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To amend sections 2901.01, 2905.01, 2905.02, 2907.21, | 1 |
2923.01, 2923.31, 2929.01, and 2933.51 and to | 2 |
enact sections 2905.31, 2905.32, and 2905.33 of | 3 |
the Revised Code to create the offenses of | 4 |
trafficking in persons and unlawful conduct with | 5 |
respect to documents; to revise the involuntary | 6 |
servitude-related elements of, and the penalty | 7 |
for, the offense of kidnapping; to increase the | 8 |
penalty for the offense of abduction based on | 9 |
involuntary servitude; to clarify an element of | 10 |
the offense of compelling prostitution that | 11 |
relates to the compelling of another to engage in | 12 |
specified conduct; to include abduction and | 13 |
trafficking in persons within the offense of | 14 |
conspiracy; to include trafficking in persons in | 15 |
the definitions of "offense of violence" and | 16 |
"corrupt activity" and the list of offenses that | 17 |
are subject to the Communications Interception | 18 |
Law; and to include involuntary servitude and | 19 |
trafficking in persons within the definition of | 20 |
"human trafficking." | 21 |
Section 1. That sections 2901.01, 2905.01, 2905.02, 2907.21, | 22 |
2923.01, 2923.31, 2929.01, and 2933.51 be amended and sections | 23 |
2905.31, 2905.32, and 2905.33 of the Revised Code be enacted to | 24 |
read as follows: | 25 |
Sec. 2901.01. (A) As used in the Revised Code: | 26 |
(1) "Force" means any violence, compulsion, or constraint | 27 |
physically exerted by any means upon or against a person or thing. | 28 |
(2) "Deadly force" means any force that carries a substantial | 29 |
risk that it will proximately result in the death of any person. | 30 |
(3) "Physical harm to persons" means any injury, illness, or | 31 |
other physiological impairment, regardless of its gravity or | 32 |
duration. | 33 |
(4) "Physical harm to property" means any tangible or | 34 |
intangible damage to property that, in any degree, results in loss | 35 |
to its value or interferes with its use or enjoyment. "Physical | 36 |
harm to property" does not include wear and tear occasioned by | 37 |
normal use. | 38 |
(5) "Serious physical harm to persons" means any of the | 39 |
following: | 40 |
(a) Any mental illness or condition of such gravity as would | 41 |
normally require hospitalization or prolonged psychiatric | 42 |
treatment; | 43 |
(b) Any physical harm that carries a substantial risk of | 44 |
death; | 45 |
(c) Any physical harm that involves some permanent | 46 |
incapacity, whether partial or total, or that involves some | 47 |
temporary, substantial incapacity; | 48 |
(d) Any physical harm that involves some permanent | 49 |
disfigurement or that involves some temporary, serious | 50 |
disfigurement; | 51 |
(e) Any physical harm that involves acute pain of such | 52 |
duration as to result in substantial suffering or that involves | 53 |
any degree of prolonged or intractable pain. | 54 |
(6) "Serious physical harm to property" means any physical | 55 |
harm to property that does either of the following: | 56 |
(a) Results in substantial loss to the value of the property | 57 |
or requires a substantial amount of time, effort, or money to | 58 |
repair or replace; | 59 |
(b) Temporarily prevents the use or enjoyment of the property | 60 |
or substantially interferes with its use or enjoyment for an | 61 |
extended period of time. | 62 |
(7) "Risk" means a significant possibility, as contrasted | 63 |
with a remote possibility, that a certain result may occur or that | 64 |
certain circumstances may exist. | 65 |
(8) "Substantial risk" means a strong possibility, as | 66 |
contrasted with a remote or significant possibility, that a | 67 |
certain result may occur or that certain circumstances may exist. | 68 |
(9) "Offense of violence" means any of the following: | 69 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 70 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, | 71 |
2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03, | 72 |
2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, | 73 |
2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, | 74 |
2921.34, or 2923.161, of division (A)(1), (2), or (3) of section | 75 |
2911.12, or of division (B)(1), (2), (3), or (4) of section | 76 |
2919.22 of the Revised Code or felonious sexual penetration in | 77 |
violation of former section 2907.12 of the Revised Code; | 78 |
(b) A violation of an existing or former municipal ordinance | 79 |
or law of this or any other state or the United States, | 80 |
substantially equivalent to any section, division, or offense | 81 |
listed in division (A)(9)(a) of this section; | 82 |
(c) An offense, other than a traffic offense, under an | 83 |
existing or former municipal ordinance or law of this or any other | 84 |
state or the United States, committed purposely or knowingly, and | 85 |
involving physical harm to persons or a risk of serious physical | 86 |
harm to persons; | 87 |
(d) A conspiracy or attempt to commit, or complicity in | 88 |
committing, any offense under division (A)(9)(a), (b), or (c) of | 89 |
this section. | 90 |
(10)(a) "Property" means any property, real or personal, | 91 |
tangible or intangible, and any interest or license in that | 92 |
property. "Property" includes, but is not limited to, cable | 93 |
television service, other telecommunications service, | 94 |
telecommunications devices, information service, computers, data, | 95 |
computer software, financial instruments associated with | 96 |
computers, other documents associated with computers, or copies of | 97 |
the documents, whether in machine or human readable form, trade | 98 |
secrets, trademarks, copyrights, patents, and property protected | 99 |
by a trademark, copyright, or patent. "Financial instruments | 100 |
associated with computers" include, but are not limited to, | 101 |
checks, drafts, warrants, money orders, notes of indebtedness, | 102 |
certificates of deposit, letters of credit, bills of credit or | 103 |
debit cards, financial transaction authorization mechanisms, | 104 |
marketable securities, or any computer system representations of | 105 |
any of them. | 106 |
(b) As used in division (A)(10) of this section, "trade | 107 |
secret" has the same meaning as in section 1333.61 of the Revised | 108 |
Code, and "telecommunications service" and "information service" | 109 |
have the same meanings as in section 2913.01 of the Revised Code. | 110 |
(c) As used in divisions (A)(10) and (13) of this section, | 111 |
"cable television service," "computer," "computer software," | 112 |
"computer system," "computer network," "data," and | 113 |
"telecommunications device" have the same meanings as in section | 114 |
2913.01 of the Revised Code. | 115 |
(11) "Law enforcement officer" means any of the following: | 116 |
(a) A sheriff, deputy sheriff, constable, police officer of a | 117 |
township or joint township police district, marshal, deputy | 118 |
marshal, municipal police officer, member of a police force | 119 |
employed by a metropolitan housing authority under division (D) of | 120 |
section 3735.31 of the Revised Code, or state highway patrol | 121 |
trooper; | 122 |
(b) An officer, agent, or employee of the state or any of its | 123 |
agencies, instrumentalities, or political subdivisions, upon whom, | 124 |
by statute, a duty to conserve the peace or to enforce all or | 125 |
certain laws is imposed and the authority to arrest violators is | 126 |
conferred, within the limits of that statutory duty and authority; | 127 |
(c) A mayor, in the mayor's capacity as chief conservator of | 128 |
the peace within the mayor's municipal corporation; | 129 |
(d) A member of an auxiliary police force organized by | 130 |
county, township, or municipal law enforcement authorities, within | 131 |
the scope of the member's appointment or commission; | 132 |
(e) A person lawfully called pursuant to section 311.07 of | 133 |
the Revised Code to aid a sheriff in keeping the peace, for the | 134 |
purposes and during the time when the person is called; | 135 |
(f) A person appointed by a mayor pursuant to section 737.01 | 136 |
of the Revised Code as a special patrolling officer during riot or | 137 |
emergency, for the purposes and during the time when the person is | 138 |
appointed; | 139 |
(g) A member of the organized militia of this state or the | 140 |
armed forces of the United States, lawfully called to duty to aid | 141 |
civil authorities in keeping the peace or protect against domestic | 142 |
violence; | 143 |
(h) A prosecuting attorney, assistant prosecuting attorney, | 144 |
secret service officer, or municipal prosecutor; | 145 |
(i) A veterans' home police officer appointed under section | 146 |
5907.02 of the Revised Code; | 147 |
(j) A member of a police force employed by a regional transit | 148 |
authority under division (Y) of section 306.35 of the Revised | 149 |
Code; | 150 |
(k) A special police officer employed by a port authority | 151 |
under section 4582.04 or 4582.28 of the Revised Code; | 152 |
(l) The house of representatives sergeant at arms if the | 153 |
house of representatives sergeant at arms has arrest authority | 154 |
pursuant to division (E)(1) of section 101.311 of the Revised Code | 155 |
and an assistant house of representatives sergeant at arms; | 156 |
(m) A special police officer employed by a municipal | 157 |
corporation at a municipal airport, or other municipal air | 158 |
navigation facility, that has scheduled operations, as defined in | 159 |
section 119.3 of Title 14 of the Code of Federal Regulations, 14 | 160 |
C.F.R. 119.3, as amended, and that is required to be under a | 161 |
security program and is governed by aviation security rules of the | 162 |
transportation security administration of the United States | 163 |
department of transportation as provided in Parts 1542. and 1544. | 164 |
of Title 49 of the Code of Federal Regulations, as amended. | 165 |
(12) "Privilege" means an immunity, license, or right | 166 |
conferred by law, bestowed by express or implied grant, arising | 167 |
out of status, position, office, or relationship, or growing out | 168 |
of necessity. | 169 |
(13) "Contraband" means any property that is illegal for a | 170 |
person to acquire or possess under a statute, ordinance, or rule, | 171 |
or that a trier of fact lawfully determines to be illegal to | 172 |
possess by reason of the property's involvement in an offense. | 173 |
"Contraband" includes, but is not limited to, all of the | 174 |
following: | 175 |
(a) Any controlled substance, as defined in section 3719.01 | 176 |
of the Revised Code, or any device or paraphernalia; | 177 |
(b) Any unlawful gambling device or paraphernalia; | 178 |
(c) Any dangerous ordnance or obscene material. | 179 |
(14) A person is "not guilty by reason of insanity" relative | 180 |
to a charge of an offense only if the person proves, in the manner | 181 |
specified in section 2901.05 of the Revised Code, that at the time | 182 |
of the commission of the offense, the person did not know, as a | 183 |
result of a severe mental disease or defect, the wrongfulness of | 184 |
the person's acts. | 185 |
(B)(1)(a) Subject to division (B)(2) of this section, as used | 186 |
in any section contained in Title XXIX of the Revised Code that | 187 |
sets forth a criminal offense, "person" includes all of the | 188 |
following: | 189 |
(i) An individual, corporation, business trust, estate, | 190 |
trust, partnership, and association; | 191 |
(ii) An unborn human who is viable. | 192 |
(b) As used in any section contained in Title XXIX of the | 193 |
Revised Code that does not set forth a criminal offense, "person" | 194 |
includes an individual, corporation, business trust, estate, | 195 |
