As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 130

Representative Fedor 

Cosponsors: Representatives Antonio, Ashford, Barborak, Barnes, Bishoff, Boose, Boyce, Boyd, Brown, Buchy, Budish, Carney, Celebrezze, Cera, Clyde, Curtin, Derickson, Dovilla, Driehaus, Foley, Gerberry, Green, Hagan, R., Hall, Heard, Henne, Letson, Lundy, Maag, Mallory, Milkovich, O'Brien, Patmon, Patterson, Pelanda, Phillips, Pillich, Ramos, Redfern, Reece, Rogers, Schuring, Slesnick, Stautberg, Stebelton, Stinziano, Strahorn, Sykes, Szollosi, Terhar, Williams, Winburn 

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A BILL

To amend sections 109.54, 2151.281, 2151.414,

1

2151.419, 2901.13, 2905.32, 2907.02, 2907.05,

2

2907.07, 2907.22, 2907.24, 2929.01, 2937.11,

3

2950.01, and 4731.41 and to enact sections

4

149.435, 2907.19, and 2907.242 of the Revised Code

5

to authorize a judge or magistrate to order the

6

testimony of a victim of trafficking in persons to

7

be taken by closed circuit television equipment

8

under certain circumstances, to prohibit the

9

release of routine police reports that contain

10

identifying information about minor crime victims

11

or uncharged arrestees unless the identifying

12

information is redacted, to specify that a public

13

children services agency or private child

14

placement agency is not required to make

15

reasonable efforts to prevent the removal of a

16

child from the child's home, eliminate the

17

continued removal of a child from the child's

18

home, or return a child to the child's home and

19

that a court find that a child cannot be placed

20

with either parent under specified circumstances,

21

to provide that a guardian ad litem can be

22

appointed for a child in certain situations, to

23

extend the period within which a prosecution for

24

trafficking in persons must be commenced from six

25

to twenty years after the offense is committed, to

26

specify that the Rape Shield Law applies to

27

evidence of a rape victim's involuntary sexual

28

activity as well as evidence of a rape victim's

29

voluntary sexual activity, to prohibit the

30

admission of evidence pertaining to a victim's

31

sexual activity in a case of trafficking in

32

persons in the same manner as the Rape Shield Law

33

does in a case of rape, to eliminate as an element

34

of the offense of importuning the offender's

35

knowledge or reckless disregard of the age of the

36

person importuned when the person importuned is a

37

victim of trafficking in persons who is 16 or 17

38

years of age, to provide that if a minor is a

39

victim of trafficking in persons or human

40

trafficking the state does not need to prove that

41

the minor was compelled to engage in certain

42

specified activities, to include in the offense of

43

promoting prostitution certain specified

44

activities that through electronic means promotes

45

or facilitates sexual activity for hire, to

46

increase the penalty for soliciting when the

47

person solicited is a minor, to require offenders

48

convicted of solicitation when the person

49

solicited is under 18 years of age to register as

50

sex offenders, to prohibit including the term

51

"massage" or any other term that implies a massage

52

technique or method in advertisements unless

53

certain circumstances apply, and to declare an

54

emergency.

55

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

Section 1. That sections 109.54, 2151.281, 2151.414,	56
2151.419, 2901.13, 2905.32, 2907.02, 2907.05, 2907.07, 2907.22,	57
2907.24, 2929.01, 2937.11, 2950.01, and 4731.41 be amended and	58
sections 149.435, 2907.19, and 2907.242 of the Revised Code be	59
enacted to read as follows:	60

Sec. 109.54.  (A) The bureau of criminal identification and	61
investigation may investigate any criminal activity in this state	62
that is of statewide or intercounty concern when requested by	63
local authorities and may aid federal authorities, when requested,	64
in their investigation of any criminal activity in this state. The	65
bureau may investigate any criminal activity in this state related	66
to the conduct of elections when requested by the secretary of	67
state. The bureau may investigate any criminal activity in this	68
state involving drug abuse or illegal drug distribution prohibited	69
under Chapter 3719. or 4729. of the Revised Code. The	70
superintendent and any agent of the bureau may participate, as the	71
director of an organized crime task force established under	72
section 177.02 of the Revised Code or as a member of the	73
investigatory staff of a task force established under that	74
section, in an investigation of organized criminal activity	75
anywhere within this state under sections 177.01 to 177.03 of the	76
Revised Code.	77

(B) The bureau may provide any trained investigative	78
personnel and specialized equipment that are requested by any	79
sheriff or chief of police, by the authorized designee of any	80
sheriff or chief of police, or by any other authorized law	81
enforcement officer to aid and assist the officer in the	82
investigation and solution of any crime or the control of any	83
criminal activity occurring within the officer's jurisdiction.	84
This assistance shall be furnished by the bureau without	85
disturbing or impairing any of the existing law enforcement	86
authority or the prerogatives of local law enforcement authorities	87
or officers. Investigators provided pursuant to this section, or	88
engaged in an investigation pursuant to section 109.83 of the	89
Revised Code, may go armed in the same manner as sheriffs and	90
regularly appointed police officers under section 2923.12 of the	91
Revised Code.	92

(C)(1) The bureau shall obtain recording equipment that can	93
be used to record depositions of the type described in division	94
(A) of section 2152.81 and division (A) of section 2945.481 of the	95
Revised Code, or testimony of the type described in division (D)	96
of section 2152.81 and division (D) of section 2945.481 or in	97
division (C) of section 2937.11 of the Revised Code, shall obtain	98
closed circuit equipment that can be used to televise testimony of	99
the type described in division (C) of section 2152.81 and division	100
(C) of section 2945.481 or in division (B) or (D) of section	101
2937.11 of the Revised Code, and shall provide the equipment, upon	102
request, to any court for use in recording any deposition or	103
testimony of one of those types or in televising the testimony in	104
accordance with the applicable division.	105

(2) The bureau shall obtain the names, addresses, and	106
telephone numbers of persons who are experienced in questioning	107
children in relation to an investigation of a violation of section	108
2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	109
2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32,	110
2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an	111
offense of violence and shall maintain a list of those names,	112
addresses, and telephone numbers. The list shall include a	113
classification of the names, addresses, and telephone numbers by	114
appellate district. Upon request, the bureau shall provide any	115
county sheriff, chief of police, prosecuting attorney, village	116
solicitor, city director of law, or similar chief legal officer	117
with the name, address, and telephone number of any person	118
contained in the list.	119

Sec. 149.435.  (A) As used in this section:

120

(1) "Abused child" has the same meaning as in section	121
2151.031 of the Revised Code.	122

(2) "Confidential law enforcement investigatory record" has	123
the same meaning as in section 149.43 of the Revised Code.	124

(3) "Law enforcement agency" means a municipal or township	125
police department, the office of a sheriff, the state highway	126
patrol, federal law enforcement, a county prosecuting attorney,	127
the office of the United States attorney, or a state or local	128
governmental body that enforces criminal laws and that has	129
employees who have a statutory power of arrest.	130

(4) "Routine factual report" means a police blotter, arrest	131
log, incident report, or other record of events maintained in	132
paper, electronic, or other form by a law enforcement agency,	133
other than a confidential law enforcement investigatory record.	134

(B) Except as provided in division (D) of this section, a law	135
enforcement agency or employee of a law enforcement agency shall	136
not release to any person who is not employed by the agency a	137
routine factual report that includes the name of an alleged	138
delinquent child or arrestee who is also an abused child and who	139
is under eighteen years of age at the time the report is created	140
or that includes other information that is highly likely to	141
identify an alleged delinquent child or arrestee who is also an	142
abused child and who is under eighteen years of age at the time	143
the report is created unless the name or other identifying	144
information is obscured or deleted before the release of the	145
report.	146

(C) Except as provided in division (D) of this section, a law	147
enforcement agency or employee of a law enforcement agency shall	148
not disclose information contained in a routine factual report	149
that consists of the name of an alleged delinquent child or	150
arrestee who is also an abused child and who is under eighteen	151
years of age at the time the report is created or other	152
information that is highly likely to identify an alleged	153
delinquent child or arrestee who is also an abused child and who	154
is under eighteen years of age at the time the report is created.	155

(D) This section does not prohibit the release of a routine	156
factual report or the disclosure of information contained in a	157
routine factual report to any of the following:	158

(1) An employee of a law enforcement agency or prosecutor's	159
office for the purpose of investigating or prosecuting a crime or	160
delinquent act;	161

(2) An employee of the department of youth services or a	162
probation officer who is supervising an alleged delinquent child	163
or arrestee who is also an abused child and who is under eighteen	164
years of age;	165

(3) An employee of a law enforcement agency for use in the	166
employee's defense of a civil or administrative action arising out	167
of the employee's involvement in the case that gave rise to the	168
civil or administrative action;	169

(4) Any other person pursuant to a court order.

170

Sec. 2151.281.  (A) The court shall appoint a guardian ad	171
litem, subject to rules adopted by the supreme court, to protect	172
the interest of a child in any proceeding concerning an alleged or	173
adjudicated delinquent child or unruly child when either of the	174
following applies:	175

(1) The child has no parent, guardian, or legal custodian.

176

(2) The court finds that there is a conflict of interest	177
between the child and the child's parent, guardian, or legal	178
custodian.	179

(B)(1) The court shall appoint a guardian ad litem, subject	180
to rules adopted by the supreme court, to protect the interest of	181
a child in any proceeding concerning an alleged abused or	182
neglected child and in any proceeding held pursuant to section	183
2151.414 of the Revised Code. The guardian ad litem so appointed	184
shall not be the attorney responsible for presenting the evidence	185
alleging that the child is an abused or neglected child and shall	186
not be an employee of any party in the proceeding.	187

(2) The guardian ad litem appointed for an alleged or	188
adjudicated abused or neglected child may bring a civil action	189
against any person who is required by division (A)(1) or (4) of	190
section 2151.421 of the Revised Code to file a report of child	191
abuse or child neglect that is known or reasonably suspected or	192
believed to have occurred if that person knows, or has reasonable	193
cause to suspect or believe based on facts that would cause a	194
reasonable person in a similar position to suspect or believe, as	195
applicable, that the child for whom the guardian ad litem is	196
appointed is the subject of child abuse or child neglect and does	197
not file the required report and if the child suffers any injury	198
or harm as a result of the child abuse or child neglect that is	199
known or reasonably suspected or believed to have occurred or	200
suffers additional injury or harm after the failure to file the	201
report.	202

(C) In any proceeding concerning an alleged or adjudicated	203
delinquent, unruly, abused, neglected, or dependent child in which	204
the parent appears to be mentally incompetent or is under eighteen	205
years of age, the court shall appoint a guardian ad litem to	206
protect the interest of that parent.	207

(D) The court shall require the guardian ad litem to	208
faithfully discharge the guardian ad litem's duties and, upon the	209
guardian ad litem's failure to faithfully discharge the guardian	210
ad litem's duties, shall discharge the guardian ad litem and	211
appoint another guardian ad litem. The court may fix the	212
compensation for the service of the guardian ad litem, which	213
compensation shall be paid from the treasury of the county,	214
subject to rules adopted by the supreme court.	215

(E) A parent who is eighteen years of age or older and not	216
mentally incompetent shall be deemed sui juris for the purpose of	217
any proceeding relative to a child of the parent who is alleged or	218
adjudicated to be an abused, neglected, or dependent child.	219

(F) In any case in which a parent of a child alleged or	220
adjudicated to be an abused, neglected, or dependent child is	221
under eighteen years of age, the parents of that parent shall be	222
summoned to appear at any hearing respecting the child, who is	223
alleged or adjudicated to be an abused, neglected, or dependent	224
child.	225

(G) In any case involving an alleged or adjudicated abused or	226
neglected child or an agreement for the voluntary surrender of	227
temporary or permanent custody of a child that is made in	228
accordance with section 5103.15 of the Revised Code, the court	229
shall appoint the guardian ad litem in each case as soon as	230
possible after the complaint is filed, the request for an	231
extension of the temporary custody agreement is filed with the	232
court, or the request for court approval of the permanent custody	233
agreement is filed. In any case involving an alleged dependent	234
child in which the parent of the child appears to be mentally	235
incompetent or is under eighteen years of age, there is a conflict	236
of interest between the child and the child's parents, guardian,	237
or custodian, or the court believes that the parent of the child	238
is not capable of representing the best interest of the child, the	239
court shall appoint a guardian ad litem for the child. The	240
guardian ad litem or the guardian ad litem's replacement shall	241
continue to serve until any of the following occur:	242

(1) The complaint is dismissed or the request for an	243
extension of a temporary custody agreement or for court approval	244
of the permanent custody agreement is withdrawn or denied;	245

(2) All dispositional orders relative to the child have	246
terminated;	247

(3) The legal custody of the child is granted to a relative	248
of the child, or to another person;	249

(4) The child is placed in an adoptive home or, at the	250
court's discretion, a final decree of adoption is issued with	251
respect to the child;	252

(5) The child reaches the age of eighteen if the child is not	253
mentally retarded, developmentally disabled, or physically	254
impaired or the child reaches the age of twenty-one if the child	255
is mentally retarded, developmentally disabled, or physically	256
impaired;	257

(6) The guardian ad litem resigns or is removed by the court	258
and a replacement is appointed by the court.	259

If a guardian ad litem ceases to serve a child pursuant to	260
division (G)(4) of this section and the petition for adoption with	261
respect to the child is denied or withdrawn prior to the issuance	262
of a final decree of adoption or prior to the date an	263
interlocutory order of adoption becomes final, the juvenile court	264
shall reappoint a guardian ad litem for that child. The public	265
children services agency or private child placing agency with	266
permanent custody of the child shall notify the juvenile court if	267
the petition for adoption is denied or withdrawn.	268

(H) If the guardian ad litem for an alleged or adjudicated	269
abused, neglected, or dependent child is an attorney admitted to	270
the practice of law in this state, the guardian ad litem also may	271
serve as counsel to the ward. Until the supreme court adopts rules	272
regarding service as a guardian ad litem that regulate conflicts	273
between a person's role as guardian ad litem and as counsel, if a	274
person is serving as guardian ad litem and counsel for a child and	275
either that person or the court finds that a conflict may exist	276
between the person's roles as guardian ad litem and as counsel,	277
the court shall relieve the person of duties as guardian ad litem	278
and appoint someone else as guardian ad litem for the child. If	279
the court appoints a person who is not an attorney admitted to the	280
practice of law in this state to be a guardian ad litem, the court	281
also may appoint an attorney admitted to the practice of law in	282
this state to serve as counsel for the guardian ad litem.	283

(I) The guardian ad litem for an alleged or adjudicated	284
abused, neglected, or dependent child shall perform whatever	285
functions are necessary to protect the best interest of the child,	286
including, but not limited to, investigation, mediation,	287
monitoring court proceedings, and monitoring the services provided	288
the child by the public children services agency or private child	289
placing agency that has temporary or permanent custody of the	290
child, and shall file any motions and other court papers that are	291
in the best interest of the child.	292

The guardian ad litem shall be given notice of all hearings,	293
administrative reviews, and other proceedings in the same manner	294
as notice is given to parties to the action.	295

(J)(1) When the court appoints a guardian ad litem pursuant	296
to this section, it shall appoint a qualified volunteer or court	297
appointed special advocate whenever one is available and the	298
appointment is appropriate.	299

(2) Upon request, the department of job and family services	300
shall provide for the training of volunteer guardians ad litem.	301

