As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 358


Senator Schaffer 

Cosponsor: Senator Bacon 

A BILL
To amend sections 2907.09 and 2950.01 of the Revised 1
Code to require an offender who purposely commits 2
the offense of public indecency under certain 3
circumstances involving conduct likely to be 4
viewed by minors to register as a Tier I sex 5
offender/child-victim offender.6


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

       Section 1.  That sections 2907.09 and 2950.01 of the Revised 7
Code be amended to read as follows:8

       Sec. 2907.09.  (A) No person shall recklessly do any of the 9
following, under circumstances in which the person's conduct is 10
likely to be viewed by and affront others who are in the person's 11
physical proximity and who are not members of the person's 12
household:13

       (1) Expose the person's private parts;14

       (2) Engage in sexual conduct or masturbation;15

       (3) Engage in conduct that to an ordinary observer would 16
appear to be sexual conduct or masturbation.17

       (B) No person shall knowingly do any of the following, under 18
circumstances in which the person's conduct is likely to be viewed 19
by and affront another person who is a minor, who is not the 20
spouse of the offender, and who resides in the person's household:21

       (1) Engage in masturbation;22

       (2) Engage in sexual conduct;23

       (3) Engage in conduct that to an ordinary observer would 24
appear to be sexual conduct or masturbation;25

       (4) Expose the person's private parts with the purpose of 26
personal sexual arousal or gratification or to lure the minor into 27
sexual activity.28

       (C)(1)No person shall purposely do any of the following, 29
under circumstances in which the person's conduct is likely to be 30
viewed by and affront others who are in the person's physical 31
proximity, who are not members of the person's household, and who 32
are minors:33

       (1) Expose the person's private parts;34

       (2) Engage in sexual conduct or masturbation;35

       (3) Engage in conduct that to an ordinary observer would 36
appear to be sexual conduct or masturbation.37

       (D)(1) Whoever violates this section is guilty of public 38
indecency and shall be punished as provided in divisions 39
(C)(D)(2), (3), (4), and (5), (6), and (7) of this section. 40

       (2) Except as otherwise provided in division (C)(D)(2) of 41
this section, a violation of division (A)(1) of this section is a 42
misdemeanor of the fourth degree. If the offender previously has 43
been convicted of or pleaded guilty to one violation of this 44
section, a violation of division (A)(1) of this section is a 45
misdemeanor of the third degree or, if any person who was likely 46
to view and be affronted by the offender's conduct was a minor, a 47
misdemeanor of the second degree. If the offender previously has 48
been convicted of or pleaded guilty to two violations of this 49
section, a violation of division (A)(1) of this section is a 50
misdemeanor of the second degree or, if any person who was likely 51
to view and be affronted by the offender's conduct was a minor, a 52
misdemeanor of the first degree. If the offender previously has 53
been convicted of or pleaded guilty to three or more violations of 54
this section, a violation of division (A)(1) of this section is a 55
misdemeanor of the first degree or, if any person who was likely 56
to view and be affronted by the offender's conduct was a minor, a 57
felony of the fifth degree.58

       (3) Except as otherwise provided in division (C)(D)(3) of 59
this section, a violation of division (A)(2) or (3) of this 60
section is a misdemeanor of the third degree. If the offender 61
previously has been convicted of or pleaded guilty to one 62
violation of this section, a violation of division (A)(2) or (3) 63
of this section is a misdemeanor of the second degree or, if any 64
person who was likely to view and be affronted by the offender's 65
conduct was a minor, a misdemeanor of the first degree. If the 66
offender previously has been convicted of or pleaded guilty to two 67
or more violations of this section, a violation of division (A)(2) 68
or (3) of this section is a misdemeanor of the first degree or, if 69
any person who was likely to view and be affronted by the 70
offender's conduct was a minor, a felony of the fifth degree.71