trust, partnership, and association. | 196 |
(c) As used in division (B)(1)(a) of this section: | 197 |
(i) "Unborn human" means an individual organism of the | 198 |
species Homo sapiens from fertilization until live birth. | 199 |
(ii) "Viable" means the stage of development of a human fetus | 200 |
at which there is a realistic possibility of maintaining and | 201 |
nourishing of a life outside the womb with or without temporary | 202 |
artificial life-sustaining support. | 203 |
(2) Notwithstanding division (B)(1)(a) of this section, in no | 204 |
case shall the portion of the definition of the term "person" that | 205 |
is set forth in division (B)(1)(a)(ii) of this section be applied | 206 |
or construed in any section contained in Title XXIX of the Revised | 207 |
Code that sets forth a criminal offense in any of the following | 208 |
manners: | 209 |
(a) Except as otherwise provided in division (B)(2)(a) of | 210 |
this section, in a manner so that the offense prohibits or is | 211 |
construed as prohibiting any pregnant woman or her physician from | 212 |
performing an abortion with the consent of the pregnant woman, | 213 |
with the consent of the pregnant woman implied by law in a medical | 214 |
emergency, or with the approval of one otherwise authorized by law | 215 |
to consent to medical treatment on behalf of the pregnant woman. | 216 |
An abortion that violates the conditions described in the | 217 |
immediately preceding sentence may be punished as a violation of | 218 |
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, | 219 |
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22 | 220 |
of the Revised Code, as applicable. An abortion that does not | 221 |
violate the conditions described in the second immediately | 222 |
preceding sentence, but that does violate section 2919.12, | 223 |
division (B) of section 2919.13, or section 2919.151, 2919.17, or | 224 |
2919.18 of the Revised Code, may be punished as a violation of | 225 |
section 2919.12, division (B) of section 2919.13, or section | 226 |
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable. | 227 |
Consent is sufficient under this division if it is of the type | 228 |
otherwise adequate to permit medical treatment to the pregnant | 229 |
woman, even if it does not comply with section 2919.12 of the | 230 |
Revised Code. | 231 |
(b) In a manner so that the offense is applied or is | 232 |
construed as applying to a woman based on an act or omission of | 233 |
the woman that occurs while she is or was pregnant and that | 234 |
results in any of the following: | 235 |
(i) Her delivery of a stillborn baby; | 236 |
(ii) Her causing, in any other manner, the death in utero of | 237 |
a viable, unborn human that she is carrying; | 238 |
(iii) Her causing the death of her child who is born alive | 239 |
but who dies from one or more injuries that are sustained while | 240 |
the child is a viable, unborn human; | 241 |
(iv) Her causing her child who is born alive to sustain one | 242 |
or more injuries while the child is a viable, unborn human; | 243 |
(v) Her causing, threatening to cause, or attempting to | 244 |
cause, in any other manner, an injury, illness, or other | 245 |
physiological impairment, regardless of its duration or gravity, | 246 |
or a mental illness or condition, regardless of its duration or | 247 |
gravity, to a viable, unborn human that she is carrying. | 248 |
(C) As used in Title XXIX of the Revised Code: | 249 |
(1) "School safety zone" consists of a school, school | 250 |
building, school premises, school activity, and school bus. | 251 |
(2) "School," "school building," and "school premises" have | 252 |
the same meanings as in section 2925.01 of the Revised Code. | 253 |
(3) "School activity" means any activity held under the | 254 |
auspices of a board of education of a city, local, exempted | 255 |
village, joint vocational, or cooperative education school | 256 |
district; a governing authority of a community school established | 257 |
under Chapter 3314. of the Revised Code; a governing board of an | 258 |
educational service center, or the governing body of a school for | 259 |
which the state board of education prescribes minimum standards | 260 |
under section 3301.07 of the Revised Code. | 261 |
(4) "School bus" has the same meaning as in section 4511.01 | 262 |
of the Revised Code. | 263 |
Sec. 2905.01. (A) No person, by force, threat, or deception, | 264 |
or, in the case of a victim under the age of thirteen or mentally | 265 |
incompetent, by any means, shall remove another from the place | 266 |
where the other person is found or restrain the liberty of the | 267 |
other person, for any of the following purposes: | 268 |
(1) To hold for ransom, or as a shield or hostage; | 269 |
(2) To facilitate the commission of any felony or flight | 270 |
thereafter; | 271 |
(3) To terrorize, or to inflict serious physical harm on the | 272 |
victim or another; | 273 |
(4) To engage in sexual activity, as defined in section | 274 |
2907.01 of the Revised Code, with the victim against the victim's | 275 |
will; | 276 |
(5) To hinder, impede, or obstruct a function of government, | 277 |
or to force any action or concession on the part of governmental | 278 |
authority; | 279 |
(6) To hold in a condition of involuntary servitude. | 280 |
(B) No person, by force, threat, or deception, or, in the | 281 |
case of a victim under the age of thirteen or mentally | 282 |
incompetent, by any means, shall knowingly do any of the | 283 |
following, under circumstances that create a substantial risk of | 284 |
serious physical harm to the victim or, in the case of a minor | 285 |
victim, under circumstances that either create a substantial risk | 286 |
of serious physical harm to the victim or cause physical harm to | 287 |
the victim: | 288 |
(1) Remove another from the place where the other person is | 289 |
found; | 290 |
(2) Restrain another of the other person's liberty | 291 |
| 292 |
(C)(1) Whoever violates this section is guilty of kidnapping. | 293 |
Except as otherwise provided in this division or division (C)(2) | 294 |
or (3) of this section, kidnapping is a felony of the first | 295 |
degree. Except as otherwise provided in this division or division | 296 |
(C)(2) or (3) of this section, if | 297 |
division (A)(1) to (5), (B)(1), or (B)(2) of this section releases | 298 |
the victim in a safe place unharmed, kidnapping is a felony of the | 299 |
second degree. | 300 |
(2) If the offender in any case also is convicted of or | 301 |
pleads guilty to a specification as described in section 2941.1422 | 302 |
of the Revised Code that was included in the indictment, count in | 303 |
the indictment, or information charging the offense, the court | 304 |
shall order the offender to make restitution as provided in | 305 |
division (B)(8) of section 2929.18 of the Revised Code and, except | 306 |
as otherwise provided in division (C)(3) of this section, shall | 307 |
sentence the offender to a mandatory prison term as provided in | 308 |
division (D)(7) of section 2929.14 of the Revised Code. | 309 |
(3) If the victim of the offense is less than thirteen years | 310 |
of age and if the offender also is convicted of or pleads guilty | 311 |
to a sexual motivation specification that was included in the | 312 |
indictment, count in the indictment, or information charging the | 313 |
offense, kidnapping is a felony of the first degree, and, | 314 |
notwithstanding the definite sentence provided for a felony of the | 315 |
first degree in section 2929.14 of the Revised Code, the offender | 316 |
shall be sentenced pursuant to section 2971.03 of the Revised Code | 317 |
as follows: | 318 |
(a) Except as otherwise provided in division (C)(3)(b) of | 319 |
this section, the offender shall be sentenced pursuant to that | 320 |
section to an indefinite prison term consisting of a minimum term | 321 |
of fifteen years and a maximum term of life imprisonment. | 322 |
(b) If the offender releases the victim in a safe place | 323 |
unharmed, the offender shall be sentenced pursuant to that section | 324 |
to an indefinite term consisting of a minimum term of ten years | 325 |
and a maximum term of life imprisonment. | 326 |
(D) As used in this section | 327 |
(1) "Involuntary servitude" has the same meaning as in | 328 |
section 2905.31 of the Revised Code. | 329 |
(2) "Sexual motivation specification" has the same meaning as | 330 |
in section 2971.01 of the Revised Code. | 331 |
Sec. 2905.02. (A) No person, without privilege to do so, | 332 |
shall knowingly do any of the following: | 333 |
(1) By force or threat, remove another from the place where | 334 |
the other person is found; | 335 |
(2) By force or threat, restrain the liberty of another | 336 |
person under circumstances that create a risk of physical harm to | 337 |
the victim or place the other person in fear; | 338 |
(3) Hold another in a condition of involuntary servitude. | 339 |
(B) No person, with a sexual motivation, shall violate | 340 |
division (A) of this section. | 341 |
(C) Whoever violates this section is guilty of abduction | 342 |
violation of division (A)(1) or (2) of this section or a violation | 343 |
of division (B) of this section involving conduct of the type | 344 |
described in division (A)(1) or (2) of this section is a felony of | 345 |
the third degree. A violation of division (A)(3) of this section | 346 |
or a violation of division (B) of this section involving conduct | 347 |
of the type described in division (A)(3) of this section is a | 348 |
felony of the second degree. If the offender in any case also is | 349 |
convicted of or pleads guilty to a specification as described in | 350 |
section 2941.1422 of the Revised Code that was included in the | 351 |
indictment, count in the indictment, or information charging the | 352 |
offense, the court shall sentence the offender to a mandatory | 353 |
prison term as provided in division (D)(7) of section 2929.14 of | 354 |
the Revised Code and shall order the offender to make restitution | 355 |
as provided in division (B)(8) of section 2929.18 of the Revised | 356 |
Code. | 357 |
(D) As used in this section | 358 |
(1) "Involuntary servitude" has the same meaning as in | 359 |
section 2905.31 of the Revised Code. | 360 |
(2) "Sexual motivation" has the same meaning as in section | 361 |
2971.01 of the Revised Code. | 362 |
Sec. 2905.31. As used in sections 2905.31 to 2905.33 of the | 363 |
Revised Code: | 364 |
(A) "Involuntary servitude" means being compelled to perform | 365 |
labor or services for another against one's will. | 366 |
(B) "Material that is obscene, sexually oriented, or nudity | 367 |
oriented" and "performance that is obscene, sexually oriented, or | 368 |
nudity oriented" have the same meanings as in section 2929.01 of | 369 |
the Revised Code. | 370 |
Sec. 2905.32. (A) No person shall knowingly recruit, lure, | 371 |
entice, isolate, harbor, transport, provide, obtain, or maintain, | 372 |
or knowingly attempt to recruit, lure, entice, isolate, harbor, | 373 |
transport, provide, obtain, or maintain, another person knowing | 374 |
that the person will be subjected to involuntary servitude or be | 375 |
compelled to engage in sexual activity for hire, engage in a | 376 |
performance that is obscene, sexually oriented, or nudity | 377 |
oriented, or be a model or participant in the production of | 378 |
material that is obscene, sexually oriented, or nudity oriented. | 379 |
(B) For a prosecution under this section, the element | 380 |
"compelled" does not require that the compulsion be openly | 381 |
displayed or physically exerted. The element "compelled" has been | 382 |
established if the state proves that the victim's will was | 383 |