(K)(1) The court also may appoint, and provide reasonable	302
compensation and payment of expenses for, a guardian ad litem for	303
a child who was a victim of, or a witness to, an offense involving	304
abuse or exploitation, including, but not limited to, a violation	305
of section 2905.32 of the Revised Code, to protect the best	306
interests of the child in a case in which a person is accused of	307
and being prosecuted for abusing or exploiting that child. In	308
making the appointment the court shall consider a prospective	309
guardian ad litem's background in, and familiarity with, the	310
judicial process, social service programs, and child abuse issues.	311
The guardian ad litem shall not be a person who is or may be a	312
witness in a proceeding involving the child for whom the guardian	313
ad litem is appointed.	314

(2) A guardian ad litem appointed pursuant to division (K)(1)	315
of this section:	316

(a) May attend all the depositions, hearings, and trial	317
proceedings in which the child has a right to participate and may	318
make recommendations to the court concerning the welfare of the	319
child;	320

(b) May have access to all reports, evaluations, and records,	321
except an attorney's work product, necessary to be an effective	322
advocate for the child;	323

(c) Shall collect and coordinate the delivery of resources	324
and special services to the child;	325

(d) Shall perform the functions described in division (I) of	326
this section.	327

(3) No guardian ad litem appointed pursuant to division	328
(K)(1) of this section shall be compelled to testify in any court	329
action or proceeding concerning any information or opinion	330
received from the child in the course of serving as a guardian ad	331
litem. A guardian ad litem appointed pursuant to division (K)(1)	332
of this section is presumed to be acting in good faith and is	333
immune from civil and criminal liability for complying with this	334
division.	335

Sec. 2151.414.  (A)(1) Upon the filing of a motion pursuant	336
to section 2151.413 of the Revised Code for permanent custody of a	337
child, the court shall schedule a hearing and give notice of the	338
filing of the motion and of the hearing, in accordance with	339
section 2151.29 of the Revised Code, to all parties to the action	340
and to the child's guardian ad litem. The notice also shall	341
contain a full explanation that the granting of permanent custody	342
permanently divests the parents of their parental rights, a full	343
explanation of their right to be represented by counsel and to	344
have counsel appointed pursuant to Chapter 120. of the Revised	345
Code if they are indigent, and the name and telephone number of	346
the court employee designated by the court pursuant to section	347
2151.314 of the Revised Code to arrange for the prompt appointment	348
of counsel for indigent persons.	349

The court shall conduct a hearing in accordance with section	350
2151.35 of the Revised Code to determine if it is in the best	351
interest of the child to permanently terminate parental rights and	352
grant permanent custody to the agency that filed the motion. The	353
adjudication that the child is an abused, neglected, or dependent	354
child and any dispositional order that has been issued in the case	355
under section 2151.353 of the Revised Code pursuant to the	356
adjudication shall not be readjudicated at the hearing and shall	357
not be affected by a denial of the motion for permanent custody.	358

(2) The court shall hold the hearing scheduled pursuant to	359
division (A)(1) of this section not later than one hundred twenty	360
days after the agency files the motion for permanent custody,	361
except that, for good cause shown, the court may continue the	362
hearing for a reasonable period of time beyond the	363
one-hundred-twenty-day deadline. The court shall issue an order	364
that grants, denies, or otherwise disposes of the motion for	365
permanent custody, and journalize the order, not later than two	366
hundred days after the agency files the motion.	367

If a motion is made under division (D)(2) of section 2151.413	368
of the Revised Code and no dispositional hearing has been held in	369
the case, the court may hear the motion in the dispositional	370
hearing required by division (B) of section 2151.35 of the Revised	371
Code. If the court issues an order pursuant to section 2151.353 of	372
the Revised Code granting permanent custody of the child to the	373
agency, the court shall immediately dismiss the motion made under	374
division (D)(2) of section 2151.413 of the Revised Code.	375

The failure of the court to comply with the time periods set	376
forth in division (A)(2) of this section does not affect the	377
authority of the court to issue any order under this chapter and	378
does not provide any basis for attacking the jurisdiction of the	379
court or the validity of any order of the court.	380

(B)(1) Except as provided in division (B)(2) of this section,	381
the court may grant permanent custody of a child to a movant if	382
the court determines at the hearing held pursuant to division (A)	383
of this section, by clear and convincing evidence, that it is in	384
the best interest of the child to grant permanent custody of the	385
child to the agency that filed the motion for permanent custody	386
and that any of the following apply:	387

(a) The child is not abandoned or orphaned, has not been in	388
the temporary custody of one or more public children services	389
agencies or private child placing agencies for twelve or more	390
months of a consecutive twenty-two-month period, or has not been	391
in the temporary custody of one or more public children services	392
agencies or private child placing agencies for twelve or more	393
months of a consecutive twenty-two-month period if, as described	394
in division (D)(1) of section 2151.413 of the Revised Code, the	395
child was previously in the temporary custody of an equivalent	396
agency in another state, and the child cannot be placed with	397
either of the child's parents within a reasonable time or should	398
not be placed with the child's parents.	399

(b) The child is abandoned.

400

(c) The child is orphaned, and there are no relatives of the	401
child who are able to take permanent custody.	402

(d) The child has been in the temporary custody of one or	403
more public children services agencies or private child placing	404
agencies for twelve or more months of a consecutive	405
twenty-two-month period, or the child has been in the temporary	406
custody of one or more public children services agencies or	407
private child placing agencies for twelve or more months of a	408
consecutive twenty-two-month period and, as described in division	409
(D)(1) of section 2151.413 of the Revised Code, the child was	410
previously in the temporary custody of an equivalent agency in	411
another state.	412

For the purposes of division (B)(1) of this section, a child	413
shall be considered to have entered the temporary custody of an	414
agency on the earlier of the date the child is adjudicated	415
pursuant to section 2151.28 of the Revised Code or the date that	416
is sixty days after the removal of the child from home.	417

(2) With respect to a motion made pursuant to division (D)(2)	418
of section 2151.413 of the Revised Code, the court shall grant	419
permanent custody of the child to the movant if the court	420
determines in accordance with division (E) of this section that	421
the child cannot be placed with one of the child's parents within	422
a reasonable time or should not be placed with either parent and	423
determines in accordance with division (D) of this section that	424
permanent custody is in the child's best interest.	425

(C) In making the determinations required by this section or	426
division (A)(4) of section 2151.353 of the Revised Code, a court	427
shall not consider the effect the granting of permanent custody to	428
the agency would have upon any parent of the child. A written	429
report of the guardian ad litem of the child shall be submitted to	430
the court prior to or at the time of the hearing held pursuant to	431
division (A) of this section or section 2151.35 of the Revised	432
Code but shall not be submitted under oath.	433

If the court grants permanent custody of a child to a movant	434
under this division, the court, upon the request of any party,	435
shall file a written opinion setting forth its findings of fact	436
and conclusions of law in relation to the proceeding. The court	437
shall not deny an agency's motion for permanent custody solely	438
because the agency failed to implement any particular aspect of	439
the child's case plan.	440

(D)(1) In determining the best interest of a child at a	441
hearing held pursuant to division (A) of this section or for the	442
purposes of division (A)(4) or (5) of section 2151.353 or division	443
(C) of section 2151.415 of the Revised Code, the court shall	444
consider all relevant factors, including, but not limited to, the	445
following:	446

(a) The interaction and interrelationship of the child with	447
the child's parents, siblings, relatives, foster caregivers and	448
out-of-home providers, and any other person who may significantly	449
affect the child;	450

(b) The wishes of the child, as expressed directly by the	451
child or through the child's guardian ad litem, with due regard	452
for the maturity of the child;	453

(c) The custodial history of the child, including whether the	454
child has been in the temporary custody of one or more public	455
children services agencies or private child placing agencies for	456
twelve or more months of a consecutive twenty-two-month period, or	457
the child has been in the temporary custody of one or more public	458
children services agencies or private child placing agencies for	459
twelve or more months of a consecutive twenty-two-month period	460
and, as described in division (D)(1) of section 2151.413 of the	461
Revised Code, the child was previously in the temporary custody of	462
an equivalent agency in another state;	463

(d) The child's need for a legally secure permanent placement	464
and whether that type of placement can be achieved without a grant	465
of permanent custody to the agency;	466

(e) Whether any of the factors in divisions (E)(7) to (11) of	467
this section apply in relation to the parents and child.	468

For the purposes of division (D)(1) of this section, a child	469
shall be considered to have entered the temporary custody of an	470
agency on the earlier of the date the child is adjudicated	471
pursuant to section 2151.28 of the Revised Code or the date that	472
is sixty days after the removal of the child from home.	473

(2) If all of the following apply, permanent custody is in	474
the best interest of the child, and the court shall commit the	475
child to the permanent custody of a public children services	476
agency or private child placing agency:	477

(a) The court determines by clear and convincing evidence	478
that one or more of the factors in division (E) of this section	479
exist and the child cannot be placed with one of the child's	480
parents within a reasonable time or should not be placed with	481
either parent.	482

(b) The child has been in an agency's custody for two years	483
or longer, and no longer qualifies for temporary custody pursuant	484
to division (D) of section 2151.415 of the Revised Code.	485

(c) The child does not meet the requirements for a planned	486
permanent living arrangement pursuant to division (A)(5) of	487
section 2151.353 of the Revised Code.	488

(d) Prior to the dispositional hearing, no relative or other	489
interested person has filed, or has been identified in, a motion	490
for legal custody of the child.	491

(E) In determining at a hearing held pursuant to division (A)	492
of this section or for the purposes of division (A)(4) of section	493
2151.353 of the Revised Code whether a child cannot be placed with	494
either parent within a reasonable period of time or should not be	495
placed with the parents, the court shall consider all relevant	496
evidence. If the court determines, by clear and convincing	497
evidence, at a hearing held pursuant to division (A) of this	498
section or for the purposes of division (A)(4) of section 2151.353	499
of the Revised Code that one or more of the following exist as to	500
each of the child's parents, the court shall enter a finding that	501
the child cannot be placed with either parent within a reasonable	502
time or should not be placed with either parent:	503

(1) Following the placement of the child outside the child's	504
home and notwithstanding reasonable case planning and diligent	505
efforts by the agency to assist the parents to remedy the problems	506
that initially caused the child to be placed outside the home, the	507
parent has failed continuously and repeatedly to substantially	508
remedy the conditions causing the child to be placed outside the	509
child's home. In determining whether the parents have	510
substantially remedied those conditions, the court shall consider	511
parental utilization of medical, psychiatric, psychological, and	512
other social and rehabilitative services and material resources	513
that were made available to the parents for the purpose of	514
changing parental conduct to allow them to resume and maintain	515
parental duties.	516

(2) Chronic mental illness, chronic emotional illness, mental	517
retardation, physical disability, or chemical dependency of the	518
parent that is so severe that it makes the parent unable to	519
provide an adequate permanent home for the child at the present	520
time and, as anticipated, within one year after the court holds	521
the hearing pursuant to division (A) of this section or for the	522
purposes of division (A)(4) of section 2151.353 of the Revised	523
Code;	524

(3) The parent committed any abuse as described in section	525
2151.031 of the Revised Code against the child, caused the child	526
to suffer any neglect as described in section 2151.03 of the	527
Revised Code, or allowed the child to suffer any neglect as	528
described in section 2151.03 of the Revised Code between the date	529
that the original complaint alleging abuse or neglect was filed	530
and the date of the filing of the motion for permanent custody;	531

(4) The parent has demonstrated a lack of commitment toward	532
the child by failing to regularly support, visit, or communicate	533
with the child when able to do so, or by other actions showing an	534
unwillingness to provide an adequate permanent home for the child;	535

(5) The parent is incarcerated for an offense committed	536
against the child or a sibling of the child;	537

(6) The parent has been convicted of or pleaded guilty to an	538
offense under division (A) or (C) of section 2919.22 or under	539
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03,	540
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	541
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	542
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24,	543
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the	544
Revised Code, and the child or a sibling of the child was a victim	545
of the offense, or the parent has been convicted of or pleaded	546
guilty to an offense under section 2903.04 of the Revised Code, a	547
sibling of the child was the victim of the offense, and the parent	548
who committed the offense poses an ongoing danger to the child or	549
a sibling of the child.	550

(7) The parent has been convicted of or pleaded guilty to one	551
of the following:	552

(a) An offense under section 2903.01, 2903.02, or 2903.03 of	553
the Revised Code or under an existing or former law of this state,	554
any other state, or the United States that is substantially	555
equivalent to an offense described in those sections and the	556
victim of the offense was a sibling of the child or the victim was	557
another child who lived in the parent's household at the time of	558
the offense;	559

(b) An offense under section 2903.11, 2903.12, or 2903.13 of	560
the Revised Code or under an existing or former law of this state,	561
any other state, or the United States that is substantially	562
equivalent to an offense described in those sections and the	563
victim of the offense is the child, a sibling of the child, or	564
another child who lived in the parent's household at the time of	565
the offense;	566

(c) An offense under division (B)(2) of section 2919.22 of	567
the Revised Code or under an existing or former law of this state,	568
any other state, or the United States that is substantially	569
equivalent to the offense described in that section and the child,	570
a sibling of the child, or another child who lived in the parent's	571
household at the time of the offense is the victim of the offense;	572

(d) An offense under section 2907.02, 2907.03, 2907.04,	573
2907.05, or 2907.06 of the Revised Code or under an existing or	574
former law of this state, any other state, or the United States	575
that is substantially equivalent to an offense described in those	576
sections and the victim of the offense is the child, a sibling of	577
the child, or another child who lived in the parent's household at	578
the time of the offense;	579

(e) An offense under section 2905.32, 2907.21, or 2907.22 of	580
the Revised Code or under an existing or former law of this state,	581
any other state, or the United States that is substantially	582
equivalent to the offense described in that section and the victim	583
of the offense is the child, a sibling of the child, or another	584
child who lived in the parent's household at the time of the	585
offense;	586

(f) A conspiracy or attempt to commit, or complicity in	587
committing, an offense described in division (E)(7)(a) or, (d), or	588
(e) of this section.	589

(8) The parent has repeatedly withheld medical treatment or	590
food from the child when the parent has the means to provide the	591
treatment or food, and, in the case of withheld medical treatment,	592
the parent withheld it for a purpose other than to treat the	593
physical or mental illness or defect of the child by spiritual	594
means through prayer alone in accordance with the tenets of a	595
recognized religious body.	596

(9) The parent has placed the child at substantial risk of	597
harm two or more times due to alcohol or drug abuse and has	598
rejected treatment two or more times or refused to participate in	599
further treatment two or more times after a case plan issued	600
pursuant to section 2151.412 of the Revised Code requiring	601
treatment of the parent was journalized as part of a dispositional	602
order issued with respect to the child or an order was issued by	603
any other court requiring treatment of the parent.	604

(10) The parent has abandoned the child.

