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| To amend section 2905.05 of the Revised Code to | 1 |
| prohibit under the offense of criminal child | 2 |
| enticement an offender, for an unlawful purpose | 3 |
| and without privilege, consent, or a public safety | 4 |
| or education-related employment, from soliciting, | 5 |
| coaxing, enticing, or luring the child to | 6 |
| accompany the offender and to declare an | 7 |
| emergency. | 8 |
| Section 1. That section 2905.05 of the Revised Code be | 9 |
| amended to read as follows: | 10 |
| Sec. 2905.05. (A) No person, by any means and without | 11 |
| privilege to do so, shall knowingly solicit, coax, entice, or lure | 12 |
| any child under fourteen years of age to accompany the person in | 13 |
| any manner, including entering into any vehicle or onto any | 14 |
| vessel, whether or not the offender knows the age of the child, if | 15 |
| both of the following apply: | 16 |
| (1) The actor does not have the express or implied permission | 17 |
| of the parent, guardian, or other legal custodian of the child in | 18 |
| undertaking the activity. | 19 |
| (2) The actor is not a law enforcement officer, medic, | 20 |
| firefighter, or other person who regularly provides emergency | 21 |
| services, and is not an employee or agent of, or a volunteer | 22 |
| acting under the direction of, any board of education, or the | 23 |
| actor is any of such persons, but, at the time the actor | 24 |
| undertakes the activity, the actor is not acting within the scope | 25 |
| of the actor's lawful duties in that capacity. | 26 |
| (B) No person, with a sexual motivation, shall violate | 27 |
| division (A) of this section. | 28 |
| (C) No person, for any unlawful purpose other than, or in | 29 |
| addition to, that proscribed by division (A) of this section, | 30 |
| shall engage in any activity described in division (A) of this | 31 |
| section. | 32 |
| (D) It is an affirmative defense to a charge under division | 33 |
| (A) of this section that the actor undertook the activity in | 34 |
| response to a bona fide emergency situation or that the actor | 35 |
| undertook the activity in a reasonable belief that it was | 36 |
| necessary to preserve the health, safety, or welfare of the child. | 37 |
| | 38 |
| section is guilty of criminal child enticement, a misdemeanor of | 39 |
| the first degree. If the offender previously has been convicted of | 40 |
| a violation of this section, section 2907.02 or 2907.03 or former | 41 |
| section 2907.12 of the Revised Code, or section 2905.01 or 2907.05 | 42 |
| of the Revised Code when the victim of that prior offense was | 43 |
| under seventeen years of age at the time of the offense, criminal | 44 |
| child enticement is a felony of the fifth degree. | 45 |
| | 46 |
| (1) "Sexual motivation" has the same meaning as in section | 47 |
| 2971.01 of the Revised Code. | 48 |
| (2) "Vehicle" has the same meaning as in section 4501.01 of | 49 |
| the Revised Code. | 50 |
| (3) "Vessel" has the same meaning as in section 1547.01 of | 51 |
| the Revised Code. | 52 |
| Section 2. That existing section 2905.05 of the Revised Code | 53 |
| is hereby repealed. | 54 |
| Section 3. This act is hereby declared to be an emergency | 55 |
| measure necessary for the immediate preservation of the public | 56 |
| peace, health, and safety. The reason for such necessity is to | 57 |
| protect minors who are vulnerable victims of the offense of | 58 |
| criminal child enticement modified in this act. Therefore, this | 59 |
| act shall go into immediate effect. | 60 |