overcome by force, fear, duress, or intimidation. | 384 |
(C) In a prosecution under this section, proof that the | 385 |
defendant engaged in sexual activity with any person, or solicited | 386 |
sexual activity with any person, whether or not for hire, without | 387 |
more, does not constitute a violation of this section. | 388 |
(D) A prosecution for a violation of this section does not | 389 |
preclude a prosecution of a violation of any other section of the | 390 |
Revised Code. One or more acts, a series of acts, or a course of | 391 |
behavior that can be prosecuted under this section or any other | 392 |
section of the Revised Code may be prosecuted under this section, | 393 |
the other section of the Revised Code, or both sections. However, | 394 |
if an offender is convicted of or pleads guilty to a violation of | 395 |
this section and also is convicted of or pleads guilty to any | 396 |
other offense based on the same conduct involving the same victim | 397 |
that was the basis of the violation of this section, the two | 398 |
offenses are allied offenses of similar import under section | 399 |
2941.25 of the Revised Code. | 400 |
(E) Whoever violates this section is guilty of trafficking in | 401 |
persons, a felony of the second degree. | 402 |
Sec. 2905.33. (A) No person, without privilege to do so, | 403 |
shall knowingly destroy, conceal, remove, confiscate, or possess | 404 |
any actual or purported government identification document or | 405 |
passport of another person in the course of a violation of, with | 406 |
intent to violate, or with intent to facilitate a violation of | 407 |
section 2905.01, 2905.02, 2905.32, 2907.21, 2907.22, 2907.32, | 408 |
2907.321, 2907.322, or 2907.323 of the Revised Code. | 409 |
(B) Whoever violates this section is guilty of unlawful | 410 |
conduct with respect to documents, a felony of the third degree. | 411 |
Sec. 2907.21. (A) No person shall knowingly do any of the | 412 |
following: | 413 |
(1) Compel another to engage in sexual activity for hire; | 414 |
(2) Induce, procure, encourage, solicit, request, or | 415 |
otherwise facilitate either of the following: | 416 |
(a) A minor to engage in sexual activity for hire, whether or | 417 |
not the offender knows the age of the minor; | 418 |
(b) A person the offender believes to be a minor to engage in | 419 |
sexual activity for hire, whether or not the person is a minor. | 420 |
(3)(a) Pay or agree to pay a minor, either directly or | 421 |
through the minor's agent, so that the minor will engage in sexual | 422 |
activity, whether or not the offender knows the age of the minor; | 423 |
(b) Pay or agree to pay a person the offender believes to be | 424 |
a minor, either directly or through the person's agent, so that | 425 |
the person will engage in sexual activity, whether or not the | 426 |
person is a minor. | 427 |
(4)(a) Pay a minor, either directly or through the minor's | 428 |
agent, for the minor having engaged in sexual activity pursuant to | 429 |
a prior agreement, whether or not the offender knows the age of | 430 |
the minor; | 431 |
(b) Pay a person the offender believes to be a minor, either | 432 |
directly or through the person's agent, for the person having | 433 |
engaged in sexual activity pursuant to a prior agreement, whether | 434 |
or not the person is a minor. | 435 |
(5)(a) Allow a minor to engage in sexual activity for hire if | 436 |
the person allowing the child to engage in sexual activity for | 437 |
hire is the parent, guardian, custodian, person having custody or | 438 |
control, or person in loco parentis of the minor; | 439 |
(b) Allow a person the offender believes to be a minor to | 440 |
engage in sexual activity for hire if the person allowing the | 441 |
person to engage in sexual activity for hire is the parent, | 442 |
guardian, custodian, person having custody or control, or person | 443 |
in loco parentis of the person the offender believes to be a | 444 |
minor, whether or not the person is a minor. | 445 |
(B) For a prosecution under division (A)(1) of this section, | 446 |
the element "compel" does not require that the compulsion be | 447 |
openly displayed or physically exerted. The element "compel" has | 448 |
been established if the state proves that the victim's will was | 449 |
overcome by force, fear, duress, or intimidation. | 450 |
(C) Whoever violates this section is guilty of compelling | 451 |
prostitution. Except as otherwise provided in this division, | 452 |
compelling prostitution is a felony of the third degree. If the | 453 |
offender commits a violation of division (A)(1) of this section | 454 |
and the person compelled to engage in sexual activity for hire in | 455 |
violation of that division is sixteen years of age or older but | 456 |
less than | 457 |
is a felony of the second degree. If the offender commits a | 458 |
violation of division (A)(1) of this section and the person | 459 |
compelled to engage in sexual activity for hire in violation of | 460 |
that division is less than sixteen years of age, compelling | 461 |
prostitution is a felony of the first degree. If the offender in | 462 |
any case also is convicted of or pleads guilty to a specification | 463 |
as described in section 2941.1422 of the Revised Code that was | 464 |
included in the indictment, count in the indictment, or | 465 |
information charging the offense, the court shall sentence the | 466 |
offender to a mandatory prison term as provided in division (D)(7) | 467 |
of section 2929.14 of the Revised Code and shall order the | 468 |
offender to make restitution as provided in division (B)(8) of | 469 |
section 2929.18 of the Revised Code. | 470 |
Sec. 2923.01. (A) No person, with purpose to commit or to | 471 |
promote or facilitate the commission of aggravated murder, murder, | 472 |
kidnapping, abduction, compelling prostitution, promoting | 473 |
prostitution, trafficking in persons, aggravated arson, arson, | 474 |
aggravated robbery, robbery, aggravated burglary, burglary, | 475 |
engaging in a pattern of corrupt activity, corrupting another with | 476 |
drugs, a felony drug trafficking, manufacturing, processing, or | 477 |
possession offense, theft of drugs, or illegal processing of drug | 478 |
documents, the commission of a felony offense of unauthorized use | 479 |
of a vehicle, illegally transmitting multiple commercial | 480 |
electronic mail messages or unauthorized access of a computer in | 481 |
violation of section 2923.421 of the Revised Code, or the | 482 |
commission of a violation of any provision of Chapter 3734. of the | 483 |
Revised Code, other than section 3734.18 of the Revised Code, that | 484 |
relates to hazardous wastes, shall do either of the following: | 485 |
(1) With another person or persons, plan or aid in planning | 486 |
the commission of any of the specified offenses; | 487 |
(2) Agree with another person or persons that one or more of | 488 |
them will engage in conduct that facilitates the commission of any | 489 |
of the specified offenses. | 490 |
(B) No person shall be convicted of conspiracy unless a | 491 |
substantial overt act in furtherance of the conspiracy is alleged | 492 |
and proved to have been done by the accused or a person with whom | 493 |
the accused conspired, subsequent to the accused's entrance into | 494 |
the conspiracy. For purposes of this section, an overt act is | 495 |
substantial when it is of a character that manifests a purpose on | 496 |
the part of the actor that the object of the conspiracy should be | 497 |
completed. | 498 |
(C) When the offender knows or has reasonable cause to | 499 |
believe that a person with whom the offender conspires also has | 500 |
conspired or is conspiring with another to commit the same | 501 |
offense, the offender is guilty of conspiring with that other | 502 |
person, even though the other person's identity may be unknown to | 503 |
the offender. | 504 |
(D) It is no defense to a charge under this section that, in | 505 |
retrospect, commission of the offense that was the object of the | 506 |
conspiracy was impossible under the circumstances. | 507 |
(E) A conspiracy terminates when the offense or offenses that | 508 |
are its objects are committed or when it is abandoned by all | 509 |
conspirators. In the absence of abandonment, it is no defense to a | 510 |
charge under this section that no offense that was the object of | 511 |
the conspiracy was committed. | 512 |
(F) A person who conspires to commit more than one offense is | 513 |
guilty of only one conspiracy, when the offenses are the object of | 514 |
the same agreement or continuous conspiratorial relationship. | 515 |
(G) When a person is convicted of committing or attempting to | 516 |
commit a specific offense or of complicity in the commission of or | 517 |
attempt to commit the specific offense, the person shall not be | 518 |
convicted of conspiracy involving the same offense. | 519 |
(H)(1) No person shall be convicted of conspiracy upon the | 520 |
testimony of a person with whom the defendant conspired, | 521 |
unsupported by other evidence. | 522 |
(2) If a person with whom the defendant allegedly has | 523 |
conspired testifies against the defendant in a case in which the | 524 |
defendant is charged with conspiracy and if the testimony is | 525 |
supported by other evidence, the court, when it charges the jury, | 526 |
shall state substantially the following: | 527 |
"The testimony of an accomplice that is supported by other | 528 |
evidence does not become inadmissible because of the accomplice's | 529 |
complicity, moral turpitude, or self-interest, but the admitted or | 530 |
claimed complicity of a witness may affect the witness' | 531 |
credibility and make the witness' testimony subject to grave | 532 |
suspicion, and require that it be weighed with great caution. | 533 |
It is for you, as jurors, in the light of all the facts | 534 |
presented to you from the witness stand, to evaluate such | 535 |
testimony and to determine its quality and worth or its lack of | 536 |
quality and worth." | 537 |
(3) "Conspiracy," as used in division (H)(1) of this section, | 538 |
does not include any conspiracy that results in an attempt to | 539 |
commit an offense or in the commission of an offense. | 540 |
(I) The following are affirmative defenses to a charge of | 541 |
conspiracy: | 542 |
(1) After conspiring to commit an offense, the actor thwarted | 543 |
the success of the conspiracy under circumstances manifesting a | 544 |
complete and voluntary renunciation of the actor's criminal | 545 |
purpose. | 546 |
(2) After conspiring to commit an offense, the actor | 547 |
abandoned the conspiracy prior to the commission of or attempt to | 548 |
commit any offense that was the object of the conspiracy, either | 549 |
by advising all other conspirators of the actor's abandonment, or | 550 |
by informing any law enforcement authority of the existence of the | 551 |
conspiracy and of the actor's participation in the conspiracy. | 552 |
(J) Whoever violates this section is guilty of conspiracy, | 553 |
which is one of the following: | 554 |
(1) A felony of the first degree, when one of the objects of | 555 |
the conspiracy is aggravated murder, murder, or an offense for | 556 |
which the maximum penalty is imprisonment for life; | 557 |
(2) A felony of the next lesser degree than the most serious | 558 |
offense that is the object of the conspiracy, when the most | 559 |
serious offense that is the object of the conspiracy is a felony | 560 |
of the first, second, third, or fourth degree; | 561 |
(3) A felony punishable by a fine of not more than | 562 |
twenty-five thousand dollars or imprisonment for not more than | 563 |
