To enact section 2927.05 of the Revised Code to prohibit a person from using a deceased soldier's persona for a commercial purpose without written consent.

Section 1.  That section 2927.05 of the Revised Code be enacted to read as follows:

Sec. 2927.05.  (A) As used in this section:

(1) "Commercial purpose," "persona," and "written consent" have the same meanings as in section 2741.01 of the Revised Code.

(2) "Deceased soldier" means an officer or enlisted member of the army, navy, air force, marine corps, or coast guard of the United States, the reserve forces of the United States, the Ohio national guard, the Ohio military reserve, or the Ohio naval militia who dies as a result of injuries sustained in the line of duty.

(B) No person shall use any aspect of a deceased soldier's persona for a commercial purpose without obtaining the written consent to use the deceased soldier's persona for a commercial purpose from the deceased soldier or from the deceased soldier's spouse or next of kin.

(C) Whoever violates division (B) of this section is guilty of using a deceased soldier's persona for a commercial purpose, a misdemeanor of the first degree.

(D) The prosecution of an offender for a violation of this section does not prohibit a person described in section 2741.06 of the Revised Code from bringing a civil action against the offender pursuant to that section for acts that are the basis of the violation of this section of which the offender was convicted.