        (4) Except as otherwise provided in division (C)(D)(4) of 72
this section, a violation of division (B)(1), (2), or (3) of this 73
section is a misdemeanor of the second degree. If the offender 74
previously has been convicted of or pleaded guilty to one 75
violation of this section, a violation of division (B)(1), (2), or 76
(3) of this section is a misdemeanor of the first degree. If the 77
offender previously has been convicted of or pleaded guilty to two 78
or more violations of this section, a violation of division 79
(B)(1), (2), or (3) of this section is a felony of the fifth 80
degree.81

        (5) Except as otherwise provided in division (C)(D)(5) of 82
this section, a violation of division (B)(4) of this section is a 83
misdemeanor of the first degree. If the offender previously has 84
been convicted of or pleaded guilty to any violation of this 85
section, a violation of division (B)(4) of this section is a 86
felony of the fifth degree.87

       (6) Except as otherwise provided in division (D)(6) of this 88
section, a violation of division (C)(1) of this section is a 89
misdemeanor of the fourth degree. If the offender previously has 90
been convicted of or pleaded guilty to one violation of this 91
section, a violation of division (C)(1) of this section is a 92
misdemeanor of the third degree. If the offender previously has 93
been convicted of or pleaded guilty to two violations of this 94
section, a violation of division (C)(1) of this section is a 95
misdemeanor of the second degree. If the offender previously has 96
been convicted of or pleaded guilty to three or more violations of 97
this section, a violation of division (C)(1) of this section is a 98
misdemeanor of the first degree.99

       (7) Except as otherwise provided in division (D)(7) of this 100
section, a violation of division (C)(2) or (3) of this section is 101
a misdemeanor of the third degree. If the offender previously has 102
been convicted of or pleaded guilty to one violation of this 103
section, a violation of division (C)(2) or (3) of this section is 104
a misdemeanor of the second degree. If the offender previously has 105
been convicted of or pleaded guilty to two or more violations of 106
this section, a violation of division (C)(2) or (3) of this 107
section is a misdemeanor of the first degree.108

       Sec. 2950.01. As used in this chapter, unless the context 109
clearly requires otherwise:110

       (A) "Sexually oriented offense" means any of the following 111
violations or offenses committed by a person, regardless of the 112
person's age:113

       (1) A violation of section 2907.02, 2907.03, 2907.05, 114
2907.06, 2907.07, 2907.08, 2907.21, 2907.22, 2907.32, 2907.321, 115
2907.322, or 2907.323 of the Revised Code;116

       (2) A violation of section 2907.04 of the Revised Code when 117
the offender is less than four years older than the other person 118
with whom the offender engaged in sexual conduct, the other person 119
did not consent to the sexual conduct, and the offender previously 120
has not been convicted of or pleaded guilty to a violation of 121
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a 122
violation of former section 2907.12 of the Revised Code;123

       (3) A violation of section 2907.04 of the Revised Code when 124
the offender is at least four years older than the other person 125
with whom the offender engaged in sexual conduct or when the 126
offender is less than four years older than the other person with 127
whom the offender engaged in sexual conduct and the offender 128
previously has been convicted of or pleaded guilty to a violation 129
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a 130
violation of former section 2907.12 of the Revised Code;131

       (4) A violation of section 2903.01, 2903.02, or 2903.11 of 132
the Revised Code when the violation was committed with a sexual 133
motivation;134

       (5) A violation of division (A) of section 2903.04 of the 135
Revised Code when the offender committed or attempted to commit 136
the felony that is the basis of the violation with a sexual 137
motivation;138

       (6) A violation of division (A)(3) of section 2903.211 of the 139
Revised Code;140

       (7) A violation of division (A)(1), (2), (3), or (5) of 141
section 2905.01 of the Revised Code when the offense is committed 142
with a sexual motivation;143

       (8) A violation of division (A)(4) of section 2905.01 of the 144
Revised Code;145

       (9) A violation of division (B) of section 2905.01 of the 146
Revised Code when the victim of the offense is under eighteen 147
years of age and the offender is not a parent of the victim of the 148
offense;149