eighteen months, or both, when the offense that is the object of | 564 |
the conspiracy is a violation of any provision of Chapter 3734. of | 565 |
the Revised Code, other than section 3734.18 of the Revised Code, | 566 |
that relates to hazardous wastes; | 567 |
(4) A misdemeanor of the first degree, when the most serious | 568 |
offense that is the object of the conspiracy is a felony of the | 569 |
fifth degree. | 570 |
(K) This section does not define a separate conspiracy | 571 |
offense or penalty where conspiracy is defined as an offense by | 572 |
one or more sections of the Revised Code, other than this section. | 573 |
In such a case, however: | 574 |
(1) With respect to the offense specified as the object of | 575 |
the conspiracy in the other section or sections, division (A) of | 576 |
this section defines the voluntary act or acts and culpable mental | 577 |
state necessary to constitute the conspiracy; | 578 |
(2) Divisions (B) to (I) of this section are incorporated by | 579 |
reference in the conspiracy offense defined by the other section | 580 |
or sections of the Revised Code. | 581 |
(L)(1) In addition to the penalties that otherwise are | 582 |
imposed for conspiracy, a person who is found guilty of conspiracy | 583 |
to engage in a pattern of corrupt activity is subject to divisions | 584 |
(B)(2) and (3) of section 2923.32, division (A) of section | 585 |
2981.04, and division (D) of section 2981.06 of the Revised Code. | 586 |
(2) If a person is convicted of or pleads guilty to | 587 |
conspiracy and if the most serious offense that is the object of | 588 |
the conspiracy is a felony drug trafficking, manufacturing, | 589 |
processing, or possession offense, in addition to the penalties or | 590 |
sanctions that may be imposed for the conspiracy under division | 591 |
(J)(2) or (4) of this section and Chapter 2929. of the Revised | 592 |
Code, both of the following apply: | 593 |
(a) The provisions of divisions (D), (F), and (G) of section | 594 |
2925.03, division (D) of section 2925.04, division (D) of section | 595 |
2925.05, division (D) of section 2925.06, and division (E) of | 596 |
section 2925.11 of the Revised Code that pertain to mandatory and | 597 |
additional fines, driver's or commercial driver's license or | 598 |
permit suspensions, and professionally licensed persons and that | 599 |
would apply under the appropriate provisions of those divisions to | 600 |
a person who is convicted of or pleads guilty to the felony drug | 601 |
trafficking, manufacturing, processing, or possession offense that | 602 |
is the most serious offense that is the basis of the conspiracy | 603 |
shall apply to the person who is convicted of or pleads guilty to | 604 |
the conspiracy as if the person had been convicted of or pleaded | 605 |
guilty to the felony drug trafficking, manufacturing, processing, | 606 |
or possession offense that is the most serious offense that is the | 607 |
basis of the conspiracy. | 608 |
(b) The court that imposes sentence upon the person who is | 609 |
convicted of or pleads guilty to the conspiracy shall comply with | 610 |
the provisions identified as being applicable under division | 611 |
(L)(2) of this section, in addition to any other penalty or | 612 |
sanction that it imposes for the conspiracy under division (J)(2) | 613 |
or (4) of this section and Chapter 2929. of the Revised Code. | 614 |
(M) As used in this section: | 615 |
(1) "Felony drug trafficking, manufacturing, processing, or | 616 |
possession offense" means any of the following that is a felony: | 617 |
(a) A violation of section 2925.03, 2925.04, 2925.05, or | 618 |
2925.06 of the Revised Code; | 619 |
(b) A violation of section 2925.11 of the Revised Code that | 620 |
is not a minor drug possession offense. | 621 |
(2) "Minor drug possession offense" has the same meaning as | 622 |
in section 2925.01 of the Revised Code. | 623 |
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the | 624 |
Revised Code: | 625 |
(A) "Beneficial interest" means any of the following: | 626 |
(1) The interest of a person as a beneficiary under a trust | 627 |
in which the trustee holds title to personal or real property; | 628 |
(2) The interest of a person as a beneficiary under any other | 629 |
trust arrangement under which any other person holds title to | 630 |
personal or real property for the benefit of such person; | 631 |
(3) The interest of a person under any other form of express | 632 |
fiduciary arrangement under which any other person holds title to | 633 |
personal or real property for the benefit of such person. | 634 |
"Beneficial interest" does not include the interest of a | 635 |
stockholder in a corporation or the interest of a partner in | 636 |
either a general or limited partnership. | 637 |
(B) "Costs of investigation and prosecution" and "costs of | 638 |
investigation and litigation" mean all of the costs incurred by | 639 |
the state or a county or municipal corporation under sections | 640 |
2923.31 to 2923.36 of the Revised Code in the prosecution and | 641 |
investigation of any criminal action or in the litigation and | 642 |
investigation of any civil action, and includes, but is not | 643 |
limited to, the costs of resources and personnel. | 644 |
(C) "Enterprise" includes any individual, sole | 645 |
proprietorship, partnership, limited partnership, corporation, | 646 |
trust, union, government agency, or other legal entity, or any | 647 |
organization, association, or group of persons associated in fact | 648 |
although not a legal entity. "Enterprise" includes illicit as well | 649 |
as licit enterprises. | 650 |
(D) "Innocent person" includes any bona fide purchaser of | 651 |
property that is allegedly involved in a violation of section | 652 |
2923.32 of the Revised Code, including any person who establishes | 653 |
a valid claim to or interest in the property in accordance with | 654 |
division (E) of section 2981.04 of the Revised Code, and any | 655 |
victim of an alleged violation of that section or of any | 656 |
underlying offense involved in an alleged violation of that | 657 |
section. | 658 |
(E) "Pattern of corrupt activity" means two or more incidents | 659 |
of corrupt activity, whether or not there has been a prior | 660 |
conviction, that are related to the affairs of the same | 661 |
enterprise, are not isolated, and are not so closely related to | 662 |
each other and connected in time and place that they constitute a | 663 |
single event. | 664 |
At least one of the incidents forming the pattern shall occur | 665 |
on or after January 1, 1986. Unless any incident was an aggravated | 666 |
murder or murder, the last of the incidents forming the pattern | 667 |
shall occur within six years after the commission of any prior | 668 |
incident forming the pattern, excluding any period of imprisonment | 669 |
served by any person engaging in the corrupt activity. | 670 |
For the purposes of the criminal penalties that may be | 671 |
imposed pursuant to section 2923.32 of the Revised Code, at least | 672 |
one of the incidents forming the pattern shall constitute a felony | 673 |
under the laws of this state in existence at the time it was | 674 |
committed or, if committed in violation of the laws of the United | 675 |
States or of any other state, shall constitute a felony under the | 676 |
law of the United States or the other state and would be a | 677 |
criminal offense under the law of this state if committed in this | 678 |
state. | 679 |
(F) "Pecuniary value" means money, a negotiable instrument, a | 680 |
commercial interest, or anything of value, as defined in section | 681 |
1.03 of the Revised Code, or any other property or service that | 682 |
has a value in excess of one hundred dollars. | 683 |
(G) "Person" means any person, as defined in section 1.59 of | 684 |
the Revised Code, and any governmental officer, employee, or | 685 |
entity. | 686 |
(H) "Personal property" means any personal property, any | 687 |
interest in personal property, or any right, including, but not | 688 |
limited to, bank accounts, debts, corporate stocks, patents, or | 689 |
copyrights. Personal property and any beneficial interest in | 690 |
personal property are deemed to be located where the trustee of | 691 |
the property, the personal property, or the instrument evidencing | 692 |
the right is located. | 693 |
(I) "Corrupt activity" means engaging in, attempting to | 694 |
engage in, conspiring to engage in, or soliciting, coercing, or | 695 |
intimidating another person to engage in any of the following: | 696 |
(1) Conduct defined as "racketeering activity" under the | 697 |
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C. | 698 |
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended; | 699 |
(2) Conduct constituting any of the following: | 700 |
(a) A violation of section 1315.55, 1322.02, 2903.01, | 701 |
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, | 702 |
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, | 703 |
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, | 704 |
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05, | 705 |
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32, | 706 |
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division | 707 |
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2) | 708 |
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of | 709 |
section 1707.44; division (A)(1) or (2) of section 2923.20; | 710 |
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or | 711 |
4719.06; division (C), (D), or (E) of section 4719.07; section | 712 |
4719.08; or division (A) of section 4719.09 of the Revised Code. | 713 |
(b) Any violation of section 3769.11, 3769.15, 3769.16, or | 714 |
3769.19 of the Revised Code as it existed prior to July 1, 1996, | 715 |
any violation of section 2915.02 of the Revised Code that occurs | 716 |
on or after July 1, 1996, and that, had it occurred prior to that | 717 |
date, would have been a violation of section 3769.11 of the | 718 |
Revised Code as it existed prior to that date, or any violation of | 719 |
section 2915.05 of the Revised Code that occurs on or after July | 720 |
1, 1996, and that, had it occurred prior to that date, would have | 721 |
been a violation of section 3769.15, 3769.16, or 3769.19 of the | 722 |
Revised Code as it existed prior to that date. | 723 |
(c) Any violation of section 2907.21, 2907.22, 2907.31, | 724 |
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, | 725 |
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 | 726 |
of the Revised Code, any violation of section 2925.11 of the | 727 |
Revised Code that is a felony of the first, second, third, or | 728 |
fourth degree and that occurs on or after July 1, 1996, any | 729 |
violation of section 2915.02 of the Revised Code that occurred | 730 |
prior to July 1, 1996, any violation of section 2915.02 of the | 731 |
Revised Code that occurs on or after July 1, 1996, and that, had | 732 |
it occurred prior to that date, would not have been a violation of | 733 |
section 3769.11 of the Revised Code as it existed prior to that | 734 |
date, any violation of section 2915.06 of the Revised Code as it | 735 |
existed prior to July 1, 1996, or any violation of division (B) of | 736 |
section 2915.05 of the Revised Code as it exists on and after July | 737 |
1, 1996, when the proceeds of the violation, the payments made in | 738 |
the violation, the amount of a claim for payment or for any other | 739 |
benefit that is false or deceptive and that is involved in the | 740 |
violation, or the value of the contraband or other property | 741 |
illegally possessed, sold, or purchased in the violation exceeds | 742 |
five hundred dollars, or any combination of violations described | 743 |
