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S. B. No. 160As Passed by the Senate
As Passed by the Senate
| 125th General Assembly | | Regular Session | | 2003-2004 |
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SENATORS Wachtmann, Amstutz, Blessing, Carey, Robert Gardner, Goodman, Harris, Jacobson, Jordan, Schuler, Schuring, Spada, Stivers, Fedor, Armbruster, Dann, Padgett
A BILLTo amend section 2905.05 of the Revised Code to specifically identify vessels as places that are within the offense of criminal child enticement. Section 1. That section 2905.05 of the Revised Code be amended to read as follows: 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 accompany the
person in
any manner, including entering into any
vehicle as defined in
section 4501.01 of the Revised Code or onto any vessel,
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
child. (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
of this
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. (D) As used in this section: (1) "Vehicle" has the same meaning as in section 4501.01 of the Revised Code. (2) "Vessel" has the same meaning as in section 1547.01 of the Revised Code. Section 2. That existing section 2905.05 of the Revised Code is hereby repealed. |
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