       (10) A violation of division (B) of section 2903.03, of 150
division (B) of section 2905.02, of division (B) of section 151
2905.03, of division (B) of section 2905.05, or of division (B)(5) 152
of section 2919.22 of the Revised Code;153

       (11) A violation of section 2905.32 of the Revised Code when 154
the offender knowingly recruited, lured, enticed, isolated, 155
harbored, transported, provided, obtained, or maintained, or 156
knowingly attempted to recruit, lure, entice, isolate, harbor, 157
transport, provide, obtain, or maintain, another person knowing 158
that the person would be compelled to engage in sexual activity 159
for hire, engage in a performance that was obscene, sexually 160
oriented, or nudity oriented, or be a model or participant in the 161
production of material that was obscene, sexually oriented, or 162
nudity oriented;163

        (12) A violation of division (C) of section 2907.09 of the 164
Revised Code;165

       (13) A violation of any former law of this state, any 166
existing or former municipal ordinance or law of another state or 167
the United States, any existing or former law applicable in a 168
military court or in an Indian tribal court, or any existing or 169
former law of any nation other than the United States that is or 170
was substantially equivalent to any offense listed in division 171
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), or (11), or 172
(12) of this section;173

       (13)(14) Any attempt to commit, conspiracy to commit, or 174
complicity in committing any offense listed in division (A)(1), 175
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12), or 176
(13) of this section.177

       (B)(1) "Sex offender" means, subject to division (B)(2) of 178
this section, a person who is convicted of, pleads guilty to, has 179
been convicted of, has pleaded guilty to, is adjudicated a 180
delinquent child for committing, or has been adjudicated a 181
delinquent child for committing any sexually oriented offense.182

       (2) "Sex offender" does not include a person who is convicted 183
of, pleads guilty to, has been convicted of, has pleaded guilty 184
to, is adjudicated a delinquent child for committing, or has been 185
adjudicated a delinquent child for committing a sexually oriented 186
offense if the offense involves consensual sexual conduct or 187
consensual sexual contact and either of the following applies:188

       (a) The victim of the sexually oriented offense was eighteen 189
years of age or older and at the time of the sexually oriented 190
offense was not under the custodial authority of the person who is 191
convicted of, pleads guilty to, has been convicted of, has pleaded 192
guilty to, is adjudicated a delinquent child for committing, or 193
has been adjudicated a delinquent child for committing the 194
sexually oriented offense.195

       (b) The victim of the offense was thirteen years of age or 196
older, and the person who is convicted of, pleads guilty to, has 197
been convicted of, has pleaded guilty to, is adjudicated a 198
delinquent child for committing, or has been adjudicated a 199
delinquent child for committing the sexually oriented offense is 200
not more than four years older than the victim.201

       (C) "Child-victim oriented offense" means any of the 202
following violations or offenses committed by a person, regardless 203
of the person's age, when the victim is under eighteen years of 204
age and is not a child of the person who commits the violation:205

       (1) A violation of division (A)(1), (2), (3), or (5) of 206
section 2905.01 of the Revised Code when the violation is not 207
included in division (A)(7) of this section;208

       (2) A violation of division (A) of section 2905.02, division 209
(A) of section 2905.03, or division (A) of section 2905.05 of the 210
Revised Code;211

       (3) A violation of any former law of this state, any existing 212
or former municipal ordinance or law of another state or the 213
United States, any existing or former law applicable in a military 214
court or in an Indian tribal court, or any existing or former law 215
of any nation other than the United States that is or was 216
substantially equivalent to any offense listed in division (C)(1) 217
or (2) of this section;218

       (4) Any attempt to commit, conspiracy to commit, or 219
complicity in committing any offense listed in division (C)(1), 220
(2), or (3) of this section.221

       (D) "Child-victim offender" means a person who is convicted 222
of, pleads guilty to, has been convicted of, has pleaded guilty 223
to, is adjudicated a delinquent child for committing, or has been 224
adjudicated a delinquent child for committing any child-victim 225
oriented offense.226