in division (I)(2)(c) of this section when the total proceeds of | 744 |
the combination of violations, payments made in the combination of | 745 |
violations, amount of the claims for payment or for other benefits | 746 |
that is false or deceptive and that is involved in the combination | 747 |
of violations, or value of the contraband or other property | 748 |
illegally possessed, sold, or purchased in the combination of | 749 |
violations exceeds five hundred dollars; | 750 |
(d) Any violation of section 5743.112 of the Revised Code | 751 |
when the amount of unpaid tax exceeds one hundred dollars; | 752 |
(e) Any violation or combination of violations of section | 753 |
2907.32 of the Revised Code involving any material or performance | 754 |
containing a display of bestiality or of sexual conduct, as | 755 |
defined in section 2907.01 of the Revised Code, that is explicit | 756 |
and depicted with clearly visible penetration of the genitals or | 757 |
clearly visible penetration by the penis of any orifice when the | 758 |
total proceeds of the violation or combination of violations, the | 759 |
payments made in the violation or combination of violations, or | 760 |
the value of the contraband or other property illegally possessed, | 761 |
sold, or purchased in the violation or combination of violations | 762 |
exceeds five hundred dollars; | 763 |
(f) Any combination of violations described in division | 764 |
(I)(2)(c) of this section and violations of section 2907.32 of the | 765 |
Revised Code involving any material or performance containing a | 766 |
display of bestiality or of sexual conduct, as defined in section | 767 |
2907.01 of the Revised Code, that is explicit and depicted with | 768 |
clearly visible penetration of the genitals or clearly visible | 769 |
penetration by the penis of any orifice when the total proceeds of | 770 |
the combination of violations, payments made in the combination of | 771 |
violations, amount of the claims for payment or for other benefits | 772 |
that is false or deceptive and that is involved in the combination | 773 |
of violations, or value of the contraband or other property | 774 |
illegally possessed, sold, or purchased in the combination of | 775 |
violations exceeds five hundred dollars; | 776 |
(g) Any violation of section 2905.32 of the Revised Code to | 777 |
the extent the violation is not based solely on the same conduct | 778 |
that constitutes corrupt activity pursuant to division (I)(2)(c) | 779 |
of this section due to the conduct being in violation of section | 780 |
2907.21 of the Revised Code. | 781 |
(3) Conduct constituting a violation of any law of any state | 782 |
other than this state that is substantially similar to the conduct | 783 |
described in division (I)(2) of this section, provided the | 784 |
defendant was convicted of the conduct in a criminal proceeding in | 785 |
the other state; | 786 |
(4) Animal or ecological terrorism; | 787 |
(5)(a) Conduct constituting any of the following: | 788 |
(i) Organized retail theft; | 789 |
(ii) Conduct that constitutes one or more violations of any | 790 |
law of any state other than this state, that is substantially | 791 |
similar to organized retail theft, and that if committed in this | 792 |
state would be organized retail theft, if the defendant was | 793 |
convicted of or pleaded guilty to the conduct in a criminal | 794 |
proceeding in the other state. | 795 |
(b) By enacting division (I)(5)(a) of this section, it is the | 796 |
intent of the general assembly to add organized retail theft and | 797 |
the conduct described in division (I)(5)(a)(ii) of this section as | 798 |
conduct constituting corrupt activity. The enactment of division | 799 |
(I)(5)(a) of this section and the addition by division (I)(5)(a) | 800 |
of this section of organized retail theft and the conduct | 801 |
described in division (I)(5)(a)(ii) of this section as conduct | 802 |
constituting corrupt activity does not limit or preclude, and | 803 |
shall not be construed as limiting or precluding, any prosecution | 804 |
for a violation of section 2923.32 of the Revised Code that is | 805 |
based on one or more violations of section 2913.02 or 2913.51 of | 806 |
the Revised Code, one or more similar offenses under the laws of | 807 |
this state or any other state, or any combination of any of those | 808 |
violations or similar offenses, even though the conduct | 809 |
constituting the basis for those violations or offenses could be | 810 |
construed as also constituting organized retail theft or conduct | 811 |
of the type described in division (I)(5)(a)(ii) of this section. | 812 |
(J) "Real property" means any real property or any interest | 813 |
in real property, including, but not limited to, any lease of, or | 814 |
mortgage upon, real property. Real property and any beneficial | 815 |
interest in it is deemed to be located where the real property is | 816 |
located. | 817 |
(K) "Trustee" means any of the following: | 818 |
(1) Any person acting as trustee under a trust in which the | 819 |
trustee holds title to personal or real property; | 820 |
(2) Any person who holds title to personal or real property | 821 |
for which any other person has a beneficial interest; | 822 |
(3) Any successor trustee. | 823 |
"Trustee" does not include an assignee or trustee for an | 824 |
insolvent debtor or an executor, administrator, administrator with | 825 |
the will annexed, testamentary trustee, guardian, or committee, | 826 |
appointed by, under the control of, or accountable to a court. | 827 |
(L) "Unlawful debt" means any money or other thing of value | 828 |
constituting principal or interest of a debt that is legally | 829 |
unenforceable in this state in whole or in part because the debt | 830 |
was incurred or contracted in violation of any federal or state | 831 |
law relating to the business of gambling activity or relating to | 832 |
the business of lending money at an usurious rate unless the | 833 |
creditor proves, by a preponderance of the evidence, that the | 834 |
usurious rate was not intentionally set and that it resulted from | 835 |
a good faith error by the creditor, notwithstanding the | 836 |
maintenance of procedures that were adopted by the creditor to | 837 |
avoid an error of that nature. | 838 |
(M) "Animal activity" means any activity that involves the | 839 |
use of animals or animal parts, including, but not limited to, | 840 |
hunting, fishing, trapping, traveling, camping, the production, | 841 |
preparation, or processing of food or food products, clothing or | 842 |
garment manufacturing, medical research, other research, | 843 |
entertainment, recreation, agriculture, biotechnology, or service | 844 |
activity that involves the use of animals or animal parts. | 845 |
(N) "Animal facility" means a vehicle, building, structure, | 846 |
nature preserve, or other premises in which an animal is lawfully | 847 |
kept, handled, housed, exhibited, bred, or offered for sale, | 848 |
including, but not limited to, a zoo, rodeo, circus, amusement | 849 |
park, hunting preserve, or premises in which a horse or dog event | 850 |
is held. | 851 |
(O) "Animal or ecological terrorism" means the commission of | 852 |
any felony that involves causing or creating a substantial risk of | 853 |
physical harm to any property of another, the use of a deadly | 854 |
weapon or dangerous ordnance, or purposely, knowingly, or | 855 |
recklessly causing serious physical harm to property and that | 856 |
involves an intent to obstruct, impede, or deter any person from | 857 |
participating in a lawful animal activity, from mining, foresting, | 858 |
harvesting, gathering, or processing natural resources, or from | 859 |
being lawfully present in or on an animal facility or research | 860 |
facility. | 861 |
(P) "Research facility" means a place, laboratory, | 862 |
institution, medical care facility, government facility, or public | 863 |
or private educational institution in which a scientific test, | 864 |
experiment, or investigation involving the use of animals or other | 865 |
living organisms is lawfully carried out, conducted, or attempted. | 866 |
(Q) "Organized retail theft" means the theft of retail | 867 |
property with a retail value of five hundred dollars or more from | 868 |
one or more retail establishments with the intent to sell, | 869 |
deliver, or transfer that property to a retail property fence. | 870 |
(R) "Retail property" means any tangible personal property | 871 |
displayed, held, stored, or offered for sale in or by a retail | 872 |
establishment. | 873 |
(S) "Retail property fence" means a person who possesses, | 874 |
procures, receives, or conceals retail property that was | 875 |
represented to the person as being stolen or that the person knows | 876 |
or believes to be stolen. | 877 |
(T) "Retail value" means the full retail value of the retail | 878 |
property. In determining whether the retail value of retail | 879 |
property equals or exceeds five hundred dollars, the value of all | 880 |
retail property stolen from the retail establishment or retail | 881 |
establishments by the same person or persons within any | 882 |
one-hundred-eighty-day period shall be aggregated. | 883 |
Sec. 2929.01. As used in this chapter: | 884 |
(A)(1) "Alternative residential facility" means, subject to | 885 |
division (A)(2) of this section, any facility other than an | 886 |
offender's home or residence in which an offender is assigned to | 887 |
live and that satisfies all of the following criteria: | 888 |
(a) It provides programs through which the offender may seek | 889 |
or maintain employment or may receive education, training, | 890 |
treatment, or habilitation. | 891 |
(b) It has received the appropriate license or certificate | 892 |
for any specialized education, training, treatment, habilitation, | 893 |
or other service that it provides from the government agency that | 894 |
is responsible for licensing or certifying that type of education, | 895 |
training, treatment, habilitation, or service. | 896 |
(2) "Alternative residential facility" does not include a | 897 |
community-based correctional facility, jail, halfway house, or | 898 |
prison. | 899 |
(B) "Basic probation supervision" means a requirement that | 900 |
the offender maintain contact with a person appointed to supervise | 901 |
the offender in accordance with sanctions imposed by the court or | 902 |
imposed by the parole board pursuant to section 2967.28 of the | 903 |
Revised Code. "Basic probation supervision" includes basic parole | 904 |
supervision and basic post-release control supervision. | 905 |
(C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and | 906 |
"unit dose" have the same meanings as in section 2925.01 of the | 907 |
Revised Code. | 908 |
(D) "Community-based correctional facility" means a | 909 |
community-based correctional facility and program or district | 910 |
community-based correctional facility and program developed | 911 |
pursuant to sections 2301.51 to 2301.58 of the Revised Code. | 912 |
(E) "Community control sanction" means a sanction that is not | 913 |
a prison term and that is described in section 2929.15, 2929.16, | 914 |
2929.17, or 2929.18 of the Revised Code or a sanction that is not | 915 |
a jail term and that is described in section 2929.26, 2929.27, or | 916 |
2929.28 of the Revised Code. "Community control sanction" includes | 917 |
probation if the sentence involved was imposed for a felony that | 918 |
was committed prior to July 1, 1996, or if the sentence involved | 919 |
was imposed for a misdemeanor that was committed prior to January | 920 |
1, 2004. | 921 |
(F) "Controlled substance," "marihuana," "schedule I," and | 922 |
