|
|
| To enact section 2927.05 of the Revised Code to | 1 |
| prohibit a person from using a deceased soldier's | 2 |
| persona for a commercial purpose without written | 3 |
| consent. | 4 |
| Section 1. That section 2927.05 of the Revised Code be | 5 |
| enacted to read as follows: | 6 |
| Sec. 2927.05. (A) As used in this section: | 7 |
| (1) "Commercial purpose," "persona," and "written consent" | 8 |
| have the same meanings as in section 2741.01 of the Revised Code. | 9 |
| (2) "Deceased soldier" means an officer or enlisted member of | 10 |
| the army, navy, air force, marine corps, or coast guard of the | 11 |
| United States, the reserve forces of the United States, the Ohio | 12 |
| national guard, the Ohio military reserve, or the Ohio naval | 13 |
| militia who dies as a result of injuries sustained in the line of | 14 |
| duty. | 15 |
| (B) No person shall use any aspect of a deceased soldier's | 16 |
| persona for a commercial purpose without obtaining the written | 17 |
| consent to use the deceased soldier's persona for a commercial | 18 |
| purpose from the deceased soldier or from the deceased soldier's | 19 |
| spouse or next of kin. | 20 |
| (C) Whoever violates division (B) of this section is guilty | 21 |
| of using a deceased soldier's persona for a commercial purpose, a | 22 |
| misdemeanor of the first degree. | 23 |
| (D) The prosecution of an offender for a violation of this | 24 |
| section does not prohibit a person described in section 2741.06 of | 25 |
| the Revised Code from bringing a civil action against the offender | 26 |
| pursuant to that section for acts that are the basis of the | 27 |
| violation of this section of which the offender was convicted. | 28 |