        (E) "Tier I sex offender/child-victim offender" means any of 227
the following:228

       (1) A sex offender who is convicted of, pleads guilty to, has 229
been convicted of, or has pleaded guilty to any of the following 230
sexually oriented offenses:231

       (a) A violation of section 2907.06, 2907.07, 2907.08, 232
2907.22, or 2907.32 of the Revised Code;233

       (b) A violation of section 2907.04 of the Revised Code when 234
the offender is less than four years older than the other person 235
with whom the offender engaged in sexual conduct, the other person 236
did not consent to the sexual conduct, and the offender previously 237
has not been convicted of or pleaded guilty to a violation of 238
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a 239
violation of former section 2907.12 of the Revised Code;240

       (c) A violation of division (A)(1), (2), (3), or (5) of 241
section 2907.05 of the Revised Code;242

       (d) A violation of division (A)(3) of section 2907.323 of the 243
Revised Code;244

       (e) A violation of division (A)(3) of section 2903.211, of 245
division (B) of section 2905.03, or of division (B) of section 246
2905.05 of the Revised Code;247

       (f) A violation of division (C) of section 2907.09 of the 248
Revised Code;249

       (g) A violation of any former law of this state, any existing 250
or former municipal ordinance or law of another state or the 251
United States, any existing or former law applicable in a military 252
court or in an Indian tribal court, or any existing or former law 253
of any nation other than the United States, that is or was 254
substantially equivalent to any offense listed in division 255
(E)(1)(a), (b), (c), (d), or (e), or (f) of this section;256

       (g)(h) Any attempt to commit, conspiracy to commit, or 257
complicity in committing any offense listed in division (E)(1)(a), 258
(b), (c), (d), (e), or (f), or (g) of this section.259

       (2) A child-victim offender who is convicted of, pleads 260
guilty to, has been convicted of, or has pleaded guilty to a 261
child-victim oriented offense and who is not within either 262
category of child-victim offender described in division (F)(2) or 263
(G)(2) of this section.264

       (3) A sex offender who is adjudicated a delinquent child for 265
committing or has been adjudicated a delinquent child for 266
committing any sexually oriented offense and who a juvenile court, 267
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the 268
Revised Code, classifies a tier I sex offender/child-victim 269
offender relative to the offense.270

       (4) A child-victim offender who is adjudicated a delinquent 271
child for committing or has been adjudicated a delinquent child 272
for committing any child-victim oriented offense and who a 273
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 274
2152.85 of the Revised Code, classifies a tier I sex 275
offender/child-victim offender relative to the offense.276

       (F) "Tier II sex offender/child-victim offender" means any of 277
the following:278

       (1) A sex offender who is convicted of, pleads guilty to, has 279
been convicted of, or has pleaded guilty to any of the following 280
sexually oriented offenses:281

       (a) A violation of section 2907.21, 2907.321, or 2907.322 of 282
the Revised Code;283

       (b) A violation of section 2907.04 of the Revised Code when 284
the offender is at least four years older than the other person 285
with whom the offender engaged in sexual conduct, or when the 286
offender is less than four years older than the other person with 287
whom the offender engaged in sexual conduct and the offender 288
previously has been convicted of or pleaded guilty to a violation 289
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or 290
former section 2907.12 of the Revised Code;291

       (c) A violation of division (A)(4) of section 2907.05 or of 292
division (A)(1) or (2) of section 2907.323 of the Revised Code;293

       (d) A violation of division (A)(1), (2), (3), or (5) of 294
section 2905.01 of the Revised Code when the offense is committed 295
with a sexual motivation;296

       (e) A violation of division (A)(4) of section 2905.01 of the 297
Revised Code when the victim of the offense is eighteen years of 298
age or older;299

       (f) A violation of division (B) of section 2905.02 or of 300
division (B)(5) of section 2919.22 of the Revised Code;301