"schedule II" have the same meanings as in section 3719.01 of the | 923 |
Revised Code. | 924 |
(G) "Curfew" means a requirement that an offender during a | 925 |
specified period of time be at a designated place. | 926 |
(H) "Day reporting" means a sanction pursuant to which an | 927 |
offender is required each day to report to and leave a center or | 928 |
other approved reporting location at specified times in order to | 929 |
participate in work, education or training, treatment, and other | 930 |
approved programs at the center or outside the center. | 931 |
(I) "Deadly weapon" has the same meaning as in section | 932 |
2923.11 of the Revised Code. | 933 |
(J) "Drug and alcohol use monitoring" means a program under | 934 |
which an offender agrees to submit to random chemical analysis of | 935 |
the offender's blood, breath, or urine to determine whether the | 936 |
offender has ingested any alcohol or other drugs. | 937 |
(K) "Drug treatment program" means any program under which a | 938 |
person undergoes assessment and treatment designed to reduce or | 939 |
completely eliminate the person's physical or emotional reliance | 940 |
upon alcohol, another drug, or alcohol and another drug and under | 941 |
which the person may be required to receive assessment and | 942 |
treatment on an outpatient basis or may be required to reside at a | 943 |
facility other than the person's home or residence while | 944 |
undergoing assessment and treatment. | 945 |
(L) "Economic loss" means any economic detriment suffered by | 946 |
a victim as a direct and proximate result of the commission of an | 947 |
offense and includes any loss of income due to lost time at work | 948 |
because of any injury caused to the victim, and any property loss, | 949 |
medical cost, or funeral expense incurred as a result of the | 950 |
commission of the offense. "Economic loss" does not include | 951 |
non-economic loss or any punitive or exemplary damages. | 952 |
(M) "Education or training" includes study at, or in | 953 |
conjunction with a program offered by, a university, college, or | 954 |
technical college or vocational study and also includes the | 955 |
completion of primary school, secondary school, and literacy | 956 |
curricula or their equivalent. | 957 |
(N) "Firearm" has the same meaning as in section 2923.11 of | 958 |
the Revised Code. | 959 |
(O) "Halfway house" means a facility licensed by the division | 960 |
of parole and community services of the department of | 961 |
rehabilitation and correction pursuant to section 2967.14 of the | 962 |
Revised Code as a suitable facility for the care and treatment of | 963 |
adult offenders. | 964 |
(P) "House arrest" means a period of confinement of an | 965 |
offender that is in the offender's home or in other premises | 966 |
specified by the sentencing court or by the parole board pursuant | 967 |
to section 2967.28 of the Revised Code and during which all of the | 968 |
following apply: | 969 |
(1) The offender is required to remain in the offender's home | 970 |
or other specified premises for the specified period of | 971 |
confinement, except for periods of time during which the offender | 972 |
is at the offender's place of employment or at other premises as | 973 |
authorized by the sentencing court or by the parole board. | 974 |
(2) The offender is required to report periodically to a | 975 |
person designated by the court or parole board. | 976 |
(3) The offender is subject to any other restrictions and | 977 |
requirements that may be imposed by the sentencing court or by the | 978 |
parole board. | 979 |
(Q) "Intensive probation supervision" means a requirement | 980 |
that an offender maintain frequent contact with a person appointed | 981 |
by the court, or by the parole board pursuant to section 2967.28 | 982 |
of the Revised Code, to supervise the offender while the offender | 983 |
is seeking or maintaining necessary employment and participating | 984 |
in training, education, and treatment programs as required in the | 985 |
court's or parole board's order. "Intensive probation supervision" | 986 |
includes intensive parole supervision and intensive post-release | 987 |
control supervision. | 988 |
(R) "Jail" means a jail, workhouse, minimum security jail, or | 989 |
other residential facility used for the confinement of alleged or | 990 |
convicted offenders that is operated by a political subdivision or | 991 |
a combination of political subdivisions of this state. | 992 |
(S) "Jail term" means the term in a jail that a sentencing | 993 |
court imposes or is authorized to impose pursuant to section | 994 |
2929.24 or 2929.25 of the Revised Code or pursuant to any other | 995 |
provision of the Revised Code that authorizes a term in a jail for | 996 |
a misdemeanor conviction. | 997 |
(T) "Mandatory jail term" means the term in a jail that a | 998 |
sentencing court is required to impose pursuant to division (G) of | 999 |
section 1547.99 of the Revised Code, division (E) of section | 1000 |
2903.06 or division (D) of section 2903.08 of the Revised Code, | 1001 |
division (E) or (G) of section 2929.24 of the Revised Code, | 1002 |
division (B) of section 4510.14 of the Revised Code, or division | 1003 |
(G) of section 4511.19 of the Revised Code or pursuant to any | 1004 |
other provision of the Revised Code that requires a term in a jail | 1005 |
for a misdemeanor conviction. | 1006 |
(U) "Delinquent child" has the same meaning as in section | 1007 |
2152.02 of the Revised Code. | 1008 |
(V) "License violation report" means a report that is made by | 1009 |
a sentencing court, or by the parole board pursuant to section | 1010 |
2967.28 of the Revised Code, to the regulatory or licensing board | 1011 |
or agency that issued an offender a professional license or a | 1012 |
license or permit to do business in this state and that specifies | 1013 |
that the offender has been convicted of or pleaded guilty to an | 1014 |
offense that may violate the conditions under which the offender's | 1015 |
professional license or license or permit to do business in this | 1016 |
state was granted or an offense for which the offender's | 1017 |
professional license or license or permit to do business in this | 1018 |
state may be revoked or suspended. | 1019 |
(W) "Major drug offender" means an offender who is convicted | 1020 |
of or pleads guilty to the possession of, sale of, or offer to | 1021 |
sell any drug, compound, mixture, preparation, or substance that | 1022 |
consists of or contains at least one thousand grams of hashish; at | 1023 |
least one hundred grams of crack cocaine; at least one thousand | 1024 |
grams of cocaine that is not crack cocaine; at least two thousand | 1025 |
five hundred unit doses or two hundred fifty grams of heroin; at | 1026 |
least five thousand unit doses of L.S.D. or five hundred grams of | 1027 |
L.S.D. in a liquid concentrate, liquid extract, or liquid | 1028 |
distillate form; or at least one hundred times the amount of any | 1029 |
other schedule I or II controlled substance other than marihuana | 1030 |
that is necessary to commit a felony of the third degree pursuant | 1031 |
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised | 1032 |
Code that is based on the possession of, sale of, or offer to sell | 1033 |
the controlled substance. | 1034 |
(X) "Mandatory prison term" means any of the following: | 1035 |
(1) Subject to division (X)(2) of this section, the term in | 1036 |
prison that must be imposed for the offenses or circumstances set | 1037 |
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section | 1038 |
2929.13 and division (D) of section 2929.14 of the Revised Code. | 1039 |
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05, | 1040 |
and 2925.11 of the Revised Code, unless the maximum or another | 1041 |
specific term is required under section 2929.14 or 2929.142 of the | 1042 |
Revised Code, a mandatory prison term described in this division | 1043 |
may be any prison term authorized for the level of offense. | 1044 |
(2) The term of sixty or one hundred twenty days in prison | 1045 |
that a sentencing court is required to impose for a third or | 1046 |
fourth degree felony OVI offense pursuant to division (G)(2) of | 1047 |
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19 | 1048 |
of the Revised Code or the term of one, two, three, four, or five | 1049 |
years in prison that a sentencing court is required to impose | 1050 |
pursuant to division (G)(2) of section 2929.13 of the Revised | 1051 |
Code. | 1052 |
(3) The term in prison imposed pursuant to division (A) of | 1053 |
section 2971.03 of the Revised Code for the offenses and in the | 1054 |
circumstances described in division (F)(11) of section 2929.13 of | 1055 |
the Revised Code or pursuant to division (B)(1)(a), (b), or (c), | 1056 |
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section | 1057 |
2971.03 of the Revised Code and that term as modified or | 1058 |
terminated pursuant to section 2971.05 of the Revised Code. | 1059 |
(Y) "Monitored time" means a period of time during which an | 1060 |
offender continues to be under the control of the sentencing court | 1061 |
or parole board, subject to no conditions other than leading a | 1062 |
law-abiding life. | 1063 |
(Z) "Offender" means a person who, in this state, is | 1064 |
convicted of or pleads guilty to a felony or a misdemeanor. | 1065 |
(AA) "Prison" means a residential facility used for the | 1066 |
confinement of convicted felony offenders that is under the | 1067 |
control of the department of rehabilitation and correction but | 1068 |
does not include a violation sanction center operated under | 1069 |
authority of section 2967.141 of the Revised Code. | 1070 |
(BB) "Prison term" includes either of the following sanctions | 1071 |
for an offender: | 1072 |
(1) A stated prison term; | 1073 |
(2) A term in a prison shortened by, or with the approval of, | 1074 |
the sentencing court pursuant to section 2929.20, 2967.26, | 1075 |
5120.031, 5120.032, or 5120.073 of the Revised Code. | 1076 |
(CC) "Repeat violent offender" means a person about whom both | 1077 |
of the following apply: | 1078 |
(1) The person is being sentenced for committing or for | 1079 |
complicity in committing any of the following: | 1080 |
(a) Aggravated murder, murder, any felony of the first or | 1081 |
second degree that is an offense of violence, or an attempt to | 1082 |
commit any of these offenses if the attempt is a felony of the | 1083 |
first or second degree; | 1084 |
(b) An offense under an existing or former law of this state, | 1085 |
another state, or the United States that is or was substantially | 1086 |
equivalent to an offense described in division (CC)(1)(a) of this | 1087 |
section. | 1088 |
(2) The person previously was convicted of or pleaded guilty | 1089 |
to an offense described in division (CC)(1)(a) or (b) of this | 1090 |
section. | 1091 |
(DD) "Sanction" means any penalty imposed upon an offender | 1092 |
who is convicted of or pleads guilty to an offense, as punishment | 1093 |
for the offense. "Sanction" includes any sanction imposed pursuant | 1094 |
to any provision of sections 2929.14 to 2929.18 or 2929.24 to | 1095 |
2929.28 of the Revised Code. | 1096 |
(EE) "Sentence" means the sanction or combination of | 1097 |
sanctions imposed by the sentencing court on an offender who is | 1098 |
convicted of or pleads guilty to an offense. | 1099 |
(FF) "Stated prison term" means the prison term, mandatory | 1100 |
prison term, or combination of all prison terms and mandatory | 1101 |
prison terms imposed by the sentencing court pursuant to section | 1102 |
2929.14, 2929.142, or 2971.03 of the Revised Code or under section | 1103 |