605

(11) The parent has had parental rights involuntarily	606
terminated with respect to a sibling of the child pursuant to this	607
section or section 2151.353 or 2151.415 of the Revised Code, or	608
under an existing or former law of this state, any other state, or	609
the United States that is substantially equivalent to those	610
sections, and the parent has failed to provide clear and	611
convincing evidence to prove that, notwithstanding the prior	612
termination, the parent can provide a legally secure permanent	613
placement and adequate care for the health, welfare, and safety of	614
the child.	615

(12) The parent is incarcerated at the time of the filing of	616
the motion for permanent custody or the dispositional hearing of	617
the child and will not be available to care for the child for at	618
least eighteen months after the filing of the motion for permanent	619
custody or the dispositional hearing.	620

(13) The parent is repeatedly incarcerated, and the repeated	621
incarceration prevents the parent from providing care for the	622
child.	623

(14) The parent for any reason is unwilling to provide food,	624
clothing, shelter, and other basic necessities for the child or to	625
prevent the child from suffering physical, emotional, or sexual	626
abuse or physical, emotional, or mental neglect.	627

(15) The parent has committed abuse as described in section	628
2151.031 of the Revised Code against the child or caused or	629
allowed the child to suffer neglect as described in section	630
2151.03 of the Revised Code, and the court determines that the	631
seriousness, nature, or likelihood of recurrence of the abuse or	632
neglect makes the child's placement with the child's parent a	633
threat to the child's safety.	634

(16) Any other factor the court considers relevant.

635

(F) The parents of a child for whom the court has issued an	636
order granting permanent custody pursuant to this section, upon	637
the issuance of the order, cease to be parties to the action. This	638
division is not intended to eliminate or restrict any right of the	639
parents to appeal the granting of permanent custody of their child	640
to a movant pursuant to this section.	641

Sec. 2151.419.  (A)(1) Except as provided in division (A)(2)	642
of this section, at any hearing held pursuant to section 2151.28,	643
division (E) of section 2151.31, or section 2151.314, 2151.33, or	644
2151.353 of the Revised Code at which the court removes a child	645
from the child's home or continues the removal of a child from the	646
child's home, the court shall determine whether the public	647
children services agency or private child placing agency that	648
filed the complaint in the case, removed the child from home, has	649
custody of the child, or will be given custody of the child has	650
made reasonable efforts to prevent the removal of the child from	651
the child's home, to eliminate the continued removal of the child	652
from the child's home, or to make it possible for the child to	653
return safely home. The agency shall have the burden of proving	654
that it has made those reasonable efforts. If the agency removed	655
the child from home during an emergency in which the child could	656
not safely remain at home and the agency did not have prior	657
contact with the child, the court is not prohibited, solely	658
because the agency did not make reasonable efforts during the	659
emergency to prevent the removal of the child, from determining	660
that the agency made those reasonable efforts. In determining	661
whether reasonable efforts were made, the child's health and	662
safety shall be paramount.	663

(2) If any of the following apply, the court shall make a	664
determination that the agency is not required to make reasonable	665
efforts to prevent the removal of the child from the child's home,	666
eliminate the continued removal of the child from the child's	667
home, and return the child to the child's home:	668

(a) The parent from whom the child was removed has been	669
convicted of or pleaded guilty to one of the following:	670

(i) An offense under section 2903.01, 2903.02, or 2903.03 of	671
the Revised Code or under an existing or former law of this state,	672
any other state, or the United States that is substantially	673
equivalent to an offense described in those sections and the	674
victim of the offense was a sibling of the child or the victim was	675
another child who lived in the parent's household at the time of	676
the offense;	677

(ii) An offense under section 2903.11, 2903.12, or 2903.13 of	678
the Revised Code or under an existing or former law of this state,	679
any other state, or the United States that is substantially	680
equivalent to an offense described in those sections and the	681
victim of the offense is the child, a sibling of the child, or	682
another child who lived in the parent's household at the time of	683
the offense;	684

(iii) An offense under division (B)(2) of section 2919.22 of	685
the Revised Code or under an existing or former law of this state,	686
any other state, or the United States that is substantially	687
equivalent to the offense described in that section and the child,	688
a sibling of the child, or another child who lived in the parent's	689
household at the time of the offense is the victim of the offense;	690

(iv) An offense under section 2907.02, 2907.03, 2907.04,	691
2907.05, or 2907.06 of the Revised Code or under an existing or	692
former law of this state, any other state, or the United States	693
that is substantially equivalent to an offense described in those	694
sections and the victim of the offense is the child, a sibling of	695
the child, or another child who lived in the parent's household at	696
the time of the offense;	697

(v) An offense under section 2907.21 or 2907.22 of the	698
Revised Code or under an existing or former law of this state, any	699
other state, or the United States that is substantially equivalent	700
to the offense described in those sections and the victim of the	701
offense is the child, a sibling of the child, or another child who	702
lived in the parent's household at the time of the offense;	703

(vi) An offense under division (A)(1) of section 2907.21 of	704
the Revised Code or under an existing or former law of this state,	705
any other state, or the United States that is substantially	706
equivalent to the offense described in that division and the	707
parent compels another to engage in sexual activity for hire with	708
the child, a sibling of the child, or another child who lived in	709
the parent's household at the time of the offense;	710

(vii) An offense under section 2905.32 of the Revised Code or	711
under an existing or former law of this state, any other state, or	712
the United States that is substantially equivalent to the offense	713
described in that section and the victim of the offense is the	714
child, a sibling of the child, or another child who lived in the	715
parent's household at the time of the offense;	716

(viii) A conspiracy or attempt to commit, or complicity in	717
committing, an offense described in division (A)(2)(a)(i) or,	718
(iv), (v), (vi), or (vii) of this section.	719

(b) The parent from whom the child was removed has repeatedly	720
withheld medical treatment or food from the child when the parent	721
has the means to provide the treatment or food. If the parent has	722
withheld medical treatment in order to treat the physical or	723
mental illness or defect of the child by spiritual means through	724
prayer alone, in accordance with the tenets of a recognized	725
religious body, the court or agency shall comply with the	726
requirements of division (A)(1) of this section.	727

(c) The parent from whom the child was removed has placed the	728
child at substantial risk of harm two or more times due to alcohol	729
or drug abuse and has rejected treatment two or more times or	730
refused to participate in further treatment two or more times	731
after a case plan issued pursuant to section 2151.412 of the	732
Revised Code requiring treatment of the parent was journalized as	733
part of a dispositional order issued with respect to the child or	734
an order was issued by any other court requiring such treatment of	735
the parent.	736

(d) The parent from whom the child was removed has abandoned	737
the child.	738

(e) The parent from whom the child was removed has had	739
parental rights involuntarily terminated with respect to a sibling	740
of the child pursuant to section 2151.353, 2151.414, or 2151.415	741
of the Revised Code or under an existing or former law of this	742
state, any other state, or the United States that is substantially	743
equivalent to those sections.	744

(3) At any hearing in which the court determines whether to	745
return a child to the child's home, the court may issue an order	746
that returns the child in situations in which the conditions	747
described in divisions (A)(2)(a) to (e) of this section are	748
present.	749

(B)(1) A court that is required to make a determination as	750
described in division (A)(1) or (2) of this section shall issue	751
written findings of fact setting forth the reasons supporting its	752
determination. If the court makes a written determination under	753
division (A)(1) of this section, it shall briefly describe in the	754
findings of fact the relevant services provided by the agency to	755
the family of the child and why those services did not prevent the	756
removal of the child from the child's home or enable the child to	757
return safely home.	758

(2) If a court issues an order that returns the child to the	759
child's home in situations in which division (A)(2)(a), (b), (c),	760
(d), or (e) of this section applies, the court shall issue written	761
findings of fact setting forth the reasons supporting its	762
determination.	763

(C) If the court makes a determination pursuant to division	764
(A)(2) of this section, the court shall conduct a review hearing	765
pursuant to section 2151.417 of the Revised Code to approve a	766
permanency plan with respect to the child, unless the court issues	767
an order returning the child home pursuant to division (A)(3) of	768
this section. The hearing to approve the permanency plan may be	769
held immediately following the court's determination pursuant to	770
division (A)(2) of this section and shall be held no later than	771
thirty days following that determination.	772

Sec. 2901.13.  (A)(1) Except as provided in division (A)(2)	773
or (3) of this section or as otherwise provided in this section, a	774
prosecution shall be barred unless it is commenced within the	775
following periods after an offense is committed:	776

(a) For a felony, six years;

777

(b) For a misdemeanor other than a minor misdemeanor, two	778
years;	779

(c) For a minor misdemeanor, six months.

780

(2) There is no period of limitation for the prosecution of a	781
violation of section 2903.01 or 2903.02 of the Revised Code.	782

(3) Except as otherwise provided in divisions (B) to (H) of	783
this section, a prosecution of any of the following offenses shall	784
be barred unless it is commenced within twenty years after the	785
offense is committed:	786

(a) A violation of section 2903.03, 2903.04, 2905.01,	787
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02,	788
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	789
2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised	790
Code, a violation of section 2903.11 or 2903.12 of the Revised	791
Code if the victim is a peace officer, a violation of section	792
2903.13 of the Revised Code that is a felony, or a violation of	793
former section 2907.12 of the Revised Code;	794

(b) A conspiracy to commit, attempt to commit, or complicity	795
in committing a violation set forth in division (A)(3)(a) of this	796
section.	797

(B)(1) Except as otherwise provided in division (B)(2) of	798
this section, if the period of limitation provided in division	799
(A)(1) or (3) of this section has expired, prosecution shall be	800
commenced for an offense of which an element is fraud or breach of	801
a fiduciary duty, within one year after discovery of the offense	802
either by an aggrieved person, or by the aggrieved person's legal	803
representative who is not a party to the offense.	804

(2) If the period of limitation provided in division (A)(1)	805
or (3) of this section has expired, prosecution for a violation of	806
section 2913.49 of the Revised Code shall be commenced within five	807
years after discovery of the offense either by an aggrieved person	808
or the aggrieved person's legal representative who is not a party	809
to the offense.	810

(C)(1) If the period of limitation provided in division	811
(A)(1) or (3) of this section has expired, prosecution shall be	812
commenced for the following offenses during the following	813
specified periods of time:	814

(a) For an offense involving misconduct in office by a public	815
servant, at any time while the accused remains a public servant,	816
or within two years thereafter;	817

(b) For an offense by a person who is not a public servant	818
but whose offense is directly related to the misconduct in office	819
of a public servant, at any time while that public servant remains	820
a public servant, or within two years thereafter.	821

(2) As used in this division:

822

(a) An "offense is directly related to the misconduct in	823
office of a public servant" includes, but is not limited to, a	824
violation of section 101.71, 101.91, 121.61 or 2921.13, division	825
(F) or (H) of section 102.03, division (A) of section 2921.02,	826
division (A) or (B) of section 2921.43, or division (F) or (G) of	827
section 3517.13 of the Revised Code, that is directly related to	828
an offense involving misconduct in office of a public servant.	829

(b) "Public servant" has the same meaning as in section	830
2921.01 of the Revised Code.	831

(D) An offense is committed when every element of the offense	832
occurs. In the case of an offense of which an element is a	833
continuing course of conduct, the period of limitation does not	834
begin to run until such course of conduct or the accused's	835
accountability for it terminates, whichever occurs first.	836

(E) A prosecution is commenced on the date an indictment is	837
returned or an information filed, or on the date a lawful arrest	838
without a warrant is made, or on the date a warrant, summons,	839
citation, or other process is issued, whichever occurs first. A	840
prosecution is not commenced by the return of an indictment or the	841
filing of an information unless reasonable diligence is exercised	842
to issue and execute process on the same. A prosecution is not	843
commenced upon issuance of a warrant, summons, citation, or other	844
process, unless reasonable diligence is exercised to execute the	845
same.	846

(F) The period of limitation shall not run during any time	847
when the corpus delicti remains undiscovered.	848

(G) The period of limitation shall not run during any time	849
when the accused purposely avoids prosecution. Proof that the	850
accused departed this state or concealed the accused's identity or	851
whereabouts is prima-facie evidence of the accused's purpose to	852
avoid prosecution.	853

(H) The period of limitation shall not run during any time a	854
prosecution against the accused based on the same conduct is	855
pending in this state, even though the indictment, information, or	856
process that commenced the prosecution is quashed or the	857
proceedings on the indictment, information, or process are set	858
aside or reversed on appeal.	859

(I) The period of limitation for a violation of any provision	860
of Title XXIX of the Revised Code that involves a physical or	861
mental wound, injury, disability, or condition of a nature that	862
reasonably indicates abuse or neglect of a child under eighteen	863
years of age or of a mentally retarded, developmentally disabled,	864
or physically impaired child under twenty-one years of age shall	865
not begin to run until either of the following occurs:	866

(1) The victim of the offense reaches the age of majority.

867

(2) A public children services agency, or a municipal or	868
county peace officer that is not the parent or guardian of the	869
child, in the county in which the child resides or in which the	870
abuse or neglect is occurring or has occurred has been notified	871
that abuse or neglect is known, suspected, or believed to have	872
occurred.	873

(J) As used in this section, "peace officer" has the same	874
meaning as in section 2935.01 of the Revised Code.	875

Sec. 2905.32. (A) No person shall knowingly recruit, lure,	876
entice, isolate, harbor, transport, provide, obtain, or maintain,	877
or knowingly attempt to recruit, lure, entice, isolate, harbor,	878
transport, provide, obtain, or maintain, another person knowing	879
that the person will be subjected to involuntary servitude or be	880
compelled to engage in sexual activity for hire, engage in a	881
performance that is obscene, sexually oriented, or nudity	882
oriented, or be a model or participant in the production of	883
material that is obscene, sexually oriented, or nudity oriented.	884

(B)(1) For a prosecution under this section, the element	885
"compelled" does not require that the compulsion be openly	886
displayed or physically exerted. The element "compelled" has been	887
established if the state proves that the victim's will was	888
overcome by force, fear, duress, or intimidation.	889

(2) If the victim of a violation of division (A) of this	890
section is a minor or an individual with a developmental	891
disability, the state does not need to prove that the victim's	892
will was overcome by force, fear, duress, or intimidation.	893

(C) In a prosecution under this section, proof that the	894
defendant engaged in sexual activity with any person, or solicited	895
sexual activity with any person, whether or not for hire, without	896
more, does not constitute a violation of this section.	897

(D) A prosecution for a violation of this section does not	898
preclude a prosecution of a violation of any other section of the	899
Revised Code. One or more acts, a series of acts, or a course of	900
behavior that can be prosecuted under this section or any other	901
section of the Revised Code may be prosecuted under this section,	902
the other section of the Revised Code, or both sections. However,	903
if an offender is convicted of or pleads guilty to a violation of	904
this section and also is convicted of or pleads guilty to a	905
violation of section 2907.21 of the Revised Code based on the same	906
conduct involving the same victim that was the basis of the	907
violation of this section, or is convicted of or pleads guilty to	908
any other violation of Chapter 2907. of the Revised Code based on	909
the same conduct involving the same victim that was the basis of	910
the violation of this section, the two offenses are allied	911
offenses of similar import under section 2941.25 of the Revised	912
Code.	913

(E) Evidence of specific instances of the victim's sexual	914
activity, opinion evidence of the victim's sexual activity, and	915
reputation evidence of the victim's sexual activity, shall not be	916
admitted under this section unless it involves evidence of the	917
origin of semen, pregnancy, or disease, or the victim's past	918
sexual activity with the offender, and only to the extent that the	919
court finds that the evidence is material to a fact at issue in	920
the case and that its inflammatory or prejudicial nature does not	921
outweigh its probative value.	922

(F) As used in this division, sexual activity includes both	923
voluntary and involuntary sexual activity.	924

(G) Whoever violates this section is guilty of trafficking in	925
persons, a felony of the first degree. Notwithstanding division	926
(A)(1) of section 2929.14 of the Revised Code, the court shall	927
sentence the offender to a definite prison term of ten, eleven,	928
twelve, thirteen, fourteen, or fifteen years.	929

