeanor of the second degree. | 128 |
| (4) A violation of division (C) or (E) of this section is a | 129 |
| misdemeanor of the first degree. | 130 |
| (5) A violation of division (D) of this section is a felony | 131 |
| of the fifth degree. | 132 |
| (G) As used in this section: | 133 |
| (1) "Institution of higher education" means a state | 134 |
| institution of higher education as defined in section 3345.031 of | 135 |
| the Revised Code, a private nonprofit college or university | 136 |
| located in this state that possesses a certificate of | 137 |
| authorization issued by the Ohio board of regents pursuant to | 138 |
| Chapter 1713. of the Revised Code, or a school certified under | 139 |
| Chapter 3332. of the Revised Code. | 140 |
| (2) "Child day-care center," "type A family day-care home," | 141 |
| and "type B family day-care home" have the same meanings as in | 142 |
| section 5104.01 of the Revised Code. | 143 |
| (3) "Babysitting care" means care provided for a child while | 144 |
| the parents, guardian, or legal custodian of the child is | 145 |
| temporarily away. | 146 |
| Section 2. That existing sections 2907.03 and 2907.08 of the | 147 |
| Revised Code are hereby repealed. | 148 |
| Section 3. Section 2907.03 of the Revised Code is presented | 149 |
| in this act as a composite of the section as amended by both Am. | 150 |
| Sub. H.B. 95 and Am. Sub. S.B. 17 of the 126th General Assembly. | 151 |
| The General Assembly, applying the principle stated in division | 152 |
| (B) of section 1.52 of the Revised Code that amendments are to be | 153 |
| harmonized if reasonably capable of simultaneous operation, finds | 154 |
| that the composite is the resulting version of the section in | 155 |
| effect prior to the effective date of the section as presented in | 156 |
| this act. | 157 |