S. B. No. 183 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

S. B. No. 183

Senator Schaffer

Cosponsors: Senators Coughlin, Austria, Cates, Clancy, Faber, Gardner, Grendell, Padgett

A BILL

To amend section 2907.07 of the Revised Code to

provide mandatory minimum prison terms for persons

who plead guilty to or are convicted of

importuning by means of a telecommunications

device.

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

Section 1. That section 2907.07 of the Revised Code be	6
amended to read as follows:	7

Sec. 2907.07. (A) No person shall solicit a person who is	8
less than thirteen years of age to engage in sexual activity with	9
the offender, whether or not the offender knows the age of such	10
person.	11

(B) No person shall solicit another, not the spouse of the	12
offender, to engage in sexual conduct with the offender, when the	13
offender is eighteen years of age or older and four or more years	14
older than the other person, and the other person is thirteen	15
years of age or older but less than sixteen years of age, whether	16
or not the offender knows the age of the other person.	17

(C) No person shall solicit another by means of a	18
telecommunications device, as defined in section 2913.01 of the	19
Revised Code, to engage in sexual activity with the offender when	20
the offender is eighteen years of age or older and either of the	21
following applies:	22

(1) The other person is less than thirteen years of age, and	23
the offender knows that the other person is less than thirteen	24
years of age or is reckless in that regard.	25

(2) The other person is a law enforcement officer posing as a	26
person who is less than thirteen years of age, and the offender	27
believes that the other person is less than thirteen years of age	28
or is reckless in that regard.	29

(D) No person shall solicit another by means of a	30
telecommunications device, as defined in section 2913.01 of the	31
Revised Code, to engage in sexual activity with the offender when	32
the offender is eighteen years of age or older and either of the	33
following applies:	34

(1) The other person is thirteen years of age or older but	35
less than sixteen years of age, the offender knows that the other	36
person is thirteen years of age or older but less than sixteen	37
years of age or is reckless in that regard, and the offender is	38
four or more years older than the other person.	39

(2) The other person is a law enforcement officer posing as a	40
person who is thirteen years of age or older but less than sixteen	41
years of age, the offender believes that the other person is	42
thirteen years of age or older but less than sixteen years of age	43
or is reckless in that regard, and the offender is four or more	44
years older than the age the law enforcement officer assumes in	45
posing as the person who is thirteen years of age or older but	46
less than sixteen years of age.	47

(E) Divisions (C) and (D) of this section apply to any	48
solicitation that is contained in a transmission via a	49
telecommunications device that either originates in this state or	50
is received in this state.	51

(F) Whoever violates this section is guilty of importuning.	52
A violation of division (A) or (C) of this section is a felony of	53
the third degree on a first offense and a felony of the second	54
degree on each subsequent offense. Notwithstanding division (C) of	55
section 2929.13 of the Revised Code, there is a presumption that a	56
prison term shall be imposed for a violation of division (A) or	57
~~(C)~~ of this section as described in division (D) of section	58
2929.13 of the Revised Code. If the violation of division (C) of	59
this section is a felony of the third degree, the court shall	60
impose upon the offender as a mandatory prison term one of the	61
prison terms prescribed in section 2929.14 of the Revised Code for	62
a felony of the third degree. If the violation of division (C) of	63
this section is a felony of the second degree, the court shall	64
impose upon the offender as a mandatory prison term one of the	65
prison terms prescribed in section 2929.14 of the Revised Code for	66
a felony of the second degree. A violation of division (B) or (D)	67
of this section is a felony of the fifth degree on a first offense	68
and a felony of the fourth degree on each subsequent offense. If	69
the violation of division (D) of this section is a felony of the	70
fifth degree, the court shall impose upon the offender as a	71
mandatory prison term one of the prison terms prescribed in	72
section 2929.14 of the Revised Code for a felony of the fifth	73
degree. If the violation of division (D) of this section is a	74
felony of the fourth degree, the court shall impose upon the	75
offender as a mandatory prison term one of the prison terms	76
prescribed in section 2929.14 of the Revised Code for a felony of	77
the fourth degree that is not less than twelve months in duration.	78

Section 2. The existing section 2907.07 of the Revised Code	79
is hereby repealed.	80