Sec. 2907.02.  (A)(1) No person shall engage in sexual	930
conduct with another who is not the spouse of the offender or who	931
is the spouse of the offender but is living separate and apart	932
from the offender, when any of the following applies:	933

(a) For the purpose of preventing resistance, the offender	934
substantially impairs the other person's judgment or control by	935
administering any drug, intoxicant, or controlled substance to the	936
other person surreptitiously or by force, threat of force, or	937
deception.	938

(b) The other person is less than thirteen years of age,	939
whether or not the offender knows the age of the other person.	940

(c) The other person's ability to resist or consent is	941
substantially impaired because of a mental or physical condition	942
or because of advanced age, and the offender knows or has	943
reasonable cause to believe that the other person's ability to	944
resist or consent is substantially impaired because of a mental or	945
physical condition or because of advanced age.	946

(2) No person shall engage in sexual conduct with another	947
when the offender purposely compels the other person to submit by	948
force or threat of force.	949

(B) Whoever violates this section is guilty of rape, a felony	950
of the first degree. If the offender under division (A)(1)(a) of	951
this section substantially impairs the other person's judgment or	952
control by administering any controlled substance described in	953
section 3719.41 of the Revised Code to the other person	954
surreptitiously or by force, threat of force, or deception, the	955
prison term imposed upon the offender shall be one of the prison	956
terms prescribed for a felony of the first degree in section	957
2929.14 of the Revised Code that is not less than five years.	958
Except as otherwise provided in this division, notwithstanding	959
sections 2929.11 to 2929.14 of the Revised Code, an offender under	960
division (A)(1)(b) of this section shall be sentenced to a prison	961
term or term of life imprisonment pursuant to section 2971.03 of	962
the Revised Code. If an offender is convicted of or pleads guilty	963
to a violation of division (A)(1)(b) of this section, if the	964
offender was less than sixteen years of age at the time the	965
offender committed the violation of that division, and if the	966
offender during or immediately after the commission of the offense	967
did not cause serious physical harm to the victim, the victim was	968
ten years of age or older at the time of the commission of the	969
violation, and the offender has not previously been convicted of	970
or pleaded guilty to a violation of this section or a	971
substantially similar existing or former law of this state,	972
another state, or the United States, the court shall not sentence	973
the offender to a prison term or term of life imprisonment	974
pursuant to section 2971.03 of the Revised Code, and instead the	975
court shall sentence the offender as otherwise provided in this	976
division. If an offender under division (A)(1)(b) of this section	977
previously has been convicted of or pleaded guilty to violating	978
division (A)(1)(b) of this section or to violating an existing or	979
former law of this state, another state, or the United States that	980
is substantially similar to division (A)(1)(b) of this section, if	981
the offender during or immediately after the commission of the	982
offense caused serious physical harm to the victim, or if the	983
victim under division (A)(1)(b) of this section is less than ten	984
years of age, in lieu of sentencing the offender to a prison term	985
or term of life imprisonment pursuant to section 2971.03 of the	986
Revised Code, the court may impose upon the offender a term of	987
life without parole. If the court imposes a term of life without	988
parole pursuant to this division, division (F) of section 2971.03	989
of the Revised Code applies, and the offender automatically is	990
classified a tier III sex offender/child-victim offender, as	991
described in that division.	992

(C) A victim need not prove physical resistance to the	993
offender in prosecutions under this section.	994

(D)(1) Evidence of specific instances of the victim's sexual	995
activity, opinion evidence of the victim's sexual activity, and	996
reputation evidence of the victim's sexual activity shall not be	997
admitted under this section unless it involves evidence of the	998
origin of semen, pregnancy, or disease, or the victim's past	999
sexual activity with the offender, and only to the extent that the	1000
court finds that the evidence is material to a fact at issue in	1001
the case and that its inflammatory or prejudicial nature does not	1002
outweigh its probative value.	1003

(2) Evidence of specific instances of the defendant's sexual	1004
activity, opinion evidence of the defendant's sexual activity, and	1005
reputation evidence of the defendant's sexual activity shall not	1006
be admitted under this section unless it involves evidence of the	1007
origin of semen, pregnancy, or disease, the defendant's past	1008
sexual activity with the victim, or is admissible against the	1009
defendant under section 2945.59 of the Revised Code, and only to	1010
the extent that the court finds that the evidence is material to a	1011
fact at issue in the case and that its inflammatory or prejudicial	1012
nature does not outweigh its probative value.	1013

(3) As used in division (D)(1) of this section, sexual	1014
activity includes both voluntary and involuntary sexual activity.	1015

(E) Prior to taking testimony or receiving evidence of any	1016
sexual activity of the victim or the defendant in a proceeding	1017
under this section, the court shall resolve the admissibility of	1018
the proposed evidence in a hearing in chambers, which shall be	1019
held at or before preliminary hearing and not less than three days	1020
before trial, or for good cause shown during the trial.	1021

(F) Upon approval by the court, the victim may be represented	1022
by counsel in any hearing in chambers or other proceeding to	1023
resolve the admissibility of evidence. If the victim is indigent	1024
or otherwise is unable to obtain the services of counsel, the	1025
court, upon request, may appoint counsel to represent the victim	1026
without cost to the victim.	1027

(G) It is not a defense to a charge under division (A)(2) of	1028
this section that the offender and the victim were married or were	1029
cohabiting at the time of the commission of the offense.	1030

Sec. 2907.05.  (A) No person shall have sexual contact with	1031
another, not the spouse of the offender; cause another, not the	1032
spouse of the offender, to have sexual contact with the offender;	1033
or cause two or more other persons to have sexual contact when any	1034
of the following applies:	1035

(1) The offender purposely compels the other person, or one	1036
of the other persons, to submit by force or threat of force.	1037

(2) For the purpose of preventing resistance, the offender	1038
substantially impairs the judgment or control of the other person	1039
or of one of the other persons by administering any drug,	1040
intoxicant, or controlled substance to the other person	1041
surreptitiously or by force, threat of force, or deception.	1042

(3) The offender knows that the judgment or control of the	1043
other person or of one of the other persons is substantially	1044
impaired as a result of the influence of any drug or intoxicant	1045
administered to the other person with the other person's consent	1046
for the purpose of any kind of medical or dental examination,	1047
treatment, or surgery.	1048

(4) The other person, or one of the other persons, is less	1049
than thirteen years of age, whether or not the offender knows the	1050
age of that person.	1051

(5) The ability of the other person to resist or consent or	1052
the ability of one of the other persons to resist or consent is	1053
substantially impaired because of a mental or physical condition	1054
or because of advanced age, and the offender knows or has	1055
reasonable cause to believe that the ability to resist or consent	1056
of the other person or of one of the other persons is	1057
substantially impaired because of a mental or physical condition	1058
or because of advanced age.	1059

(B) No person shall knowingly touch the genitalia of another,	1060
when the touching is not through clothing, the other person is	1061
less than twelve years of age, whether or not the offender knows	1062
the age of that person, and the touching is done with an intent to	1063
abuse, humiliate, harass, degrade, or arouse or gratify the sexual	1064
desire of any person.	1065

(C) Whoever violates this section is guilty of gross sexual	1066
imposition.	1067

(1) Except as otherwise provided in this section, gross	1068
sexual imposition committed in violation of division (A)(1), (2),	1069
(3), or (5) of this section is a felony of the fourth degree. If	1070
the offender under division (A)(2) of this section substantially	1071
impairs the judgment or control of the other person or one of the	1072
other persons by administering any controlled substance described	1073
in section 3719.41 of the Revised Code to the person	1074
surreptitiously or by force, threat of force, or deception, gross	1075
sexual imposition committed in violation of division (A)(2) of	1076
this section is a felony of the third degree.	1077

(2) Gross sexual imposition committed in violation of	1078
division (A)(4) or (B) of this section is a felony of the third	1079
degree. Except as otherwise provided in this division, for gross	1080
sexual imposition committed in violation of division (A)(4) or (B)	1081
of this section there is a presumption that a prison term shall be	1082
imposed for the offense. The court shall impose on an offender	1083
convicted of gross sexual imposition in violation of division	1084
(A)(4) or (B) of this section a mandatory prison term equal to one	1085
of the prison terms prescribed in section 2929.14 of the Revised	1086
Code for a felony of the third degree if either of the following	1087
applies:	1088

(a) Evidence other than the testimony of the victim was	1089
admitted in the case corroborating the violation;	1090

(b) The offender previously was convicted of or pleaded	1091
guilty to a violation of this section, rape, the former offense of	1092
felonious sexual penetration, or sexual battery, and the victim of	1093
the previous offense was less than thirteen years of age.	1094

(D) A victim need not prove physical resistance to the	1095
offender in prosecutions under this section.	1096

(E)(1) Evidence of specific instances of the victim's sexual	1097
activity, opinion evidence of the victim's sexual activity, and	1098
reputation evidence of the victim's sexual activity shall not be	1099
admitted under this section unless it involves evidence of the	1100
origin of semen, pregnancy, or disease, or the victim's past	1101
sexual activity with the offender, and only to the extent that the	1102
court finds that the evidence is material to a fact at issue in	1103
the case and that its inflammatory or prejudicial nature does not	1104
outweigh its probative value.	1105

(2) Evidence of specific instances of the defendant's sexual	1106
activity, opinion evidence of the defendant's sexual activity, and	1107
reputation evidence of the defendant's sexual activity shall not	1108
be admitted under this section unless it involves evidence of the	1109
origin of semen, pregnancy, or disease, the defendant's past	1110
sexual activity with the victim, or is admissible against the	1111
defendant under section 2945.59 of the Revised Code, and only to	1112
the extent that the court finds that the evidence is material to a	1113
fact at issue in the case and that its inflammatory or prejudicial	1114
nature does not outweigh its probative value.	1115

(3) As used in division (E)(1) of this section, sexual	1116
activity includes both voluntary and involuntary sexual activity.	1117

(F) Prior to taking testimony or receiving evidence of any	1118
sexual activity of the victim or the defendant in a proceeding	1119
under this section, the court shall resolve the admissibility of	1120
the proposed evidence in a hearing in chambers, which shall be	1121
held at or before preliminary hearing and not less than three days	1122
before trial, or for good cause shown during the trial.	1123

(G) Upon approval by the court, the victim may be represented	1124
by counsel in any hearing in chambers or other proceeding to	1125
resolve the admissibility of evidence. If the victim is indigent	1126
or otherwise is unable to obtain the services of counsel, the	1127
court, upon request, may appoint counsel to represent the victim	1128
without cost to the victim.	1129

Sec. 2907.07.  (A) No person shall solicit a person who is	1130
less than thirteen years of age to engage in sexual activity with	1131
the offender, whether or not the offender knows the age of such	1132
person.	1133

(B)(1) No person shall solicit another, not the spouse of the	1134
offender, to engage in sexual conduct with the offender, when the	1135
offender is eighteen years of age or older and four or more years	1136
older than the other person, and the other person is thirteen	1137
years of age or older but less than sixteen years of age, whether	1138
or not the offender knows the age of the other person.	1139

(2) No person shall solicit another, not the spouse of the	1140
offender, to engage in sexual conduct with the offender, when the	1141
offender is eighteen years of age or older and four or more years	1142
older than the other person, and the other person is sixteen or	1143
seventeen years of age and a victim of a violation of section	1144
2905.32 of the Revised Code, andwhether or not the offender knows	1145
or has reckless disregard of the age of the other person or the	1146
other person is an individual with a developmental disability.	1147

(C) No person shall solicit another by means of a	1148
telecommunications device, as defined in section 2913.01 of the	1149
Revised Code, to engage in sexual activity with the offender when	1150
the offender is eighteen years of age or older and either of the	1151
following applies:	1152

(1) The other person is less than thirteen years of age, and	1153
the offender knows that the other person is less than thirteen	1154
years of age or is reckless in that regard.	1155

(2) The other person is a law enforcement officer posing as a	1156
person who is less than thirteen years of age, and the offender	1157
believes that the other person is less than thirteen years of age	1158
or is reckless in that regard.	1159

(D) No person shall solicit another by means of a	1160
telecommunications device, as defined in section 2913.01 of the	1161
Revised Code, to engage in sexual activity with the offender when	1162
the offender is eighteen years of age or older and either of the	1163
following applies:	1164

(1) The other person is thirteen years of age or older but	1165
less than sixteen years of age, the offender knows that the other	1166
person is thirteen years of age or older but less than sixteen	1167
years of age or is reckless in that regard, and the offender is	1168
four or more years older than the other person.	1169

(2) The other person is a law enforcement officer posing as a	1170
person who is thirteen years of age or older but less than sixteen	1171
years of age, the offender believes that the other person is	1172
thirteen years of age or older but less than sixteen years of age	1173
or is reckless in that regard, and the offender is four or more	1174
years older than the age the law enforcement officer assumes in	1175
posing as the person who is thirteen years of age or older but	1176
less than sixteen years of age.	1177

(E) Divisions (C) and (D) of this section apply to any	1178
solicitation that is contained in a transmission via a	1179
telecommunications device that either originates in this state or	1180
is received in this state.	1181

(F)(1) Whoever violates this section is guilty of	1182
importuning.	1183

(2) Except as otherwise provided in this division, a	1184
violation of division (A) or (C) of this section is a felony of	1185
the third degree on a first offense, and, notwithstanding division	1186
(C) of section 2929.13 of the Revised Code, there is a presumption	1187
that a prison term shall be imposed as described in division (D)	1188
of section 2929.13 of the Revised Code. If the offender previously	1189
has been convicted of a sexually oriented offense or a	1190
child-victim oriented offense, a violation of division (A) or (C)	1191
of this section is a felony of the second degree, and the court	1192
shall impose upon the offender as a mandatory prison term one of	1193
the prison terms prescribed in section 2929.14 of the Revised Code	1194
for a felony of the second degree.	1195

(3) A violation of division (B) or (D) of this section is a	1196
felony of the fifth degree on a first offense, and,	1197
notwithstanding division (B) of section 2929.13 of the Revised	1198
Code, there is a presumption that a prison term shall be imposed	1199
as described in division (D) of section 2929.13 of the Revised	1200
Code. If the offender previously has been convicted of a sexually	1201
oriented offense or a child-victim oriented offense, a violation	1202
of division (B) or (D) of this section is a felony of the fourth	1203
degree, and the court shall impose upon the offender as a	1204
mandatory prison term one of the prison terms prescribed in	1205
section 2929.14 of the Revised Code for a felony of the fourth	1206
degree that is not less than twelve months in duration.	1207

Sec. 2907.19. (A) As used in this section:

1208

(1) "Advertisement for sexual activity for hire" or	1209
"advertisement" means any advertisement or offer in electronic or	1210
print media that includes an explicit or implicit offer for sexual	1211
activity for hire to occur in this state.	1212

(2) "Depiction" means any photograph, film, videotape, visual	1213
material, or printed material.	1214

(3) "Person" has the same meaning as in section 1.59 of the	1215
Revised Code.	1216

(B) No person shall knowingly purchase advertising space for	1217
an advertisement for sexual activity for hire that includes a	1218
depiction of a minor.	1219

(C) Whoever violates this section is guilty of commercial	1220
sexual exploitation of a minor, a felony of the second degree.	1221

(D)(1) In any prosecution under this section, it is not a	1222
defense that the offender did not know the age of the person	1223
depicted in the advertisement, relied on an oral or written	1224
representation of the age of the person depicted in the	1225
advertisement, or relied on the apparent age of the person	1226
depicted in the advertisement.	1227