2919.25 of the Revised Code. "Stated prison term" includes any | 1104 |
credit received by the offender for time spent in jail awaiting | 1105 |
trial, sentencing, or transfer to prison for the offense and any | 1106 |
time spent under house arrest or house arrest with electronic | 1107 |
monitoring imposed after earning credits pursuant to section | 1108 |
2967.193 of the Revised Code. | 1109 |
(GG) "Victim-offender mediation" means a reconciliation or | 1110 |
mediation program that involves an offender and the victim of the | 1111 |
offense committed by the offender and that includes a meeting in | 1112 |
which the offender and the victim may discuss the offense, discuss | 1113 |
restitution, and consider other sanctions for the offense. | 1114 |
(HH) "Fourth degree felony OVI offense" means a violation of | 1115 |
division (A) of section 4511.19 of the Revised Code that, under | 1116 |
division (G) of that section, is a felony of the fourth degree. | 1117 |
(II) "Mandatory term of local incarceration" means the term | 1118 |
of sixty or one hundred twenty days in a jail, a community-based | 1119 |
correctional facility, a halfway house, or an alternative | 1120 |
residential facility that a sentencing court may impose upon a | 1121 |
person who is convicted of or pleads guilty to a fourth degree | 1122 |
felony OVI offense pursuant to division (G)(1) of section 2929.13 | 1123 |
of the Revised Code and division (G)(1)(d) or (e) of section | 1124 |
4511.19 of the Revised Code. | 1125 |
(JJ) "Designated homicide, assault, or kidnapping offense," | 1126 |
"violent sex offense," "sexual motivation specification," | 1127 |
"sexually violent offense," "sexually violent predator," and | 1128 |
"sexually violent predator specification" have the same meanings | 1129 |
as in section 2971.01 of the Revised Code. | 1130 |
(KK) "Sexually oriented offense," "child-victim oriented | 1131 |
offense," and "tier III sex offender/child-victim offender," have | 1132 |
the same meanings as in section 2950.01 of the Revised Code. | 1133 |
(LL) An offense is "committed in the vicinity of a child" if | 1134 |
the offender commits the offense within thirty feet of or within | 1135 |
the same residential unit as a child who is under eighteen years | 1136 |
of age, regardless of whether the offender knows the age of the | 1137 |
child or whether the offender knows the offense is being committed | 1138 |
within thirty feet of or within the same residential unit as the | 1139 |
child and regardless of whether the child actually views the | 1140 |
commission of the offense. | 1141 |
(MM) "Family or household member" has the same meaning as in | 1142 |
section 2919.25 of the Revised Code. | 1143 |
(NN) "Motor vehicle" and "manufactured home" have the same | 1144 |
meanings as in section 4501.01 of the Revised Code. | 1145 |
(OO) "Detention" and "detention facility" have the same | 1146 |
meanings as in section 2921.01 of the Revised Code. | 1147 |
(PP) "Third degree felony OVI offense" means a violation of | 1148 |
division (A) of section 4511.19 of the Revised Code that, under | 1149 |
division (G) of that section, is a felony of the third degree. | 1150 |
(QQ) "Random drug testing" has the same meaning as in section | 1151 |
5120.63 of the Revised Code. | 1152 |
(RR) "Felony sex offense" has the same meaning as in section | 1153 |
2967.28 of the Revised Code. | 1154 |
(SS) "Body armor" has the same meaning as in section | 1155 |
2941.1411 of the Revised Code. | 1156 |
(TT) "Electronic monitoring" means monitoring through the use | 1157 |
of an electronic monitoring device. | 1158 |
(UU) "Electronic monitoring device" means any of the | 1159 |
following: | 1160 |
(1) Any device that can be operated by electrical or battery | 1161 |
power and that conforms with all of the following: | 1162 |
(a) The device has a transmitter that can be attached to a | 1163 |
person, that will transmit a specified signal to a receiver of the | 1164 |
type described in division (UU)(1)(b) of this section if the | 1165 |
transmitter is removed from the person, turned off, or altered in | 1166 |
any manner without prior court approval in relation to electronic | 1167 |
monitoring or without prior approval of the department of | 1168 |
rehabilitation and correction in relation to the use of an | 1169 |
electronic monitoring device for an inmate on transitional control | 1170 |
or otherwise is tampered with, that can transmit continuously and | 1171 |
periodically a signal to that receiver when the person is within a | 1172 |
specified distance from the receiver, and that can transmit an | 1173 |
appropriate signal to that receiver if the person to whom it is | 1174 |
attached travels a specified distance from that receiver. | 1175 |
(b) The device has a receiver that can receive continuously | 1176 |
the signals transmitted by a transmitter of the type described in | 1177 |
division (UU)(1)(a) of this section, can transmit continuously | 1178 |
those signals by a wireless or landline telephone connection to a | 1179 |
central monitoring computer of the type described in division | 1180 |
(UU)(1)(c) of this section, and can transmit continuously an | 1181 |
appropriate signal to that central monitoring computer if the | 1182 |
device has been turned off or altered without prior court approval | 1183 |
or otherwise tampered with. The device is designed specifically | 1184 |
for use in electronic monitoring, is not a converted wireless | 1185 |
phone or another tracking device that is clearly not designed for | 1186 |
electronic monitoring, and provides a means of text-based or voice | 1187 |
communication with the person. | 1188 |
(c) The device has a central monitoring computer that can | 1189 |
receive continuously the signals transmitted by a wireless or | 1190 |
landline telephone connection by a receiver of the type described | 1191 |
in division (UU)(1)(b) of this section and can monitor | 1192 |
continuously the person to whom an electronic monitoring device of | 1193 |
the type described in division (UU)(1)(a) of this section is | 1194 |
attached. | 1195 |
(2) Any device that is not a device of the type described in | 1196 |
division (UU)(1) of this section and that conforms with all of the | 1197 |
following: | 1198 |
(a) The device includes a transmitter and receiver that can | 1199 |
monitor and determine the location of a subject person at any | 1200 |
time, or at a designated point in time, through the use of a | 1201 |
central monitoring computer or through other electronic means. | 1202 |
(b) The device includes a transmitter and receiver that can | 1203 |
determine at any time, or at a designated point in time, through | 1204 |
the use of a central monitoring computer or other electronic means | 1205 |
the fact that the transmitter is turned off or altered in any | 1206 |
manner without prior approval of the court in relation to the | 1207 |
electronic monitoring or without prior approval of the department | 1208 |
of rehabilitation and correction in relation to the use of an | 1209 |
electronic monitoring device for an inmate on transitional control | 1210 |
or otherwise is tampered with. | 1211 |
(3) Any type of technology that can adequately track or | 1212 |
determine the location of a subject person at any time and that is | 1213 |
approved by the director of rehabilitation and correction, | 1214 |
including, but not limited to, any satellite technology, voice | 1215 |
tracking system, or retinal scanning system that is so approved. | 1216 |
(VV) "Non-economic loss" means nonpecuniary harm suffered by | 1217 |
a victim of an offense as a result of or related to the commission | 1218 |
of the offense, including, but not limited to, pain and suffering; | 1219 |
loss of society, consortium, companionship, care, assistance, | 1220 |
attention, protection, advice, guidance, counsel, instruction, | 1221 |
training, or education; mental anguish; and any other intangible | 1222 |
loss. | 1223 |
(WW) "Prosecutor" has the same meaning as in section 2935.01 | 1224 |
of the Revised Code. | 1225 |
(XX) "Continuous alcohol monitoring" means the ability to | 1226 |
automatically test and periodically transmit alcohol consumption | 1227 |
levels and tamper attempts at least every hour, regardless of the | 1228 |
location of the person who is being monitored. | 1229 |
(YY) A person is "adjudicated a sexually violent predator" if | 1230 |
the person is convicted of or pleads guilty to a violent sex | 1231 |
offense and also is convicted of or pleads guilty to a sexually | 1232 |
violent predator specification that was included in the | 1233 |
indictment, count in the indictment, or information charging that | 1234 |
violent sex offense or if the person is convicted of or pleads | 1235 |
guilty to a designated homicide, assault, or kidnapping offense | 1236 |
and also is convicted of or pleads guilty to both a sexual | 1237 |
motivation specification and a sexually violent predator | 1238 |
specification that were included in the indictment, count in the | 1239 |
indictment, or information charging that designated homicide, | 1240 |
assault, or kidnapping offense. | 1241 |
(ZZ) An offense is "committed in proximity to a school" if | 1242 |
the offender commits the offense in a school safety zone or within | 1243 |
five hundred feet of any school building or the boundaries of any | 1244 |
school premises, regardless of whether the offender knows the | 1245 |
offense is being committed in a school safety zone or within five | 1246 |
hundred feet of any school building or the boundaries of any | 1247 |
school premises. | 1248 |
(AAA) "Human trafficking" means a scheme or plan to which all | 1249 |
of the following apply: | 1250 |
(1) Its object is to subject a victim or victims to | 1251 |
involuntary servitude, as defined in section 2905.31 of the | 1252 |
Revised Code, to compel a victim or victims to engage in sexual | 1253 |
activity for hire, to engage in a performance that is obscene, | 1254 |
sexually oriented, or nudity oriented, or to be a model or | 1255 |
participant in the production of material that is obscene, | 1256 |
sexually oriented, or nudity oriented. | 1257 |
(2) It involves at least two felony offenses, whether or not | 1258 |
there has been a prior conviction for any of the felony offenses, | 1259 |
to which all of the following apply: | 1260 |
(a) Each of the felony offenses is a violation of section | 1261 |
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division | 1262 |
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3), | 1263 |
(4), or (5) of section 2919.22 of the Revised Code or is a | 1264 |
violation of a law of any state other than this state that is | 1265 |
substantially similar to any of the sections or divisions of the | 1266 |
Revised Code identified in this division. | 1267 |
(b) At least one of the felony offenses was committed in this | 1268 |
state. | 1269 |
(c) The felony offenses are related to the same scheme or | 1270 |
plan | 1271 |
1272 | |
1273 |
(BBB) "Material," "nudity," "obscene," "performance," and | 1274 |
"sexual activity" have the same meanings as in section 2907.01 of | 1275 |
the Revised Code. | 1276 |
(CCC) "Material that is obscene, sexually oriented, or nudity | 1277 |
oriented" means any material that is obscene, that shows a person | 1278 |
participating or engaging in sexual activity, masturbation, or | 1279 |
bestiality, or that shows a person in a state of nudity. | 1280 |
(DDD) "Performance that is obscene, sexually oriented, or | 1281 |
nudity oriented" means any performance that is obscene, that shows | 1282 |
a person participating or engaging in sexual activity, | 1283 |
masturbation, or bestiality, or that shows a person in a state of | 1284 |
nudity. | 1285 |
