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(123rd General Assembly)(Substitute House Bill Number 724)
AN ACT
To amend sections 2907.07 and 2907.322 of the Revised Code to
expand the offense of importuning so that it prohibits soliciting another by
means of a computer or another telecommunications device to
engage in sexual activity under specified circumstances, to increase the
penalty for that offense in certain circumstances, and to enhance the
penalty for pandering sexually oriented matter
involving a minor in specified circumstances.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 2907.07 and 2907.322 of the Revised Code be amended
to read as follows:
Sec. 2907.07. (A) No person shall solicit a person under
who is less than thirteen years of age to engage in sexual activity
with the
offender, whether or not the offender knows the age of such
person. (B) No person shall solicit a person of the same sex to
engage in sexual activity with the offender, when the offender
knows such solicitation is offensive to the other person, or is
reckless in that regard. (C) No person shall solicit another, not the spouse of the
offender, to engage in sexual conduct with the offender, when the
offender is eighteen years of age or older and four or more years
older than the other person, and the other person is over twelve
but not over fifteen less than sixteen years of age, whether or
not the offender
knows the age of the other person. (D) No person shall solicit another by means of a telecommunications
device, as defined in section 2913.01 of the Revised Code,
to
engage in sexual activity with the offender when the offender is eighteen
years of age or older and either of the following applies: (1) The other person is less than thirteen years of age, and the
offender knows that the other person is less than thirteen years of age or
is reckless in that regard. (2) The other person is a law enforcement officer posing as a
person who is less than thirteen years of age, and the offender believes that
the
other person is less than thirteen years of age or is reckless in that
regard. (E) No person shall solicit another by means of a
telecommunications device, as defined in section 2913.01 of the
Revised Code, to engage in sexual
activity with the offender when the offender is eighteen years of age or older
and either of the
following applies: (1) The other person is over twelve but less than sixteen years of
age, and the offender knows that the other person is over twelve but
less than sixteen years of age or is reckless in that regard. (2) The other person is a law enforcement officer posing as a
person who is over twelve but less than sixteen years of age, and the
offender believes that the other person is over twelve but
less than sixteen years of age or is reckless in that regard. (F) Divisions (D) and (E) of this section apply
to any solicitation that is
contained in a transmission via a telecommunications device that either
originates in this state or is received in this state. (G) Whoever violates this section is guilty of
importuning. Violation of division (A) or (B) of this section is
a misdemeanor of the first degree. Violation of division (C) of
this section is a misdemeanor of the fourth degree.
A violation of division (A) or (D) of this section is a
felony of the fourth degree on a first offense and a felony of the third
degree on each
subsequent offense. A violation of division (C) or
(E) of this
section is a felony of the fifth degree on a first offense and a felony of the
fourth degree
on each subsequent offense. Sec. 2907.322. (A) No person, with knowledge of the
character of the material or performance involved, shall do any
of the following: (1) Create, record, photograph, film, develop, reproduce,
or publish any material that shows a minor participating or
engaging in sexual activity, masturbation, or bestiality; (2) Advertise for sale or dissemination, sell, distribute,
transport, disseminate, exhibit, or display any material that
shows a minor participating or engaging in sexual activity,
masturbation, or bestiality; (3) Create, direct, or produce a performance that shows a
minor participating or engaging in sexual activity, masturbation,
or bestiality; (4) Advertise for presentation, present, or participate in
presenting a performance that shows a minor participating or
engaging in sexual activity, masturbation, or bestiality; (5) Solicit Knowingly solicit, receive, purchase, exchange,
possess, or
control any material that shows a minor participating or engaging
in sexual activity, masturbation, or bestiality; (6) Bring or cause to be brought into this state any
material that shows a minor participating or engaging in sexual
activity, masturbation, or bestiality, or bring, cause to be
brought, or finance the bringing of any minor into or across this
state with the intent that the minor engage in sexual activity,
masturbation, or bestiality in a performance or for the purpose
of producing material containing a visual representation
depicting the minor engaged in sexual activity, masturbation, or
bestiality. (B)(1) This section does not apply to any material or
performance that is sold, disseminated, displayed, possessed,
controlled, brought or caused to be brought into this state, or
presented for a bona fide medical, scientific, educational,
religious, governmental, judicial, or other proper purpose, by or
to a physician, psychologist, sociologist, scientist, teacher,
person pursuing bona fide studies or research, librarian,
clergyman, prosecutor, judge, or other person having a proper
interest in the material or performance. (2) Mistake of age is not a defense to a charge under this
section. (3) In a prosecution under this section, the trier of fact
may infer that a person in the material or performance involved
is a minor if the material or performance, through its title,
text, visual representation, or otherwise, represents or depicts
the person as a minor. (C) Whoever violates this section is guilty of pandering
sexually oriented matter involving a minor. Violation of
division (A)(1), (2), (3), (4), or (6) of this section is a
felony of the second degree. Violation of division (A)(5) of
this section is a felony of the fifth fourth degree.
If the
offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2907.321 or 2907.323 of the
Revised Code, pandering sexually oriented matter involving a
minor in violation of division (A)(5) of this section is a felony
of the fourth third degree. SECTION 2 . That existing sections 2907.07 and 2907.322 of the Revised Code are
hereby repealed.
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