(2) In any prosecution under this section, it is an	1228
affirmative defense that the offender, prior to purchasing	1229
advertising space for the advertisement, made a reasonable bona	1230
fide attempt to ascertain the true age of the person depicted in	1231
the advertisement by requiring the person depicted in the	1232
advertisement to produce a driver's license, marriage license,	1233
birth certificate, or other government issued or school issued	1234
document that identifies the age of the person, provided the	1235
offender retains and produces a copy or other record of the	1236
driver's license, marriage license, birth certificate, or other	1237
document used to ascertain the age of the person depicted in the	1238
advertisement.	1239

Sec. 2907.22.  (A) No person shall knowingly:

1240

(1) Establish, maintain, operate, manage, supervise, control,	1241
or have an interest in a brothel or any other enterprise that	1242
through electronic means promotes or facilitates sexual activity	1243
for hire;	1244

(2) Supervise, manage, or control the activities of a	1245
prostitute in engaging in sexual activity for hire;	1246

(3) Transport another, or cause another to be transported	1247
across the boundary of this state or of any county in this state,	1248
in order to facilitate the other person's engaging in sexual	1249
activity for hire;	1250

(4) For the purpose of violating or facilitating a violation	1251
of this section, induce or procure another to engage in sexual	1252
activity for hire.	1253

(B) Whoever violates this section is guilty of promoting	1254
prostitution. Except as otherwise provided in this division,	1255
promoting prostitution is a felony of the fourth degree. If any	1256
prostitute in the brothel involved in the offense, or the	1257
prostitute whose activities are supervised, managed, or controlled	1258
by the offender, or the person transported, induced, or procured	1259
by the offender to engage in sexual activity for hire, is a minor,	1260
whether or not the offender knows the age of the minor, then	1261
promoting prostitution is a felony of the third degree. If the	1262
offender in any case also is convicted of or pleads guilty to a	1263
specification as described in section 2941.1422 of the Revised	1264
Code that was included in the indictment, count in the indictment,	1265
or information charging the offense, the court shall sentence the	1266
offender to a mandatory prison term as provided in division (B)(7)	1267
of section 2929.14 of the Revised Code and shall order the	1268
offender to make restitution as provided in division (B)(8) of	1269
section 2929.18 of the Revised Code.	1270

Sec. 2907.24.  (A)(1) No person shall solicit another who is	1271
eighteen years of age or older to engage with such other person in	1272
sexual activity for hire.	1273

(2) No person shall solicit another who is less than eighteen	1274
years of age or is an individual with a developmental disability	1275
to engage with such other person in sexual activity for hire.	1276

(B) No person, with knowledge that the person has tested	1277
positive as a carrier of a virus that causes acquired	1278
immunodeficiency syndrome, shall engage in conduct in violation of	1279
division (A) of this section.	1280

(C)(1) Whoever violates division (A) of this section is	1281
guilty of soliciting,. A violation of division (A)(1) of this	1282
section is a misdemeanor of the third degree. A violation of	1283
division (A)(2) of this section is a felony of the second degree.	1284

(2) Whoever violates division (B) of this section is guilty	1285
of engaging in solicitation after a positive HIV test. If the	1286
offender commits the violation prior to July 1, 1996, engaging in	1287
solicitation after a positive HIV test is a felony of the second	1288
degree. If the offender commits the violation on or after July 1,	1289
1996, engaging in solicitation after a positive HIV test is a	1290
felony of the third degree.	1291

(D) If a person is convicted of or pleads guilty to a	1292
violation of any provision of this section, an attempt to commit a	1293
violation of any provision of this section, or a violation of or	1294
an attempt to commit a violation of a municipal ordinance that is	1295
substantially equivalent to any provision of this section and if	1296
the person, in committing or attempting to commit the violation,	1297
was in, was on, or used a motor vehicle, the court, in addition to	1298
or independent of all other penalties imposed for the violation,	1299
may impose upon the offender a class six suspension of the	1300
person's driver's license, commercial driver's license, temporary	1301
instruction permit, probationary license, or nonresident operating	1302
privilege from the range specified in division (A)(6) of section	1303
4510.02 of the Revised Code. In lieu of imposing upon the offender	1304
the class six suspension, the court instead may require the	1305
offender to perform community service for a number of hours	1306
determined by the court.	1307

(E) As used in this section, "sexually oriented offense" and	1308
"child-victim oriented offense" have the same meanings as in	1309
section 2950.01 of the Revised Code.	1310

Sec. 2907.242. If a person is arrested and charged with a	1311
violation of section 2907.24 of the Revised Code, the court shall	1312
send, within ten days of the offender's first appearance in court,	1313
a written notification by regular mail to the spouse of the	1314
offender stating that the offender was arrested and charged with a	1315
violation of section 2907.24 of the Revised Code. Upon the	1316
offender's first appearance in court, the offender shall give the	1317
court the offender's marital status and mailing address.	1318

Sec. 2929.01.  As used in this chapter:

1319

(A)(1) "Alternative residential facility" means, subject to	1320
division (A)(2) of this section, any facility other than an	1321
offender's home or residence in which an offender is assigned to	1322
live and that satisfies all of the following criteria:	1323

(a) It provides programs through which the offender may seek	1324
or maintain employment or may receive education, training,	1325
treatment, or habilitation.	1326

(b) It has received the appropriate license or certificate	1327
for any specialized education, training, treatment, habilitation,	1328
or other service that it provides from the government agency that	1329
is responsible for licensing or certifying that type of education,	1330
training, treatment, habilitation, or service.	1331

(2) "Alternative residential facility" does not include a	1332
community-based correctional facility, jail, halfway house, or	1333
prison.	1334

(B) "Basic probation supervision" means a requirement that	1335
the offender maintain contact with a person appointed to supervise	1336
the offender in accordance with sanctions imposed by the court or	1337
imposed by the parole board pursuant to section 2967.28 of the	1338
Revised Code. "Basic probation supervision" includes basic parole	1339
supervision and basic post-release control supervision.	1340

(C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the	1341
same meanings as in section 2925.01 of the Revised Code.	1342

(D) "Community-based correctional facility" means a	1343
community-based correctional facility and program or district	1344
community-based correctional facility and program developed	1345
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	1346

(E) "Community control sanction" means a sanction that is not	1347
a prison term and that is described in section 2929.15, 2929.16,	1348
2929.17, or 2929.18 of the Revised Code or a sanction that is not	1349
a jail term and that is described in section 2929.26, 2929.27, or	1350
2929.28 of the Revised Code. "Community control sanction" includes	1351
probation if the sentence involved was imposed for a felony that	1352
was committed prior to July 1, 1996, or if the sentence involved	1353
was imposed for a misdemeanor that was committed prior to January	1354
1, 2004.	1355

(F) "Controlled substance," "marihuana," "schedule I," and	1356
"schedule II" have the same meanings as in section 3719.01 of the	1357
Revised Code.	1358

(G) "Curfew" means a requirement that an offender during a	1359
specified period of time be at a designated place.	1360

(H) "Day reporting" means a sanction pursuant to which an	1361
offender is required each day to report to and leave a center or	1362
other approved reporting location at specified times in order to	1363
participate in work, education or training, treatment, and other	1364
approved programs at the center or outside the center.	1365

(I) "Deadly weapon" has the same meaning as in section	1366
2923.11 of the Revised Code.	1367

(J) "Drug and alcohol use monitoring" means a program under	1368
which an offender agrees to submit to random chemical analysis of	1369
the offender's blood, breath, or urine to determine whether the	1370
offender has ingested any alcohol or other drugs.	1371

(K) "Drug treatment program" means any program under which a	1372
person undergoes assessment and treatment designed to reduce or	1373
completely eliminate the person's physical or emotional reliance	1374
upon alcohol, another drug, or alcohol and another drug and under	1375
which the person may be required to receive assessment and	1376
treatment on an outpatient basis or may be required to reside at a	1377
facility other than the person's home or residence while	1378
undergoing assessment and treatment.	1379

(L) "Economic loss" means any economic detriment suffered by	1380
a victim as a direct and proximate result of the commission of an	1381
offense and includes any loss of income due to lost time at work	1382
because of any injury caused to the victim, and any property loss,	1383
medical cost, or funeral expense incurred as a result of the	1384
commission of the offense. "Economic loss" does not include	1385
non-economic loss or any punitive or exemplary damages.	1386

(M) "Education or training" includes study at, or in	1387
conjunction with a program offered by, a university, college, or	1388
technical college or vocational study and also includes the	1389
completion of primary school, secondary school, and literacy	1390
curricula or their equivalent.	1391

(N) "Firearm" has the same meaning as in section 2923.11 of	1392
the Revised Code.	1393

(O) "Halfway house" means a facility licensed by the division	1394
of parole and community services of the department of	1395
rehabilitation and correction pursuant to section 2967.14 of the	1396
Revised Code as a suitable facility for the care and treatment of	1397
adult offenders.	1398

(P) "House arrest" means a period of confinement of an	1399
offender that is in the offender's home or in other premises	1400
specified by the sentencing court or by the parole board pursuant	1401
to section 2967.28 of the Revised Code and during which all of the	1402
following apply:	1403

(1) The offender is required to remain in the offender's home	1404
or other specified premises for the specified period of	1405
confinement, except for periods of time during which the offender	1406
is at the offender's place of employment or at other premises as	1407
authorized by the sentencing court or by the parole board.	1408

(2) The offender is required to report periodically to a	1409
person designated by the court or parole board.	1410

(3) The offender is subject to any other restrictions and	1411
requirements that may be imposed by the sentencing court or by the	1412
parole board.	1413

(Q) "Intensive probation supervision" means a requirement	1414
that an offender maintain frequent contact with a person appointed	1415
by the court, or by the parole board pursuant to section 2967.28	1416
of the Revised Code, to supervise the offender while the offender	1417
is seeking or maintaining necessary employment and participating	1418
in training, education, and treatment programs as required in the	1419
court's or parole board's order. "Intensive probation supervision"	1420
includes intensive parole supervision and intensive post-release	1421
control supervision.	1422

(R) "Jail" means a jail, workhouse, minimum security jail, or	1423
other residential facility used for the confinement of alleged or	1424
convicted offenders that is operated by a political subdivision or	1425
a combination of political subdivisions of this state.	1426

(S) "Jail term" means the term in a jail that a sentencing	1427
court imposes or is authorized to impose pursuant to section	1428
2929.24 or 2929.25 of the Revised Code or pursuant to any other	1429
provision of the Revised Code that authorizes a term in a jail for	1430
a misdemeanor conviction.	1431

(T) "Mandatory jail term" means the term in a jail that a	1432
sentencing court is required to impose pursuant to division (G) of	1433
section 1547.99 of the Revised Code, division (E) of section	1434
2903.06 or division (D) of section 2903.08 of the Revised Code,	1435
division (E) or (G) of section 2929.24 of the Revised Code,	1436
division (B) of section 4510.14 of the Revised Code, or division	1437
(G) of section 4511.19 of the Revised Code or pursuant to any	1438
other provision of the Revised Code that requires a term in a jail	1439
for a misdemeanor conviction.	1440

(U) "Delinquent child" has the same meaning as in section	1441
2152.02 of the Revised Code.	1442

(V) "License violation report" means a report that is made by	1443
a sentencing court, or by the parole board pursuant to section	1444
2967.28 of the Revised Code, to the regulatory or licensing board	1445
or agency that issued an offender a professional license or a	1446
license or permit to do business in this state and that specifies	1447
that the offender has been convicted of or pleaded guilty to an	1448
offense that may violate the conditions under which the offender's	1449
professional license or license or permit to do business in this	1450
state was granted or an offense for which the offender's	1451
professional license or license or permit to do business in this	1452
state may be revoked or suspended.	1453

(W) "Major drug offender" means an offender who is convicted	1454
of or pleads guilty to the possession of, sale of, or offer to	1455
sell any drug, compound, mixture, preparation, or substance that	1456
consists of or contains at least one thousand grams of hashish; at	1457
least one hundred grams of cocaine; at least two thousand five	1458
hundred unit doses or two hundred fifty grams of heroin; at least	1459
five thousand unit doses of L.S.D. or five hundred grams of L.S.D.	1460
in a liquid concentrate, liquid extract, or liquid distillate	1461
form; at least fifty grams of a controlled substance analog; or at	1462
least one hundred times the amount of any other schedule I or II	1463
controlled substance other than marihuana that is necessary to	1464
commit a felony of the third degree pursuant to section 2925.03,	1465
2925.04, 2925.05, or 2925.11 of the Revised Code that is based on	1466
the possession of, sale of, or offer to sell the controlled	1467
substance.	1468

(X) "Mandatory prison term" means any of the following:

1469

(1) Subject to division (X)(2) of this section, the term in	1470
prison that must be imposed for the offenses or circumstances set	1471
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	1472
2929.13 and division (B) of section 2929.14 of the Revised Code.	1473
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	1474
and 2925.11 of the Revised Code, unless the maximum or another	1475
specific term is required under section 2929.14 or 2929.142 of the	1476
Revised Code, a mandatory prison term described in this division	1477
may be any prison term authorized for the level of offense.	1478

(2) The term of sixty or one hundred twenty days in prison	1479
that a sentencing court is required to impose for a third or	1480
fourth degree felony OVI offense pursuant to division (G)(2) of	1481
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	1482
of the Revised Code or the term of one, two, three, four, or five	1483
years in prison that a sentencing court is required to impose	1484
pursuant to division (G)(2) of section 2929.13 of the Revised	1485
Code.	1486

(3) The term in prison imposed pursuant to division (A) of	1487
section 2971.03 of the Revised Code for the offenses and in the	1488
circumstances described in division (F)(11) of section 2929.13 of	1489
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	1490
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	1491
2971.03 of the Revised Code and that term as modified or	1492
terminated pursuant to section 2971.05 of the Revised Code.	1493

(Y) "Monitored time" means a period of time during which an	1494
offender continues to be under the control of the sentencing court	1495
or parole board, subject to no conditions other than leading a	1496
law-abiding life.	1497

(Z) "Offender" means a person who, in this state, is	1498
convicted of or pleads guilty to a felony or a misdemeanor.	1499

(AA) "Prison" means a residential facility used for the	1500
confinement of convicted felony offenders that is under the	1501
control of the department of rehabilitation and correction but	1502
does not include a violation sanction center operated under	1503
authority of section 2967.141 of the Revised Code.	1504

(BB) "Prison term" includes either of the following sanctions	1505
for an offender:	1506

(1) A stated prison term;

1507

(2) A term in a prison shortened by, or with the approval of,	1508
the sentencing court pursuant to section 2929.143, 2929.20,	1509
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.	1510

(CC) "Repeat violent offender" means a person about whom both	1511
of the following apply:	1512

(1) The person is being sentenced for committing or for	1513
complicity in committing any of the following:	1514

(a) Aggravated murder, murder, any felony of the first or	1515
second degree that is an offense of violence, or an attempt to	1516
commit any of these offenses if the attempt is a felony of the	1517
first or second degree;	1518

(b) An offense under an existing or former law of this state,	1519
another state, or the United States that is or was substantially	1520
equivalent to an offense described in division (CC)(1)(a) of this	1521
section.	1522

(2) The person previously was convicted of or pleaded guilty	1523
to an offense described in division (CC)(1)(a) or (b) of this	1524
section.	1525