Sec. 2933.51. As used in sections 2933.51 to 2933.66 of the | 1286 |
Revised Code: | 1287 |
(A) "Wire communication" means an aural transfer that is made | 1288 |
in whole or in part through the use of facilities for the | 1289 |
transmission of communications by the aid of wires or similar | 1290 |
methods of connecting the point of origin of the communication and | 1291 |
the point of reception of the communication, including the use of | 1292 |
a method of connecting the point of origin and the point of | 1293 |
reception of the communication in a switching station, if the | 1294 |
facilities are furnished or operated by a person engaged in | 1295 |
providing or operating the facilities for the transmission of | 1296 |
communications. "Wire communication" includes an electronic | 1297 |
storage of a wire communication. | 1298 |
(B) "Oral communication" means an oral communication uttered | 1299 |
by a person exhibiting an expectation that the communication is | 1300 |
not subject to interception under circumstances justifying that | 1301 |
expectation. "Oral communication" does not include an electronic | 1302 |
communication. | 1303 |
(C) "Intercept" means the aural or other acquisition of the | 1304 |
contents of any wire, oral, or electronic communication through | 1305 |
the use of an interception device. | 1306 |
(D) "Interception device" means an electronic, mechanical, or | 1307 |
other device or apparatus that can be used to intercept a wire, | 1308 |
oral, or electronic communication. "Interception device" does not | 1309 |
mean any of the following: | 1310 |
(1) A telephone or telegraph instrument, equipment, or | 1311 |
facility, or any of its components, if the instrument, equipment, | 1312 |
facility, or component is any of the following: | 1313 |
(a) Furnished to the subscriber or user by a provider of wire | 1314 |
or electronic communication service in the ordinary course of its | 1315 |
business and being used by the subscriber or user in the ordinary | 1316 |
course of its business; | 1317 |
(b) Furnished by a subscriber or user for connection to the | 1318 |
facilities of a provider of wire or electronic communication | 1319 |
service and used in the ordinary course of that subscriber's or | 1320 |
user's business; | 1321 |
(c) Being used by a provider of wire or electronic | 1322 |
communication service in the ordinary course of its business or by | 1323 |
an investigative or law enforcement officer in the ordinary course | 1324 |
of the officer's duties that do not involve the interception of | 1325 |
wire, oral, or electronic communications. | 1326 |
(2) A hearing aid or similar device being used to correct | 1327 |
subnormal hearing to not better than normal. | 1328 |
(E) "Investigative officer" means any of the following: | 1329 |
(1) An officer of this state or a political subdivision of | 1330 |
this state, who is empowered by law to conduct investigations or | 1331 |
to make arrests for a designated offense; | 1332 |
(2) A person described in divisions (A)(11)(a) and (b) of | 1333 |
section 2901.01 of the Revised Code; | 1334 |
(3) An attorney authorized by law to prosecute or participate | 1335 |
in the prosecution of a designated offense; | 1336 |
(4) A secret service officer appointed pursuant to section | 1337 |
309.07 of the Revised Code; | 1338 |
(5) An officer of the United States, a state, or a political | 1339 |
subdivision of a state who is authorized to conduct investigations | 1340 |
pursuant to the "Electronic Communications Privacy Act of 1986," | 1341 |
100 Stat. 1848-1857, 18 U.S.C. 2510-2521 (1986), as amended. | 1342 |
(F) "Interception warrant" means a court order that | 1343 |
authorizes the interception of wire, oral, or electronic | 1344 |
communications and that is issued pursuant to sections 2933.53 to | 1345 |
2933.56 of the Revised Code. | 1346 |
(G) "Contents," when used with respect to a wire, oral, or | 1347 |
electronic communication, includes any information concerning the | 1348 |
substance, purport, or meaning of the communication. | 1349 |
(H) "Communications common carrier" means a person who is | 1350 |
engaged as a common carrier for hire in intrastate, interstate, or | 1351 |
foreign communications by wire, radio, or radio transmission of | 1352 |
energy. "Communications common carrier" does not include, to the | 1353 |
extent that the person is engaged in radio broadcasting, a person | 1354 |
engaged in radio broadcasting. | 1355 |
(I) "Designated offense" means any of the following: | 1356 |
(1) A felony violation of section 1315.53, 1315.55, 2903.01, | 1357 |
2903.02, 2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 2905.32, | 1358 |
2907.02, 2907.21, 2907.22, 2909.02, 2909.03, 2909.04, 2909.22, | 1359 |
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, | 1360 |
2911.02, 2911.11, 2911.12, 2913.02, 2913.04, 2913.42, 2913.51, | 1361 |
2915.02, 2915.03, 2917.01, 2917.02, 2921.02, 2921.03, 2921.04, | 1362 |
2921.32, 2921.34, 2923.20, 2923.32, 2925.03, 2925.04, 2925.05, or | 1363 |
2925.06 or of division (B) of section 2915.05 of the Revised Code; | 1364 |
(2) A violation of section 2919.23 of the Revised Code that, | 1365 |
had it occurred prior to July 1, 1996, would have been a violation | 1366 |
of section 2905.04 of the Revised Code as it existed prior to that | 1367 |
date; | 1368 |
(3) A felony violation of section 2925.11 of the Revised Code | 1369 |
that is not a minor drug possession offense, as defined in section | 1370 |
2925.01 of the Revised Code; | 1371 |
(4) Complicity in the commission of a felony violation of a | 1372 |
section listed in division (I)(1), (2), or (3) of this section; | 1373 |
(5) An attempt to commit, or conspiracy in the commission of, | 1374 |
a felony violation of a section listed in division (I)(1), (2), or | 1375 |
(3) of this section, if the attempt or conspiracy is punishable by | 1376 |
a term of imprisonment of more than one year. | 1377 |
(J) "Aggrieved person" means a person who was a party to an | 1378 |
intercepted wire, oral, or electronic communication or a person | 1379 |
against whom the interception of the communication was directed. | 1380 |
(K) "Person" means a person, as defined in section 1.59 of | 1381 |
the Revised Code, or a governmental officer, employee, or entity. | 1382 |
(L) "Special need" means a showing that a licensed physician, | 1383 |
licensed practicing psychologist, attorney, practicing cleric, | 1384 |
journalist, or either spouse is personally engaging in continuing | 1385 |
criminal activity, was engaged in continuing criminal activity | 1386 |
over a period of time, or is committing, has committed, or is | 1387 |
about to commit, a designated offense, or a showing that specified | 1388 |
public facilities are being regularly used by someone who is | 1389 |
personally engaging in continuing criminal activity, was engaged | 1390 |
in continuing criminal activity over a period of time, or is | 1391 |
committing, has committed, or is about to commit, a designated | 1392 |
offense. | 1393 |
(M) "Journalist" means a person engaged in, connected with, | 1394 |
or employed by, any news media, including a newspaper, magazine, | 1395 |
press association, news agency, or wire service, a radio or | 1396 |
television station, or a similar media, for the purpose of | 1397 |
gathering, processing, transmitting, compiling, editing, or | 1398 |
disseminating news for the general public. | 1399 |
(N) "Electronic communication" means a transfer of a sign, | 1400 |
signal, writing, image, sound, datum, or intelligence of any | 1401 |
nature that is transmitted in whole or in part by a wire, radio, | 1402 |
electromagnetic, photoelectronic, or photo-optical system. | 1403 |
"Electronic communication" does not mean any of the following: | 1404 |
(1) A wire or oral communication; | 1405 |
(2) A communication made through a tone-only paging device; | 1406 |
(3) A communication from an electronic or mechanical tracking | 1407 |
device that permits the tracking of the movement of a person or | 1408 |
object. | 1409 |
(O) "User" means a person or entity that uses an electronic | 1410 |
communication service and is duly authorized by the provider of | 1411 |
the service to engage in the use of the electronic communication | 1412 |
service. | 1413 |
(P) "Electronic communications system" means a wire, radio, | 1414 |
electromagnetic, photoelectronic, or photo-optical facility for | 1415 |
the transmission of electronic communications, and a computer | 1416 |
facility or related electronic equipment for the electronic | 1417 |
storage of electronic communications. | 1418 |
(Q) "Electronic communication service" means a service that | 1419 |
provides to users of the service the ability to send or receive | 1420 |
wire or electronic communications. | 1421 |
(R) "Readily accessible to the general public" means, with | 1422 |
respect to a radio communication, that the communication is none | 1423 |
of the following: | 1424 |
(1) Scrambled or encrypted; | 1425 |
(2) Transmitted using a modulation technique, the essential | 1426 |
parameters of which have been withheld from the public with the | 1427 |
intention of preserving the privacy of the communication; | 1428 |
(3) Carried on a subcarrier or other signal subsidiary to a | 1429 |
radio transmission; | 1430 |
(4) Transmitted over a communications system provided by a | 1431 |
communications common carrier, unless the communication is a | 1432 |
tone-only paging system communication; | 1433 |
(5) Transmitted on a frequency allocated under part 25, | 1434 |
subpart D, E, or F of part 74, or part 94 of the Rules of the | 1435 |
Federal Communications Commission, as those provisions existed on | 1436 |
July 1, 1996, unless, in the case of a communication transmitted | 1437 |
on a frequency allocated under part 74 that is not exclusively | 1438 |
allocated to broadcast auxiliary services, the communication is a | 1439 |
two-way voice communication by radio. | 1440 |
(S) "Electronic storage" means a temporary, intermediate | 1441 |
storage of a wire or electronic communication that is incidental | 1442 |
to the electronic transmission of the communication, and a storage | 1443 |
of a wire or electronic communication by an electronic | 1444 |
communication service for the purpose of backup protection of the | 1445 |
communication. | 1446 |
(T) "Aural transfer" means a transfer containing the human | 1447 |
voice at a point between and including the point of origin and the | 1448 |
point of reception. | 1449 |
(U) "Pen register" means a device that records or decodes | 1450 |
electronic impulses that identify the numbers dialed, pulsed, or | 1451 |
otherwise transmitted on telephone lines to which the device is | 1452 |
attached. | 1453 |
(V) "Trap and trace device" means a device that captures the | 1454 |
incoming electronic or other impulses that identify the | 1455 |
originating number of an instrument or device from which a wire | 1456 |
communication or electronic communication was transmitted but that | 1457 |
does not intercept the contents of the wire communication or | 1458 |
electronic communication. | 1459 |
(W) "Judge of a court of common pleas" means a judge of that | 1460 |
court who is elected or appointed as a judge of general | 1461 |
jurisdiction or as a judge who exercises both general jurisdiction | 1462 |
and probate, domestic relations, or juvenile jurisdiction. "Judge | 1463 |
of a court of common pleas" does not mean a judge of that court | 1464 |
who is elected or appointed specifically as a probate, domestic | 1465 |
relations, or juvenile judge. | 1466 |
Section 2. That existing sections 2901.01, 2905.01, 2905.02, | 1467 |
2907.21, 2923.01, 2923.31, 2929.01, and 2933.51 of the Revised | 1468 |
Code are hereby repealed. | 1469 |