As Passed by the Senate

130th General Assembly
Regular Session
2013-2014
Sub. S. B. No. 64


Senators Beagle, Manning 

Cosponsors: Senators Balderson, Burke, Faber, Hughes, Jones, Lehner, Obhof, Peterson, Schaffer, Widener, LaRose, Coley, Hite, Jordan, Oelslager, Patton, Seitz, Uecker 

A BILL
To amend section 2905.05 of the Revised Code to 1
prohibit under the offense of criminal child 2
enticement an offender, for an unlawful purpose 3
and without privilege, consent, or a public safety 4
or education-related employment, from soliciting, 5
coaxing, enticing, or luring the child to 6
accompany the offender. 7


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

       Section 1. That section 2905.05 of the Revised Code be 8
amended to read as follows:9

       Sec. 2905.05.  (A) No person, by any means and without 10
privilege to do so, shall knowingly solicit, coax, entice, or lure 11
any child under fourteen years of age to accompany the person in 12
any manner, including entering into any vehicle or onto any 13
vessel, whether or not the offender knows the age of the child, if 14
both of the following apply:15

       (1) The actor does not have the express or implied permission 16
of the parent, guardian, or other legal custodian of the child in 17
undertaking the activity.18

       (2) The actor is not a law enforcement officer, medic, 19
firefighter, or other person who regularly provides emergency 20
services, and is not an employee or agent of, or a volunteer 21
acting under the direction of, any board of education, or the 22
actor is any of such persons, but, at the time the actor 23
undertakes the activity, the actor is not acting within the scope 24
of the actor's lawful duties in that capacity.25

       (B) No person, with a sexual motivation, shall violate 26
division (A) of this section.27

       (C) No person, for any unlawful purpose other than, or in 28
addition to, that proscribed by division (A) of this section, 29
shall engage in any activity described in division (A) of this 30
section.31

       (D) It is an affirmative defense to a charge under division 32
(A) of this section that the actor undertook the activity in 33
response to a bona fide emergency situation or that the actor 34
undertook the activity in a reasonable belief that it was 35
necessary to preserve the health, safety, or welfare of the child.36

       (D)(E) Whoever violates division (A), (B), or (C) of this 37
section is guilty of criminal child enticement, a misdemeanor of 38
the first degree. If the offender previously has been convicted of 39
a violation of this section, section 2907.02 or 2907.03 or former 40
section 2907.12 of the Revised Code, or section 2905.01 or 2907.05 41
of the Revised Code when the victim of that prior offense was 42
under seventeen years of age at the time of the offense, criminal 43
child enticement is a felony of the fifth degree.44

       (E)(F) As used in this section:45

       (1) "Sexual motivation" has the same meaning as in section 46
2971.01 of the Revised Code.47

       (2) "Vehicle" has the same meaning as in section 4501.01 of 48
the Revised Code.49

       (3) "Vessel" has the same meaning as in section 1547.01 of 50
the Revised Code.51

       Section 2. That existing section 2905.05 of the Revised Code 52
is hereby repealed.53