(DD) "Sanction" means any penalty imposed upon an offender	1526
who is convicted of or pleads guilty to an offense, as punishment	1527
for the offense. "Sanction" includes any sanction imposed pursuant	1528
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	1529
2929.28 of the Revised Code.	1530

(EE) "Sentence" means the sanction or combination of	1531
sanctions imposed by the sentencing court on an offender who is	1532
convicted of or pleads guilty to an offense.	1533

(FF) "Stated prison term" means the prison term, mandatory	1534
prison term, or combination of all prison terms and mandatory	1535
prison terms imposed by the sentencing court pursuant to section	1536
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	1537
2919.25 of the Revised Code. "Stated prison term" includes any	1538
credit received by the offender for time spent in jail awaiting	1539
trial, sentencing, or transfer to prison for the offense and any	1540
time spent under house arrest or house arrest with electronic	1541
monitoring imposed after earning credits pursuant to section	1542
2967.193 of the Revised Code. If an offender is serving a prison	1543
term as a risk reduction sentence under sections 2929.143 and	1544
5120.036 of the Revised Code, "stated prison term" includes any	1545
period of time by which the prison term imposed upon the offender	1546
is shortened by the offender's successful completion of all	1547
assessment and treatment or programming pursuant to those	1548
sections.	1549

(GG) "Victim-offender mediation" means a reconciliation or	1550
mediation program that involves an offender and the victim of the	1551
offense committed by the offender and that includes a meeting in	1552
which the offender and the victim may discuss the offense, discuss	1553
restitution, and consider other sanctions for the offense.	1554

(HH) "Fourth degree felony OVI offense" means a violation of	1555
division (A) of section 4511.19 of the Revised Code that, under	1556
division (G) of that section, is a felony of the fourth degree.	1557

(II) "Mandatory term of local incarceration" means the term	1558
of sixty or one hundred twenty days in a jail, a community-based	1559
correctional facility, a halfway house, or an alternative	1560
residential facility that a sentencing court may impose upon a	1561
person who is convicted of or pleads guilty to a fourth degree	1562
felony OVI offense pursuant to division (G)(1) of section 2929.13	1563
of the Revised Code and division (G)(1)(d) or (e) of section	1564
4511.19 of the Revised Code.	1565

(JJ) "Designated homicide, assault, or kidnapping offense,"	1566
"violent sex offense," "sexual motivation specification,"	1567
"sexually violent offense," "sexually violent predator," and	1568
"sexually violent predator specification" have the same meanings	1569
as in section 2971.01 of the Revised Code.	1570

(KK) "Sexually oriented offense," "child-victim oriented	1571
offense," and "tier III sex offender/child-victim offender" have	1572
the same meanings as in section 2950.01 of the Revised Code.	1573

(LL) An offense is "committed in the vicinity of a child" if	1574
the offender commits the offense within thirty feet of or within	1575
the same residential unit as a child who is under eighteen years	1576
of age, regardless of whether the offender knows the age of the	1577
child or whether the offender knows the offense is being committed	1578
within thirty feet of or within the same residential unit as the	1579
child and regardless of whether the child actually views the	1580
commission of the offense.	1581

(MM) "Family or household member" has the same meaning as in	1582
section 2919.25 of the Revised Code.	1583

(NN) "Motor vehicle" and "manufactured home" have the same	1584
meanings as in section 4501.01 of the Revised Code.	1585

(OO) "Detention" and "detention facility" have the same	1586
meanings as in section 2921.01 of the Revised Code.	1587

(PP) "Third degree felony OVI offense" means a violation of	1588
division (A) of section 4511.19 of the Revised Code that, under	1589
division (G) of that section, is a felony of the third degree.	1590

(QQ) "Random drug testing" has the same meaning as in section	1591
5120.63 of the Revised Code.	1592

(RR) "Felony sex offense" has the same meaning as in section	1593
2967.28 of the Revised Code.	1594

(SS) "Body armor" has the same meaning as in section	1595
2941.1411 of the Revised Code.	1596

(TT) "Electronic monitoring" means monitoring through the use	1597
of an electronic monitoring device.	1598

(UU) "Electronic monitoring device" means any of the	1599
following:	1600

(1) Any device that can be operated by electrical or battery	1601
power and that conforms with all of the following:	1602

(a) The device has a transmitter that can be attached to a	1603
person, that will transmit a specified signal to a receiver of the	1604
type described in division (UU)(1)(b) of this section if the	1605
transmitter is removed from the person, turned off, or altered in	1606
any manner without prior court approval in relation to electronic	1607
monitoring or without prior approval of the department of	1608
rehabilitation and correction in relation to the use of an	1609
electronic monitoring device for an inmate on transitional control	1610
or otherwise is tampered with, that can transmit continuously and	1611
periodically a signal to that receiver when the person is within a	1612
specified distance from the receiver, and that can transmit an	1613
appropriate signal to that receiver if the person to whom it is	1614
attached travels a specified distance from that receiver.	1615

(b) The device has a receiver that can receive continuously	1616
the signals transmitted by a transmitter of the type described in	1617
division (UU)(1)(a) of this section, can transmit continuously	1618
those signals by a wireless or landline telephone connection to a	1619
central monitoring computer of the type described in division	1620
(UU)(1)(c) of this section, and can transmit continuously an	1621
appropriate signal to that central monitoring computer if the	1622
device has been turned off or altered without prior court approval	1623
or otherwise tampered with. The device is designed specifically	1624
for use in electronic monitoring, is not a converted wireless	1625
phone or another tracking device that is clearly not designed for	1626
electronic monitoring, and provides a means of text-based or voice	1627
communication with the person.	1628

(c) The device has a central monitoring computer that can	1629
receive continuously the signals transmitted by a wireless or	1630
landline telephone connection by a receiver of the type described	1631
in division (UU)(1)(b) of this section and can monitor	1632
continuously the person to whom an electronic monitoring device of	1633
the type described in division (UU)(1)(a) of this section is	1634
attached.	1635

(2) Any device that is not a device of the type described in	1636
division (UU)(1) of this section and that conforms with all of the	1637
following:	1638

(a) The device includes a transmitter and receiver that can	1639
monitor and determine the location of a subject person at any	1640
time, or at a designated point in time, through the use of a	1641
central monitoring computer or through other electronic means.	1642

(b) The device includes a transmitter and receiver that can	1643
determine at any time, or at a designated point in time, through	1644
the use of a central monitoring computer or other electronic means	1645
the fact that the transmitter is turned off or altered in any	1646
manner without prior approval of the court in relation to the	1647
electronic monitoring or without prior approval of the department	1648
of rehabilitation and correction in relation to the use of an	1649
electronic monitoring device for an inmate on transitional control	1650
or otherwise is tampered with.	1651

(3) Any type of technology that can adequately track or	1652
determine the location of a subject person at any time and that is	1653
approved by the director of rehabilitation and correction,	1654
including, but not limited to, any satellite technology, voice	1655
tracking system, or retinal scanning system that is so approved.	1656

(VV) "Non-economic loss" means nonpecuniary harm suffered by	1657
a victim of an offense as a result of or related to the commission	1658
of the offense, including, but not limited to, pain and suffering;	1659
loss of society, consortium, companionship, care, assistance,	1660
attention, protection, advice, guidance, counsel, instruction,	1661
training, or education; mental anguish; and any other intangible	1662
loss.	1663

(WW) "Prosecutor" has the same meaning as in section 2935.01	1664
of the Revised Code.	1665

(XX) "Continuous alcohol monitoring" means the ability to	1666
automatically test and periodically transmit alcohol consumption	1667
levels and tamper attempts at least every hour, regardless of the	1668
location of the person who is being monitored.	1669

(YY) A person is "adjudicated a sexually violent predator" if	1670
the person is convicted of or pleads guilty to a violent sex	1671
offense and also is convicted of or pleads guilty to a sexually	1672
violent predator specification that was included in the	1673
indictment, count in the indictment, or information charging that	1674
violent sex offense or if the person is convicted of or pleads	1675
guilty to a designated homicide, assault, or kidnapping offense	1676
and also is convicted of or pleads guilty to both a sexual	1677
motivation specification and a sexually violent predator	1678
specification that were included in the indictment, count in the	1679
indictment, or information charging that designated homicide,	1680
assault, or kidnapping offense.	1681

(ZZ) An offense is "committed in proximity to a school" if	1682
the offender commits the offense in a school safety zone or within	1683
five hundred feet of any school building or the boundaries of any	1684
school premises, regardless of whether the offender knows the	1685
offense is being committed in a school safety zone or within five	1686
hundred feet of any school building or the boundaries of any	1687
school premises.	1688

(AAA) "Human trafficking" means a scheme or plan to which all	1689
of the following apply:	1690

(1) Its object is to subject a victim or victims to	1691
involuntary servitude, as defined in section 2905.31 of the	1692
Revised Code, to compel a victim who is not a minor or victims who	1693
are not minors to engage in sexual activity for hire, to engage in	1694
a performance that is obscene, sexually oriented, or nudity	1695
oriented, or to be a model or participant in the production of	1696
material that is obscene, sexually oriented, or nudity oriented,	1697
or to facilitate, permit, encourage, or recruit a victim who is a	1698
minor or victims who are minors to engage in sexual activity for	1699
hire, to engage in a performance that is obscene, sexually	1700
oriented, or nudity oriented, or to be a model or participant in	1701
the production of material that is obscene, sexually oriented, or	1702
nudity oriented.	1703

(2) It involves at least two felony offenses, whether or not	1704
there has been a prior conviction for any of the felony offenses,	1705
to which all of the following apply:	1706

(a) Each of the felony offenses is a violation of section	1707
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	1708
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	1709
(4), or (5) of section 2919.22 of the Revised Code or is a	1710
violation of a law of any state other than this state that is	1711
substantially similar to any of the sections or divisions of the	1712
Revised Code identified in this division.	1713

(b) At least one of the felony offenses was committed in this	1714
state.	1715

(c) The felony offenses are related to the same scheme or	1716
plan and are not isolated instances.	1717

(BBB) "Material," "nudity," "obscene," "performance," and	1718
"sexual activity" have the same meanings as in section 2907.01 of	1719
the Revised Code.	1720

(CCC) "Material that is obscene, sexually oriented, or nudity	1721
oriented" means any material that is obscene, that shows a person	1722
participating or engaging in sexual activity, masturbation, or	1723
bestiality, or that shows a person in a state of nudity.	1724

(DDD) "Performance that is obscene, sexually oriented, or	1725
nudity oriented" means any performance that is obscene, that shows	1726
a person participating or engaging in sexual activity,	1727
masturbation, or bestiality, or that shows a person in a state of	1728
nudity.	1729

Sec. 2937.11.  (A)(1) As used in divisions (B) and (C) of	1730
this section, "victim" includes any person who was a victim of a	1731
felony violation identified in division (B) of this section or a	1732
felony offense of violence or against whom was directed any	1733
conduct that constitutes, or that is an element of, a felony	1734
violation identified in division (B) of this section or a felony	1735
offense of violence.	1736

(2) As used in division (D) of this section, "victim"	1737
includes any person who was a victim of a violation of section	1738
2905.32 of the Revised Code or against whom was directed any	1739
conduct that constitutes, or is an element of, a violation of	1740
section 2905.32 of the Revised Code.	1741

(3) At the preliminary hearing set pursuant to section	1742
2937.10 of the Revised Code and the Criminal Rules, the prosecutor	1743
may state, but is not required to state, orally the case for the	1744
state and shall then proceed to examine witnesses and introduce	1745
exhibits for the state. The accused and the magistrate have full	1746
right of cross examination, and the accused has the right of	1747
inspection of exhibits prior to their introduction. The hearing	1748
shall be conducted under the rules of evidence prevailing in	1749
criminal trials generally. On motion of either the state or the	1750
accused, witnesses shall be separated and not permitted in the	1751
hearing room except when called to testify.	1752

(B) In a case involving an alleged felony violation of	1753
section 2905.05, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05,	1754
2907.21, 2907.24, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1755
or 2919.22 of the Revised Code or an alleged felony offense of	1756
violence and in which an alleged victim of the alleged violation	1757
or offense was less than thirteen years of age when the complaint	1758
or information was filed, whichever occurred earlier, upon motion	1759
of the prosecution, the testimony of the child victim at the	1760
preliminary hearing may be taken in a room other than the room in	1761
which the preliminary hearing is being conducted and be televised,	1762
by closed circuit equipment, into the room in which the	1763
preliminary hearing is being conducted, in accordance with	1764
division (C) of section 2945.481 of the Revised Code.	1765

(C) In a case involving an alleged felony violation listed in	1766
division (B) of this section or an alleged felony offense of	1767
violence and in which an alleged victim of the alleged violation	1768
or offense was less than thirteen years of age when the complaint	1769
or information was filed, whichever occurred earlier, the court,	1770
on written motion of the prosecutor in the case filed at least	1771
three days prior to the hearing, shall order that all testimony of	1772
the child victim be recorded and preserved on videotape, in	1773
addition to being recorded for purposes of the transcript of the	1774
proceeding. If such an order is issued, it shall specifically	1775
identify the child victim concerning whose testimony it pertains,	1776
apply only during the testimony of the child victim it	1777
specifically identifies, and apply to all testimony of the child	1778
victim presented at the hearing, regardless of whether the child	1779
victim is called as a witness by the prosecution or by the	1780
defense.	1781

(D)(1)(a) In a case involving an alleged violation of section	1782
2905.32 of the Revised Code, upon motion of the prosecution, the	1783
testimony of the victim at the preliminary hearing may be taken in	1784
a place or room other than the room in which the preliminary	1785
hearing is being conducted and be televised, by closed circuit	1786
equipment, into the room in which the preliminary hearing is being	1787
conducted, to be viewed by the accused and any other persons who	1788
are not permitted in the room in which the testimony is to be	1789
taken but who would have been present during the testimony of the	1790
victim had it been given in the room in which the preliminary	1791
hearing is being conducted. Except for good cause shown, the	1792
prosecution shall file a motion under this division at least seven	1793
days before the date of the preliminary hearing.	1794

(b) Upon the motion of the prosecution filed under division	1795
(D)(1)(a) of this section and if the judge or magistrate	1796
determines that the victim is unavailable to testify in the room	1797
in which the preliminary hearing is being conducted in the	1798
physical presence of the accused for one or more of the reasons	1799
set forth in division (D)(2) of this section, the judge or	1800
magistrate may issue an order for the testimony of the victim to	1801
be taken in a place or room other than the room in which the	1802
preliminary hearing is being conducted and televised, by closed	1803
circuit equipment, into the room in which the preliminary hearing	1804
is being conducted. If a judge or magistrate issues an order of	1805
that nature, the judge or magistrate shall exclude from the room	1806
in which the testimony of the victim is to be taken every person	1807
except the following:	1808

(i) The victim giving the testimony;

1809

(ii) The judge or magistrate;

1810

(iii) One or more interpreters if needed;

1811

(iv) The attorneys for the prosecution and the defense;

1812

(v) Any person needed to operate the equipment to be used;

1813

(vi) One person chosen by the victim giving the testimony;

1814

(vii) Any person whose presence the judge or magistrate	1815
determines would contribute to the welfare and well-being of the	1816
victim giving the testimony.	1817

(c) The person chosen by the victim under division	1818
(D)(1)(b)(vi) of this section shall not be a witness in the	1819
preliminary hearing and, both before and during the testimony,	1820
shall not discuss the testimony of the victim with any other	1821
witness in the preliminary hearing.	1822

