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H. B. No. 23 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors: Representatives McGregor, J., Skindell, Stebelton, Dodd, Brown, Koziura
A BILL
To amend sections 2907.03 and 2907.08 of the Revised Code to include security guards as persons of authority for purposes of the offenses of sexual battery and voyeurism.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2907.03 and 2907.08 of the Revised Code be amended to read as follows:
Sec. 2907.03. (A) No person shall engage in sexual
conduct
with another, not the spouse of the offender, when any of
the
following apply: (1) The offender knowingly coerces the other person to
submit by any means that would prevent resistance by a person of
ordinary resolution. (2) The offender knows that the other person's ability to
appraise the nature of or control the other person's
own conduct
is substantially impaired. (3) The offender knows that the other person submits
because
the other person is unaware that the act is
being committed. (4) The offender knows that the other person submits
because
the other person mistakenly identifies the offender as the other
person's spouse. (5) The offender is the other person's natural or adoptive
parent, or a stepparent, or guardian, custodian, or person in
loco
parentis of the other person. (6) The other person is in custody of law or a patient in
a
hospital or other institution, and the offender has supervisory
or
disciplinary authority over the other person. (7) The offender is a teacher, administrator, coach, security guard, or
other person in
authority employed by or serving in a school for
which the state board of
education prescribes minimum standards
pursuant to division (D) of section
3301.07 of the Revised Code,
the other person is
enrolled in or attends that school, and the
offender is not enrolled in and
does not attend that school. (8) The other person is a minor, the offender is a teacher,
administrator, coach, security guard, or other person in authority employed by or
serving in
an institution of higher education, and the other
person is enrolled in or attends that institution. (9) The other person is a minor, and the offender is the
other person's
athletic or other type of coach, is the other
person's instructor, is the
leader of a scouting troop of which
the other person is a member, or is a
person with temporary or
occasional disciplinary control over the other
person. (10) The offender is a mental health professional, the other
person is a mental health client or patient of the offender, and
the offender induces the other person to submit by falsely
representing to the other person that the
sexual conduct is
necessary for mental health treatment purposes. (11) The other person is confined in a detention facility,
and the offender is an employee of that detention facility.
(12) The other person is a minor, the offender is a cleric, and the other person is a member of, or attends, the church or congregation served by the cleric. (B) Whoever violates this section is guilty of sexual
battery. Except as otherwise provided in this division, sexual battery is a felony of the third degree. If the other person is less than thirteen years of age, sexual battery is a felony of the second degree, and the court shall impose upon the offender a mandatory prison term equal to one of the prison terms prescribed in section 2929.14 of the Revised Code for a felony of the second degree. (C) As used in this section: (1) "Cleric" has the same meaning as in section 2317.02 of the Revised Code. (2) "Detention facility" has the same meaning as in section
2921.01 of the Revised Code. (3) "Institution of higher
education" means a state
institution of higher education defined
in section
3345.011 of the
Revised
Code, a private nonprofit
college or university located in
this state that
possesses a
certificate of authorization issued by
the Ohio board of regents
pursuant to Chapter 1713. of the Revised
Code, or a school
certified under
Chapter 3332. of the Revised
Code.
Sec. 2907.08. (A) No person, for the purpose of sexually
arousing or
gratifying the person's self, shall commit
trespass or
otherwise
surreptitiously invade the privacy of another, to spy or
eavesdrop upon
another. (B) No person, for the purpose of sexually arousing or
gratifying the
person's self, shall commit trespass or otherwise
surreptitiously invade the
privacy of another to videotape, film, photograph, or otherwise record the
other person in a state of nudity. (C) No person, for the purpose of sexually arousing or
gratifying
the
person's self, shall commit trespass or otherwise
surreptitiously invade the
privacy of another to videotape, film, photograph, or otherwise record the
other person in a state of nudity if the
other person is a minor. (D) No person, for the purpose of
sexually arousing or
gratifying the person's self, shall commit trespass or
otherwise
surreptitiously invade the privacy of another to videotape, film, photograph, or otherwise record the
other
person in a state of nudity if the other person is a minor
and any of the
following applies: (1) The offender is the minor's natural or adoptive parent,
stepparent,
guardian, or custodian, or person in loco parentis of
the minor. (2) The minor is in custody of law or is a patient in a
hospital or other
institution, and the offender has supervisory or
disciplinary authority over
the minor. (3) The offender is a teacher, administrator, coach, security guard, or
other person in
authority employed by or serving in a school for
which the state board of
education prescribes minimum standards
pursuant to division
(D) of section 3301.07 of the
Revised Code,
the minor is enrolled in or attends that school, and the offender
is not
enrolled in and does not attend that school. (4) The offender is a teacher, administrator, coach, security guard, or
other person in
authority employed by or serving in an institution
of higher education, and
the
minor is enrolled in or attends that
institution. (5) The offender is a caregiver, administrator, security guard, or other
person in
authority employed by or serving in a child day-care
center, type
A family day-care home, or type
B family day-care
home, and the minor is
enrolled in or attends that center or home. (6) The offender is the minor's athletic or other type of
coach, is the
minor's instructor, is the leader of a scouting
troop of which the minor is a
member, provides babysitting care
for the minor, or is a person
with temporary or occasional
disciplinary control over the minor. (E) No person shall secretly or surreptitiously
videotape,
film, photograph, or otherwise record another person
under or
through
the clothing being worn by that other person for the
purpose of
viewing the body of, or
the undergarments worn by, that
other person. (F)(1) Whoever violates this section is guilty of
voyeurism. (2) A violation of division (A) of this
section is a
misdemeanor of the third degree. (3) A violation of division (B)
of this section is a
misdemeanor of the second degree. (4) A violation of division (C) or (E) of this
section is a
misdemeanor of the first degree. (5) A violation of division (D) of this
section is a felony
of the fifth degree. (G) As used in this section: (1)
"Institution of higher education" means a state
institution of higher
education as defined in section 3345.031 of
the
Revised Code,
a private nonprofit college or university
located in this state that possesses
a certificate of
authorization issued by the
Ohio board of regents pursuant to
Chapter 1713. of the
Revised Code,
or a school certified under
Chapter 3332. of
the Revised
Code. (2)
"Child day-care center,"
"type A
family day-care home,"
and
"type B family
day-care home" have the same meanings as in
section 5104.01 of the
Revised
Code. (3)
"Babysitting care" means care provided for a child while
the parents,
guardian, or legal custodian of the child is
temporarily away.
Section 2. That existing sections 2907.03 and 2907.08 of the Revised Code are hereby repealed.
Section 3. Section 2907.03 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 95 and Am. Sub. S.B. 17 of
the 126th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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