       (g) A violation of section 2905.32 of the Revised Code when 302
the offender knowingly recruited, lured, enticed, isolated, 303
harbored, transported, provided, obtained, or maintained, or 304
knowingly attempted to recruit, lure, entice, isolate, harbor, 305
transport, provide, obtain, or maintain, another person knowing 306
that the person would be compelled to engage in sexual activity 307
for hire, engage in a performance that was obscene, sexually 308
oriented, or nudity oriented, or be a model or participant in the 309
production of material that was obscene, sexually oriented, or 310
nudity oriented;311

       (h) A violation of any former law of this state, any existing 312
or former municipal ordinance or law of another state or the 313
United States, any existing or former law applicable in a military 314
court or in an Indian tribal court, or any existing or former law 315
of any nation other than the United States that is or was 316
substantially equivalent to any offense listed in division 317
(F)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;318

       (i) Any attempt to commit, conspiracy to commit, or 319
complicity in committing any offense listed in division (F)(1)(a), 320
(b), (c), (d), (e), (f), (g), or (h) of this section;321

       (j) Any sexually oriented offense that is committed after the 322
sex offender previously has been convicted of, pleaded guilty to, 323
or has been adjudicated a delinquent child for committing any 324
sexually oriented offense or child-victim oriented offense for 325
which the offender was classified a tier I sex 326
offender/child-victim offender.327

       (2) A child-victim offender who is convicted of, pleads 328
guilty to, has been convicted of, or has pleaded guilty to any 329
child-victim oriented offense when the child-victim oriented 330
offense is committed after the child-victim offender previously 331
has been convicted of, pleaded guilty to, or been adjudicated a 332
delinquent child for committing any sexually oriented offense or 333
child-victim oriented offense for which the offender was 334
classified a tier I sex offender/child-victim offender.335

       (3) A sex offender who is adjudicated a delinquent child for 336
committing or has been adjudicated a delinquent child for 337
committing any sexually oriented offense and who a juvenile court, 338
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the 339
Revised Code, classifies a tier II sex offender/child-victim 340
offender relative to the offense.341

       (4) A child-victim offender who is adjudicated a delinquent 342
child for committing or has been adjudicated a delinquent child 343
for committing any child-victim oriented offense and whom a 344
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 345
2152.85 of the Revised Code, classifies a tier II sex 346
offender/child-victim offender relative to the current offense.347

       (5) A sex offender or child-victim offender who is not in any 348
category of tier II sex offender/child-victim offender set forth 349
in division (F)(1), (2), (3), or (4) of this section, who prior to 350
January 1, 2008, was adjudicated a delinquent child for committing 351
a sexually oriented offense or child-victim oriented offense, and 352
who prior to that date was determined to be a habitual sex 353
offender or determined to be a habitual child-victim offender, 354
unless either of the following applies:355

       (a) The sex offender or child-victim offender is reclassified 356
pursuant to section 2950.031 or 2950.032 of the Revised Code as a 357
tier I sex offender/child-victim offender or a tier III sex 358
offender/child-victim offender relative to the offense.359

       (b) A juvenile court, pursuant to section 2152.82, 2152.83, 360
2152.84, or 2152.85 of the Revised Code, classifies the child a 361
tier I sex offender/child-victim offender or a tier III sex 362
offender/child-victim offender relative to the offense.363

       (G) "Tier III sex offender/child-victim offender" means any 364
of the following:365

       (1) A sex offender who is convicted of, pleads guilty to, has 366
been convicted of, or has pleaded guilty to any of the following 367
sexually oriented offenses:368

       (a) A violation of section 2907.02 or 2907.03 of the Revised 369
Code;370

       (b) A violation of division (B) of section 2907.05 of the 371
Revised Code;372

       (c) A violation of section 2903.01, 2903.02, or 2903.11 of 373
the Revised Code when the violation was committed with a sexual 374
motivation;375