(d) The judge or magistrate, at the judge's or magistrate's	1823
discretion, may preside during the giving of the testimony by	1824
electronic means from outside the room in which it is being given,	1825
subject to the limitations set forth in this division. If the	1826
judge or magistrate presides by electronic means, the judge or	1827
magistrate shall be provided with monitors on which the judge or	1828
magistrate can see each person in the room in which the testimony	1829
is to be taken and with an electronic means of communication with	1830
each person, and each person in the room shall be provided with a	1831
monitor on which that person can see the judge or magistrate and	1832
with an electronic means of communication with the judge or	1833
magistrate. To the extent feasible, any person operating the	1834
televising equipment shall be restricted to a room adjacent to the	1835
room in which the testimony is being taken, or to a location in	1836
the room in which the testimony is being taken that is behind a	1837
screen or mirror, so that the person operating the televising	1838
equipment can see and hear, but cannot be seen or heard by, the	1839
victim giving the testimony during the testimony. The accused	1840
shall be permitted to observe and hear the testimony of the victim	1841
giving the testimony on a monitor, shall be provided with an	1842
electronic means of immediate communication with the attorney of	1843
the accused during the testimony, and shall be restricted to a	1844
location from which the accused cannot be seen or heard by the	1845
victim giving the testimony, except on a monitor provided for that	1846
purpose. The accused and the judge or magistrate have full right	1847
of cross examination, and the accused has the right of inspection	1848
of exhibits prior to their introduction. The victim giving the	1849
testimony shall be provided with a monitor on which the victim can	1850
observe the accused during the testimony.	1851

(2) For purposes of division (D)(1) of this section, a judge	1852
or magistrate may order the testimony of a victim to be taken at a	1853
place or room outside the room in which the preliminary hearing is	1854
being conducted if the judge or magistrate determines that the	1855
victim is unavailable to testify in the room in the physical	1856
presence of the accused due to one or more of the following:	1857

(a) The inability of the victim to communicate about the	1858
alleged offense because of extreme fear, severe trauma, or another	1859
similar reason;	1860

(b) The substantial likelihood that the victim will suffer	1861
serious emotional trauma from so testifying;	1862

(c) The victim is at a hospital for care and treatment for	1863
any physical, mental, or emotional injury suffered by reason of	1864
the alleged offense.	1865

Sec. 2950.01. As used in this chapter, unless the context	1866
clearly requires otherwise:	1867

(A) "Sexually oriented offense" means any of the following	1868
violations or offenses committed by a person, regardless of the	1869
person's age:	1870

(1) A violation of section 2907.02, 2907.03, 2907.05,	1871
2907.06, 2907.07, 2907.08, 2907.21, 2907.22, 2907.32, 2907.321,	1872
2907.322, or 2907.323 of the Revised Code;	1873

(2) A violation of section 2907.04 of the Revised Code when	1874
the offender is less than four years older than the other person	1875
with whom the offender engaged in sexual conduct, the other person	1876
did not consent to the sexual conduct, and the offender previously	1877
has not been convicted of or pleaded guilty to a violation of	1878
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1879
violation of former section 2907.12 of the Revised Code;	1880

(3) A violation of section 2907.04 of the Revised Code when	1881
the offender is at least four years older than the other person	1882
with whom the offender engaged in sexual conduct or when the	1883
offender is less than four years older than the other person with	1884
whom the offender engaged in sexual conduct and the offender	1885
previously has been convicted of or pleaded guilty to a violation	1886
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1887
violation of former section 2907.12 of the Revised Code;	1888

(4) A violation of section 2903.01, 2903.02, or 2903.11 of	1889
the Revised Code when the violation was committed with a sexual	1890
motivation;	1891

(5) A violation of division (A) of section 2903.04 of the	1892
Revised Code when the offender committed or attempted to commit	1893
the felony that is the basis of the violation with a sexual	1894
motivation;	1895

(6) A violation of division (A)(3) of section 2903.211 of the	1896
Revised Code;	1897

(7) A violation of division (A)(1), (2), (3), or (5) of	1898
section 2905.01 of the Revised Code when the offense is committed	1899
with a sexual motivation;	1900

(8) A violation of division (A)(4) of section 2905.01 of the	1901
Revised Code;	1902

(9) A violation of division (B) of section 2905.01 of the	1903
Revised Code when the victim of the offense is under eighteen	1904
years of age and the offender is not a parent of the victim of the	1905
offense;	1906

(10) A violation of division (B) of section 2903.03, of	1907
division (B) of section 2905.02, of division (B) of section	1908
2905.03, of division (B) of section 2905.05, or of division (B)(5)	1909
of section 2919.22 of the Revised Code;	1910

(11) A violation of section 2905.32 of the Revised Code when	1911
the offender knowingly recruited, lured, enticed, isolated,	1912
harbored, transported, provided, obtained, or maintained, or	1913
knowingly attempted to recruit, lure, entice, isolate, harbor,	1914
transport, provide, obtain, or maintain, another person knowing	1915
that the person would be compelled to engage in sexual activity	1916
for hire, engage in a performance that was obscene, sexually	1917
oriented, or nudity oriented, or be a model or participant in the	1918
production of material that was obscene, sexually oriented, or	1919
nudity oriented;	1920

(12) A violation of any former law of this state, any	1921
existing or former municipal ordinance or law of another state or	1922
the United States, any existing or former law applicable in a	1923
military court or in an Indian tribal court, or any existing or	1924
former law of any nation other than the United States that is or	1925
was substantially equivalent to any offense listed in division	1926
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of	1927
this section;	1928

(13) A violation of division (A)(2) of section 2907.24 of the	1929
Revised Code;	1930

(14) Any attempt to commit, conspiracy to commit, or	1931
complicity in committing any offense listed in division (A)(1),	1932
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12), or	1933
(13) of this section.	1934

(B)(1) "Sex offender" means, subject to division (B)(2) of	1935
this section, a person who is convicted of, pleads guilty to, has	1936
been convicted of, has pleaded guilty to, is adjudicated a	1937
delinquent child for committing, or has been adjudicated a	1938
delinquent child for committing any sexually oriented offense.	1939

(2) "Sex offender" does not include a person who is convicted	1940
of, pleads guilty to, has been convicted of, has pleaded guilty	1941
to, is adjudicated a delinquent child for committing, or has been	1942
adjudicated a delinquent child for committing a sexually oriented	1943
offense if the offense involves consensual sexual conduct or	1944
consensual sexual contact and either of the following applies:	1945

(a) The victim of the sexually oriented offense was eighteen	1946
years of age or older and at the time of the sexually oriented	1947
offense was not under the custodial authority of the person who is	1948
convicted of, pleads guilty to, has been convicted of, has pleaded	1949
guilty to, is adjudicated a delinquent child for committing, or	1950
has been adjudicated a delinquent child for committing the	1951
sexually oriented offense.	1952

(b) The victim of the offense was thirteen years of age or	1953
older, and the person who is convicted of, pleads guilty to, has	1954
been convicted of, has pleaded guilty to, is adjudicated a	1955
delinquent child for committing, or has been adjudicated a	1956
delinquent child for committing the sexually oriented offense is	1957
not more than four years older than the victim.	1958

(C) "Child-victim oriented offense" means any of the	1959
following violations or offenses committed by a person, regardless	1960
of the person's age, when the victim is under eighteen years of	1961
age and is not a child of the person who commits the violation:	1962

(1) A violation of division (A)(1), (2), (3), or (5) of	1963
section 2905.01 of the Revised Code when the violation is not	1964
included in division (A)(7) of this section;	1965

(2) A violation of division (A) of section 2905.02, division	1966
(A) of section 2905.03, or division (A) of section 2905.05 of the	1967
Revised Code;	1968

(3) A violation of any former law of this state, any existing	1969
or former municipal ordinance or law of another state or the	1970
United States, any existing or former law applicable in a military	1971
court or in an Indian tribal court, or any existing or former law	1972
of any nation other than the United States that is or was	1973
substantially equivalent to any offense listed in division (C)(1)	1974
or (2) of this section;	1975

(4) Any attempt to commit, conspiracy to commit, or	1976
complicity in committing any offense listed in division (C)(1),	1977
(2), or (3) of this section.	1978

(D) "Child-victim offender" means a person who is convicted	1979
of, pleads guilty to, has been convicted of, has pleaded guilty	1980
to, is adjudicated a delinquent child for committing, or has been	1981
adjudicated a delinquent child for committing any child-victim	1982
oriented offense.	1983

(E) "Tier I sex offender/child-victim offender" means any of	1984
the following:	1985

(1) A sex offender who is convicted of, pleads guilty to, has	1986
been convicted of, or has pleaded guilty to any of the following	1987
sexually oriented offenses:	1988

(a) A violation of section 2907.06, 2907.07, 2907.08,	1989
2907.22, or 2907.32 of the Revised Code;	1990

(b) A violation of section 2907.04 of the Revised Code when	1991
the offender is less than four years older than the other person	1992
with whom the offender engaged in sexual conduct, the other person	1993
did not consent to the sexual conduct, and the offender previously	1994
has not been convicted of or pleaded guilty to a violation of	1995
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1996
violation of former section 2907.12 of the Revised Code;	1997

(c) A violation of division (A)(1), (2), (3), or (5) of	1998
section 2907.05 of the Revised Code;	1999

(d) A violation of division (A)(3) of section 2907.323 of the	2000
Revised Code;	2001

(e) A violation of division (A)(3) of section 2903.211, of	2002
division (B) of section 2905.03, or of division (B) of section	2003
2905.05 of the Revised Code;	2004

(f) A violation of any former law of this state, any existing	2005
or former municipal ordinance or law of another state or the	2006
United States, any existing or former law applicable in a military	2007
court or in an Indian tribal court, or any existing or former law	2008
of any nation other than the United States, that is or was	2009
substantially equivalent to any offense listed in division	2010
(E)(1)(a), (b), (c), (d), or (e) of this section;	2011

(g) Any attempt to commit, conspiracy to commit, or	2012
complicity in committing any offense listed in division (E)(1)(a),	2013
(b), (c), (d), (e), or (f) of this section.	2014

(2) A child-victim offender who is convicted of, pleads	2015
guilty to, has been convicted of, or has pleaded guilty to a	2016
child-victim oriented offense and who is not within either	2017
category of child-victim offender described in division (F)(2) or	2018
(G)(2) of this section.	2019

(3) A sex offender who is adjudicated a delinquent child for	2020
committing or has been adjudicated a delinquent child for	2021
committing any sexually oriented offense and who a juvenile court,	2022
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	2023
Revised Code, classifies a tier I sex offender/child-victim	2024
offender relative to the offense.	2025

(4) A child-victim offender who is adjudicated a delinquent	2026
child for committing or has been adjudicated a delinquent child	2027
for committing any child-victim oriented offense and who a	2028
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	2029
2152.85 of the Revised Code, classifies a tier I sex	2030
offender/child-victim offender relative to the offense.	2031

(F) "Tier II sex offender/child-victim offender" means any of	2032
the following:	2033

(1) A sex offender who is convicted of, pleads guilty to, has	2034
been convicted of, or has pleaded guilty to any of the following	2035
sexually oriented offenses:	2036

(a) A violation of section 2907.21, 2907.321, or 2907.322 of	2037
the Revised Code;	2038

(b) A violation of section 2907.04 of the Revised Code when	2039
the offender is at least four years older than the other person	2040
with whom the offender engaged in sexual conduct, or when the	2041
offender is less than four years older than the other person with	2042
whom the offender engaged in sexual conduct and the offender	2043
previously has been convicted of or pleaded guilty to a violation	2044
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or	2045
former section 2907.12 of the Revised Code;	2046

(c) A violation of division (A)(4) of section 2907.05, of	2047
division (A)(2) of section 2907.24, or of division (A)(1) or (2)	2048
of section 2907.323 of the Revised Code;	2049

(d) A violation of division (A)(1), (2), (3), or (5) of	2050
section 2905.01 of the Revised Code when the offense is committed	2051
with a sexual motivation;	2052

(e) A violation of division (A)(4) of section 2905.01 of the	2053
Revised Code when the victim of the offense is eighteen years of	2054
age or older;	2055

(f) A violation of division (B) of section 2905.02 or of	2056
division (B)(5) of section 2919.22 of the Revised Code;	2057

(g) A violation of section 2905.32 of the Revised Code when	2058
the offender knowingly recruited, lured, enticed, isolated,	2059
harbored, transported, provided, obtained, or maintained, or	2060
knowingly attempted to recruit, lure, entice, isolate, harbor,	2061
transport, provide, obtain, or maintain, another person knowing	2062
that the person would be compelled to engage in sexual activity	2063
for hire, engage in a performance that was obscene, sexually	2064
oriented, or nudity oriented, or be a model or participant in the	2065
production of material that was obscene, sexually oriented, or	2066
nudity oriented;	2067

(h) A violation of any former law of this state, any existing	2068
or former municipal ordinance or law of another state or the	2069
United States, any existing or former law applicable in a military	2070
court or in an Indian tribal court, or any existing or former law	2071
of any nation other than the United States that is or was	2072
substantially equivalent to any offense listed in division	2073
(F)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;	2074

(i) Any attempt to commit, conspiracy to commit, or	2075
complicity in committing any offense listed in division (F)(1)(a),	2076
(b), (c), (d), (e), (f), (g), or (h) of this section;	2077

(j) Any sexually oriented offense that is committed after the	2078
sex offender previously has been convicted of, pleaded guilty to,	2079
or has been adjudicated a delinquent child for committing any	2080
sexually oriented offense or child-victim oriented offense for	2081
which the offender was classified a tier I sex	2082
offender/child-victim offender.	2083

(2) A child-victim offender who is convicted of, pleads	2084
guilty to, has been convicted of, or has pleaded guilty to any	2085
child-victim oriented offense when the child-victim oriented	2086
offense is committed after the child-victim offender previously	2087
has been convicted of, pleaded guilty to, or been adjudicated a	2088
delinquent child for committing any sexually oriented offense or	2089
child-victim oriented offense for which the offender was	2090
classified a tier I sex offender/child-victim offender.	2091

(3) A sex offender who is adjudicated a delinquent child for	2092
committing or has been adjudicated a delinquent child for	2093
committing any sexually oriented offense and who a juvenile court,	2094
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	2095
Revised Code, classifies a tier II sex offender/child-victim	2096
offender relative to the offense.	2097

(4) A child-victim offender who is adjudicated a delinquent	2098
child for committing or has been adjudicated a delinquent child	2099
for committing any child-victim oriented offense and whom a	2100
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	2101
2152.85 of the Revised Code, classifies a tier II sex	2102
offender/child-victim offender relative to the current offense.	2103

(5) A sex offender or child-victim offender who is not in any	2104
category of tier II sex offender/child-victim offender set forth	2105
in division (F)(1), (2), (3), or (4) of this section, who prior to	2106
January 1, 2008, was adjudicated a delinquent child for committing	2107
a sexually oriented offense or child-victim oriented offense, and	2108
who prior to that date was determined to be a habitual sex	2109
offender or determined to be a habitual child-victim offender,	2110
unless either of the following applies:	2111

(a) The sex offender or child-victim offender is reclassified	2112
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	2113
tier I sex offender/child-victim offender or a tier III sex	2114
offender/child-victim offender relative to the offense.	2115

