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(123rd General Assembly)(Senate Bill Number 312)
To amend section 2905.05 of the Revised Code to expand the offense of criminal
child enticement to prohibit knowingly soliciting, coaxing, enticing, or
luring a child under fourteen years of age to accompany the person.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That section 2905.05 of the Revised Code be amended to read as
Sec. 2905.05. (A) No person, by any means and without
privilege to do so, shall knowingly solicit, coax, entice, or
lure any child under fourteen years of age to
enter accompany the
person in any manner, including entering into any
vehicle , as defined in section 4501.01 of the Revised Code,
whether or not the offender knows the age of the child, if both
of the following apply:
(1) The actor does not have the express or implied
permission of the parent, guardian, or other legal custodian of
the child in undertaking the activity;
(2) The actor is not a law enforcement officer, medic,
firefighter, or other person who regularly provides emergency
services, and is not an employee or agent of, or a volunteer
acting under the direction of, any board of education, or the
actor is any of such persons, but, at the time the actor
undertakes the activity, the actor is not acting within the scope of
the actor's lawful duties in that capacity.
(B) It is an affirmative defense to a charge under
division (A) of this section that the actor undertook the
activity in response to a bona fide emergency situation or that
the actor undertook the activity in a reasonable belief that it
was necessary to preserve the health, safety, or welfare of the
(C) Whoever violates this section is guilty of criminal
child enticement, a misdemeanor of the first degree. If the
offender previously has been convicted of a violation
section, section 2907.02, 2907.03, or 2907.12 of the
Revised Code, or section 2905.01 or 2907.05 of the
Revised Code when the victim of that prior offense was under
seventeen years of age at the time of the offense, criminal child
enticement is a felony of the fifth degree.
SECTION 2 . That existing section 2905.05 of the Revised Code is hereby