       (d) A violation of division (A) of section 2903.04 of the 376
Revised Code when the offender committed or attempted to commit 377
the felony that is the basis of the violation with a sexual 378
motivation;379

       (e) A violation of division (A)(4) of section 2905.01 of the 380
Revised Code when the victim of the offense is under eighteen 381
years of age;382

       (f) A violation of division (B) of section 2905.01 of the 383
Revised Code when the victim of the offense is under eighteen 384
years of age and the offender is not a parent of the victim of the 385
offense;386

       (g) A violation of division (B) of section 2903.03 of the 387
Revised Code;388

       (h) A violation of any former law of this state, any existing 389
or former municipal ordinance or law of another state or the 390
United States, any existing or former law applicable in a military 391
court or in an Indian tribal court, or any existing or former law 392
of any nation other than the United States that is or was 393
substantially equivalent to any offense listed in division 394
(G)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;395

       (i) Any attempt to commit, conspiracy to commit, or 396
complicity in committing any offense listed in division (G)(1)(a), 397
(b), (c), (d), (e), (f), (g), or (h) of this section;398

       (j) Any sexually oriented offense that is committed after the 399
sex offender previously has been convicted of, pleaded guilty to, 400
or been adjudicated a delinquent child for committing any sexually 401
oriented offense or child-victim oriented offense for which the 402
offender was classified a tier II sex offender/child-victim 403
offender or a tier III sex offender/child-victim offender.404

       (2) A child-victim offender who is convicted of, pleads 405
guilty to, has been convicted of, or has pleaded guilty to any 406
child-victim oriented offense when the child-victim oriented 407
offense is committed after the child-victim offender previously 408
has been convicted of, pleaded guilty to, or been adjudicated a 409
delinquent child for committing any sexually oriented offense or 410
child-victim oriented offense for which the offender was 411
classified a tier II sex offender/child-victim offender or a tier 412
III sex offender/child-victim offender.413

       (3) A sex offender who is adjudicated a delinquent child for 414
committing or has been adjudicated a delinquent child for 415
committing any sexually oriented offense and who a juvenile court, 416
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the 417
Revised Code, classifies a tier III sex offender/child-victim 418
offender relative to the offense.419

       (4) A child-victim offender who is adjudicated a delinquent 420
child for committing or has been adjudicated a delinquent child 421
for committing any child-victim oriented offense and whom a 422
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 423
2152.85 of the Revised Code, classifies a tier III sex 424
offender/child-victim offender relative to the current offense.425

       (5) A sex offender or child-victim offender who is not in any 426
category of tier III sex offender/child-victim offender set forth 427
in division (G)(1), (2), (3), or (4) of this section, who prior to 428
January 1, 2008, was convicted of or pleaded guilty to a sexually 429
oriented offense or child-victim oriented offense or was 430
adjudicated a delinquent child for committing a sexually oriented 431
offense or child-victim oriented offense and classified a juvenile 432
offender registrant, and who prior to that date was adjudicated a 433
sexual predator or adjudicated a child-victim predator, unless 434
either of the following applies:435

       (a) The sex offender or child-victim offender is reclassified 436
pursuant to section 2950.031 or 2950.032 of the Revised Code as a 437
tier I sex offender/child-victim offender or a tier II sex 438
offender/child-victim offender relative to the offense.439

       (b) The sex offender or child-victim offender is a delinquent 440
child, and a juvenile court, pursuant to section 2152.82, 2152.83, 441
2152.84, or 2152.85 of the Revised Code, classifies the child a 442
tier I sex offender/child-victim offender or a tier II sex 443
offender/child-victim offender relative to the offense.444

       (6) A sex offender who is convicted of, pleads guilty to, was 445
convicted of, or pleaded guilty to a sexually oriented offense, if 446
the sexually oriented offense and the circumstances in which it 447
was committed are such that division (F) of section 2971.03 of the 448
Revised Code automatically classifies the offender as a tier III 449
sex offender/child-victim offender;450