(b) A juvenile court, pursuant to section 2152.82, 2152.83,	2116
2152.84, or 2152.85 of the Revised Code, classifies the child a	2117
tier I sex offender/child-victim offender or a tier III sex	2118
offender/child-victim offender relative to the offense.	2119

(G) "Tier III sex offender/child-victim offender" means any	2120
of the following:	2121

(1) A sex offender who is convicted of, pleads guilty to, has	2122
been convicted of, or has pleaded guilty to any of the following	2123
sexually oriented offenses:	2124

(a) A violation of section 2907.02 or 2907.03 of the Revised	2125
Code;	2126

(b) A violation of division (B) of section 2907.05 of the	2127
Revised Code;	2128

(c) A violation of section 2903.01, 2903.02, or 2903.11 of	2129
the Revised Code when the violation was committed with a sexual	2130
motivation;	2131

(d) A violation of division (A) of section 2903.04 of the	2132
Revised Code when the offender committed or attempted to commit	2133
the felony that is the basis of the violation with a sexual	2134
motivation;	2135

(e) A violation of division (A)(4) of section 2905.01 of the	2136
Revised Code when the victim of the offense is under eighteen	2137
years of age;	2138

(f) A violation of division (B) of section 2905.01 of the	2139
Revised Code when the victim of the offense is under eighteen	2140
years of age and the offender is not a parent of the victim of the	2141
offense;	2142

(g) A violation of division (B) of section 2903.03 of the	2143
Revised Code;	2144

(h) A violation of any former law of this state, any existing	2145
or former municipal ordinance or law of another state or the	2146
United States, any existing or former law applicable in a military	2147
court or in an Indian tribal court, or any existing or former law	2148
of any nation other than the United States that is or was	2149
substantially equivalent to any offense listed in division	2150
(G)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;	2151

(i) Any attempt to commit, conspiracy to commit, or	2152
complicity in committing any offense listed in division (G)(1)(a),	2153
(b), (c), (d), (e), (f), (g), or (h) of this section;	2154

(j) Any sexually oriented offense that is committed after the	2155
sex offender previously has been convicted of, pleaded guilty to,	2156
or been adjudicated a delinquent child for committing any sexually	2157
oriented offense or child-victim oriented offense for which the	2158
offender was classified a tier II sex offender/child-victim	2159
offender or a tier III sex offender/child-victim offender.	2160

(2) A child-victim offender who is convicted of, pleads	2161
guilty to, has been convicted of, or has pleaded guilty to any	2162
child-victim oriented offense when the child-victim oriented	2163
offense is committed after the child-victim offender previously	2164
has been convicted of, pleaded guilty to, or been adjudicated a	2165
delinquent child for committing any sexually oriented offense or	2166
child-victim oriented offense for which the offender was	2167
classified a tier II sex offender/child-victim offender or a tier	2168
III sex offender/child-victim offender.	2169

(3) A sex offender who is adjudicated a delinquent child for	2170
committing or has been adjudicated a delinquent child for	2171
committing any sexually oriented offense and who a juvenile court,	2172
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	2173
Revised Code, classifies a tier III sex offender/child-victim	2174
offender relative to the offense.	2175

(4) A child-victim offender who is adjudicated a delinquent	2176
child for committing or has been adjudicated a delinquent child	2177
for committing any child-victim oriented offense and whom a	2178
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	2179
2152.85 of the Revised Code, classifies a tier III sex	2180
offender/child-victim offender relative to the current offense.	2181

(5) A sex offender or child-victim offender who is not in any	2182
category of tier III sex offender/child-victim offender set forth	2183
in division (G)(1), (2), (3), or (4) of this section, who prior to	2184
January 1, 2008, was convicted of or pleaded guilty to a sexually	2185
oriented offense or child-victim oriented offense or was	2186
adjudicated a delinquent child for committing a sexually oriented	2187
offense or child-victim oriented offense and classified a juvenile	2188
offender registrant, and who prior to that date was adjudicated a	2189
sexual predator or adjudicated a child-victim predator, unless	2190
either of the following applies:	2191

(a) The sex offender or child-victim offender is reclassified	2192
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	2193
tier I sex offender/child-victim offender or a tier II sex	2194
offender/child-victim offender relative to the offense.	2195

(b) The sex offender or child-victim offender is a delinquent	2196
child, and a juvenile court, pursuant to section 2152.82, 2152.83,	2197
2152.84, or 2152.85 of the Revised Code, classifies the child a	2198
tier I sex offender/child-victim offender or a tier II sex	2199
offender/child-victim offender relative to the offense.	2200

(6) A sex offender who is convicted of, pleads guilty to, was	2201
convicted of, or pleaded guilty to a sexually oriented offense, if	2202
the sexually oriented offense and the circumstances in which it	2203
was committed are such that division (F) of section 2971.03 of the	2204
Revised Code automatically classifies the offender as a tier III	2205
sex offender/child-victim offender;	2206

(7) A sex offender or child-victim offender who is convicted	2207
of, pleads guilty to, was convicted of, pleaded guilty to, is	2208
adjudicated a delinquent child for committing, or was adjudicated	2209
a delinquent child for committing a sexually oriented offense or	2210
child-victim offense in another state, in a federal court,	2211
military court, or Indian tribal court, or in a court in any	2212
nation other than the United States if both of the following	2213
apply:	2214

(a) Under the law of the jurisdiction in which the offender	2215
was convicted or pleaded guilty or the delinquent child was	2216
adjudicated, the offender or delinquent child is in a category	2217
substantially equivalent to a category of tier III sex	2218
offender/child-victim offender described in division (G)(1), (2),	2219
(3), (4), (5), or (6) of this section.	2220

(b) Subsequent to the conviction, plea of guilty, or	2221
adjudication in the other jurisdiction, the offender or delinquent	2222
child resides, has temporary domicile, attends school or an	2223
institution of higher education, is employed, or intends to reside	2224
in this state in any manner and for any period of time that	2225
subjects the offender or delinquent child to a duty to register or	2226
provide notice of intent to reside under section 2950.04 or	2227
2950.041 of the Revised Code.	2228

(H) "Confinement" includes, but is not limited to, a	2229
community residential sanction imposed pursuant to section 2929.16	2230
or 2929.26 of the Revised Code.	2231

(I) "Prosecutor" has the same meaning as in section 2935.01	2232
of the Revised Code.	2233

(J) "Supervised release" means a release of an offender from	2234
a prison term, a term of imprisonment, or another type of	2235
confinement that satisfies either of the following conditions:	2236

(1) The release is on parole, a conditional pardon, under a	2237
community control sanction, under transitional control, or under a	2238
post-release control sanction, and it requires the person to	2239
report to or be supervised by a parole officer, probation officer,	2240
field officer, or another type of supervising officer.	2241

(2) The release is any type of release that is not described	2242
in division (J)(1) of this section and that requires the person to	2243
report to or be supervised by a probation officer, a parole	2244
officer, a field officer, or another type of supervising officer.	2245

(K) "Sexually violent predator specification," "sexually	2246
violent predator," "sexually violent offense," "sexual motivation	2247
specification," "designated homicide, assault, or kidnapping	2248
offense," and "violent sex offense" have the same meanings as in	2249
section 2971.01 of the Revised Code.	2250

(L) "Post-release control sanction" and "transitional	2251
control" have the same meanings as in section 2967.01 of the	2252
Revised Code.	2253

(M) "Juvenile offender registrant" means a person who is	2254
adjudicated a delinquent child for committing on or after January	2255
1, 2002, a sexually oriented offense or a child-victim oriented	2256
offense, who is fourteen years of age or older at the time of	2257
committing the offense, and who a juvenile court judge, pursuant	2258
to an order issued under section 2152.82, 2152.83, 2152.84,	2259
2152.85, or 2152.86 of the Revised Code, classifies a juvenile	2260
offender registrant and specifies has a duty to comply with	2261
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	2262
Code. "Juvenile offender registrant" includes a person who prior	2263
to January 1, 2008, was a "juvenile offender registrant" under the	2264
definition of the term in existence prior to January 1, 2008, and	2265
a person who prior to July 31, 2003, was a "juvenile sex offender	2266
registrant" under the former definition of that former term.	2267

(N) "Public registry-qualified juvenile offender registrant"	2268
means a person who is adjudicated a delinquent child and on whom a	2269
juvenile court has imposed a serious youthful offender	2270
dispositional sentence under section 2152.13 of the Revised Code	2271
before, on, or after January 1, 2008, and to whom all of the	2272
following apply:	2273

(1) The person is adjudicated a delinquent child for	2274
committing, attempting to commit, conspiring to commit, or	2275
complicity in committing one of the following acts:	2276

(a) A violation of section 2907.02 of the Revised Code,	2277
division (B) of section 2907.05 of the Revised Code, or section	2278
2907.03 of the Revised Code if the victim of the violation was	2279
less than twelve years of age;	2280

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	2281
the Revised Code that was committed with a purpose to gratify the	2282
sexual needs or desires of the child;	2283

(c) A violation of division (B) of section 2903.03 of the	2284
Revised Code.	2285

(2) The person was fourteen, fifteen, sixteen, or seventeen	2286
years of age at the time of committing the act.	2287

(3) A juvenile court judge, pursuant to an order issued under	2288
section 2152.86 of the Revised Code, classifies the person a	2289
juvenile offender registrant, specifies the person has a duty to	2290
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	2291
Code, and classifies the person a public registry-qualified	2292
juvenile offender registrant, and the classification of the person	2293
as a public registry-qualified juvenile offender registrant has	2294
not been terminated pursuant to division (D) of section 2152.86 of	2295
the Revised Code.	2296

(O) "Secure facility" means any facility that is designed and	2297
operated to ensure that all of its entrances and exits are locked	2298
and under the exclusive control of its staff and to ensure that,	2299
because of that exclusive control, no person who is	2300
institutionalized or confined in the facility may leave the	2301
facility without permission or supervision.	2302

(P) "Out-of-state juvenile offender registrant" means a	2303
person who is adjudicated a delinquent child in a court in another	2304
state, in a federal court, military court, or Indian tribal court,	2305
or in a court in any nation other than the United States for	2306
committing a sexually oriented offense or a child-victim oriented	2307
offense, who on or after January 1, 2002, moves to and resides in	2308
this state or temporarily is domiciled in this state for more than	2309
five days, and who has a duty under section 2950.04 or 2950.041 of	2310
the Revised Code to register in this state and the duty to	2311
otherwise comply with that applicable section and sections 2950.05	2312
and 2950.06 of the Revised Code. "Out-of-state juvenile offender	2313
registrant" includes a person who prior to January 1, 2008, was an	2314
"out-of-state juvenile offender registrant" under the definition	2315
of the term in existence prior to January 1, 2008, and a person	2316
who prior to July 31, 2003, was an "out-of-state juvenile sex	2317
offender registrant" under the former definition of that former	2318
term.	2319

(Q) "Juvenile court judge" includes a magistrate to whom the	2320
juvenile court judge confers duties pursuant to division (A)(15)	2321
of section 2151.23 of the Revised Code.	2322

(R) "Adjudicated a delinquent child for committing a sexually	2323
oriented offense" includes a child who receives a serious youthful	2324
offender dispositional sentence under section 2152.13 of the	2325
Revised Code for committing a sexually oriented offense.	2326

(S) "School" and "school premises" have the same meanings as	2327
in section 2925.01 of the Revised Code.	2328

(T) "Residential premises" means the building in which a	2329
residential unit is located and the grounds upon which that	2330
building stands, extending to the perimeter of the property.	2331
"Residential premises" includes any type of structure in which a	2332
residential unit is located, including, but not limited to,	2333
multi-unit buildings and mobile and manufactured homes.	2334

(U) "Residential unit" means a dwelling unit for residential	2335
use and occupancy, and includes the structure or part of a	2336
structure that is used as a home, residence, or sleeping place by	2337
one person who maintains a household or two or more persons who	2338
maintain a common household. "Residential unit" does not include a	2339
halfway house or a community-based correctional facility.	2340

(V) "Multi-unit building" means a building in which is	2341
located more than twelve residential units that have entry doors	2342
that open directly into the unit from a hallway that is shared	2343
with one or more other units. A residential unit is not considered	2344
located in a multi-unit building if the unit does not have an	2345
entry door that opens directly into the unit from a hallway that	2346
is shared with one or more other units or if the unit is in a	2347
building that is not a multi-unit building as described in this	2348
division.	2349

(W) "Community control sanction" has the same meaning as in	2350
section 2929.01 of the Revised Code.	2351

(X) "Halfway house" and "community-based correctional	2352
facility" have the same meanings as in section 2929.01 of the	2353
Revised Code.	2354

Sec. 4731.41. (A) No person shall practice medicine and	2355
surgery, or any of its branches, without the appropriate	2356
certificate from the state medical board to engage in the	2357
practice. No person shall advertise or claim to the public to be a	2358
practitioner of medicine and surgery, or any of its branches,	2359
without a certificate from the board. No person shall open or	2360
conduct an office or other place for such practice without a	2361
certificate from the board. No person shall conduct an office in	2362
the name of some person who has a certificate to practice medicine	2363
and surgery, or any of its branches. No person shall practice	2364
medicine and surgery, or any of its branches, after the person's	2365
certificate has been revoked, or, if suspended, during the time of	2366
such suspension.	2367

A certificate signed by the secretary of the board to which	2368
is affixed the official seal of the board to the effect that it	2369
appears from the records of the board that no such certificate to	2370
practice medicine and surgery, or any of its branches, in this	2371
state has been issued to the person specified therein, or that a	2372
certificate to practice, if issued, has been revoked or suspended,	2373
shall be received as prima-facie evidence of the record of the	2374
board in any court or before any officer of the state.	2375

(B) No person shall advertise the practice of massage or any	2376
other term that implies a massage technique or method, including	2377
relaxation massage, in any public publication or communication	2378
unless the person is a practitioner of medicine or surgery, or any	2379
of its branches, including massage therapy, and has the	2380
appropriate certificate from the state medical board, the person	2381
is a chiropractor licensed by the state chiropractic board, the	2382
person is a cosmetologist, esthetician, or manicurist licensed by	2383
the state board of cosmetology, or the person is licensed,	2384
certified, or regulated by a political subdivision to engage in	2385
massage.	2386

Section 2. That existing sections 109.54, 2151.281, 2151.414,	2387
2151.419, 2901.13, 2905.32, 2907.02, 2907.05, 2907.07, 2907.22,	2388
2907.24, 2929.01, 2937.11, 2950.01, and 4731.41 of the Revised	2389
Code are hereby repealed.	2390

Section 3.  Section 2151.281 of the Revised Code is presented	2391
in this act as a composite of the section as amended by both Am.	2392
Sub. S.B. 17 and Am. Sub. S.B. 238 of the 126th General Assembly.	2393
Section 2901.13 of the Revised Code is presented in this act as a	2394
composite of the section as amended by both Sub. H.B. 46 and S.B.	2395
219 of the 127th General Assembly. The General Assembly, applying	2396
the principle stated in division (B) of section 1.52 of the	2397
Revised Code that amendments are to be harmonized if reasonably	2398
capable of simultaneous operation, finds that the composites are	2399
the resulting versions of the sections in effect prior to the	2400
effective date of the sections as presented in this act.	2401

Section 4.  This act is hereby declared to be an emergency	2402
measure necessary for the immediate preservation of the public	2403
peace, health, and safety. The reason for such necessity is that	2404
minors are particularly vulnerable to becoming victims of the	2405
offenses described in this act. Therefore this act shall go into	2406
immediate effect.	2407