       (7) A sex offender or child-victim offender who is convicted 451
of, pleads guilty to, was convicted of, pleaded guilty to, is 452
adjudicated a delinquent child for committing, or was adjudicated 453
a delinquent child for committing a sexually oriented offense or 454
child-victim offense in another state, in a federal court, 455
military court, or Indian tribal court, or in a court in any 456
nation other than the United States if both of the following 457
apply:458

       (a) Under the law of the jurisdiction in which the offender 459
was convicted or pleaded guilty or the delinquent child was 460
adjudicated, the offender or delinquent child is in a category 461
substantially equivalent to a category of tier III sex 462
offender/child-victim offender described in division (G)(1), (2), 463
(3), (4), (5), or (6) of this section.464

       (b) Subsequent to the conviction, plea of guilty, or 465
adjudication in the other jurisdiction, the offender or delinquent 466
child resides, has temporary domicile, attends school or an 467
institution of higher education, is employed, or intends to reside 468
in this state in any manner and for any period of time that 469
subjects the offender or delinquent child to a duty to register or 470
provide notice of intent to reside under section 2950.04 or 471
2950.041 of the Revised Code.472

       (H) "Confinement" includes, but is not limited to, a 473
community residential sanction imposed pursuant to section 2929.16 474
or 2929.26 of the Revised Code.475

       (I) "Prosecutor" has the same meaning as in section 2935.01 476
of the Revised Code.477

       (J) "Supervised release" means a release of an offender from 478
a prison term, a term of imprisonment, or another type of 479
confinement that satisfies either of the following conditions:480

       (1) The release is on parole, a conditional pardon, under a 481
community control sanction, under transitional control, or under a 482
post-release control sanction, and it requires the person to 483
report to or be supervised by a parole officer, probation officer, 484
field officer, or another type of supervising officer.485

       (2) The release is any type of release that is not described 486
in division (J)(1) of this section and that requires the person to 487
report to or be supervised by a probation officer, a parole 488
officer, a field officer, or another type of supervising officer.489

       (K) "Sexually violent predator specification," "sexually 490
violent predator," "sexually violent offense," "sexual motivation 491
specification," "designated homicide, assault, or kidnapping 492
offense," and "violent sex offense" have the same meanings as in 493
section 2971.01 of the Revised Code.494

       (L) "Post-release control sanction" and "transitional 495
control" have the same meanings as in section 2967.01 of the 496
Revised Code.497

       (M) "Juvenile offender registrant" means a person who is 498
adjudicated a delinquent child for committing on or after January 499
1, 2002, a sexually oriented offense or a child-victim oriented 500
offense, who is fourteen years of age or older at the time of 501
committing the offense, and who a juvenile court judge, pursuant 502
to an order issued under section 2152.82, 2152.83, 2152.84, 503
2152.85, or 2152.86 of the Revised Code, classifies a juvenile 504
offender registrant and specifies has a duty to comply with 505
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised 506
Code. "Juvenile offender registrant" includes a person who prior 507
to January 1, 2008, was a "juvenile offender registrant" under the 508
definition of the term in existence prior to January 1, 2008, and 509
a person who prior to July 31, 2003, was a "juvenile sex offender 510
registrant" under the former definition of that former term.511

       (N) "Public registry-qualified juvenile offender registrant" 512
means a person who is adjudicated a delinquent child and on whom a 513
juvenile court has imposed a serious youthful offender 514
dispositional sentence under section 2152.13 of the Revised Code 515
before, on, or after January 1, 2008, and to whom all of the 516
following apply:517

       (1) The person is adjudicated a delinquent child for 518
committing, attempting to commit, conspiring to commit, or 519
complicity in committing one of the following acts:520

       (a) A violation of section 2907.02 of the Revised Code, 521
division (B) of section 2907.05 of the Revised Code, or section 522
2907.03 of the Revised Code if the victim of the violation was 523
less than twelve years of age;524

       (b) A violation of section 2903.01, 2903.02, or 2905.01 of 525
the Revised Code that was committed with a purpose to gratify the 526
sexual needs or desires of the child;527

       (c) A violation of division (B) of section 2903.03 of the 528
Revised Code.529

       (2) The person was fourteen, fifteen, sixteen, or seventeen 530
years of age at the time of committing the act.531

       (3) A juvenile court judge, pursuant to an order issued under 532
section 2152.86 of the Revised Code, classifies the person a 533
juvenile offender registrant, specifies the person has a duty to 534
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised 535
Code, and classifies the person a public registry-qualified 536
juvenile offender registrant, and the classification of the person 537
as a public registry-qualified juvenile offender registrant has 538
not been terminated pursuant to division (D) of section 2152.86 of 539
the Revised Code.540

       (O) "Secure facility" means any facility that is designed and 541
operated to ensure that all of its entrances and exits are locked 542
and under the exclusive control of its staff and to ensure that, 543
because of that exclusive control, no person who is 544
institutionalized or confined in the facility may leave the 545
facility without permission or supervision.546

       (P) "Out-of-state juvenile offender registrant" means a 547
person who is adjudicated a delinquent child in a court in another 548
state, in a federal court, military court, or Indian tribal court, 549
or in a court in any nation other than the United States for 550
committing a sexually oriented offense or a child-victim oriented 551
offense, who on or after January 1, 2002, moves to and resides in 552
this state or temporarily is domiciled in this state for more than 553
five days, and who has a duty under section 2950.04 or 2950.041 of 554
the Revised Code to register in this state and the duty to 555
otherwise comply with that applicable section and sections 2950.05 556
and 2950.06 of the Revised Code. "Out-of-state juvenile offender 557
registrant" includes a person who prior to January 1, 2008, was an 558
"out-of-state juvenile offender registrant" under the definition 559
of the term in existence prior to January 1, 2008, and a person 560
who prior to July 31, 2003, was an "out-of-state juvenile sex 561
offender registrant" under the former definition of that former 562
term.563

       (Q) "Juvenile court judge" includes a magistrate to whom the 564
juvenile court judge confers duties pursuant to division (A)(15) 565
of section 2151.23 of the Revised Code.566

       (R) "Adjudicated a delinquent child for committing a sexually 567
oriented offense" includes a child who receives a serious youthful 568
offender dispositional sentence under section 2152.13 of the 569
Revised Code for committing a sexually oriented offense.570

       (S) "School" and "school premises" have the same meanings as 571
in section 2925.01 of the Revised Code.572

       (T) "Residential premises" means the building in which a 573
residential unit is located and the grounds upon which that 574
building stands, extending to the perimeter of the property. 575
"Residential premises" includes any type of structure in which a 576
residential unit is located, including, but not limited to, 577
multi-unit buildings and mobile and manufactured homes.578

       (U) "Residential unit" means a dwelling unit for residential 579
use and occupancy, and includes the structure or part of a 580
structure that is used as a home, residence, or sleeping place by 581
one person who maintains a household or two or more persons who 582
maintain a common household. "Residential unit" does not include a 583
halfway house or a community-based correctional facility.584

       (V) "Multi-unit building" means a building in which is 585
located more than twelve residential units that have entry doors 586
that open directly into the unit from a hallway that is shared 587
with one or more other units. A residential unit is not considered 588
located in a multi-unit building if the unit does not have an 589
entry door that opens directly into the unit from a hallway that 590
is shared with one or more other units or if the unit is in a 591
building that is not a multi-unit building as described in this 592
division.593

       (W) "Community control sanction" has the same meaning as in 594
section 2929.01 of the Revised Code.595

       (X) "Halfway house" and "community-based correctional 596
facility" have the same meanings as in section 2929.01 of the 597
Revised Code.598

       Section 2.  That existing sections 2907.09 and 2950.01 of the 599
Revised Code are hereby repealed.600