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Sub. H. B. No. 13 As Reported by the House Criminal Justice CommitteeAs Reported by the House Criminal Justice Committee
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Garrison, Harris
Cosponsors:
Representatives Yuko, Newcomb, Hagan, Murray, Phillips, Williams, B., DeBose, Bolon, Okey, Luckie, Fende, Lundy, Williams, S., Heard, Chandler
A BILL
To amend sections 2907.06, 2950.13, and 2950.99 and
to enact sections 2950.035 and 2950.044 of the
Revised Code to prohibit Tier III sex
offender/child victim offenders who have committed
specified offenses against a victim under 16 years
of age from knowingly being present on school
premises or preschool or child day-care center
premises and to increase the penalty for a first
offense of sexual imposition to a misdemeanor of
the first degree in specified circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2907.06, 2950.13, and 2950.99 be
amended and
sections 2950.035 and 2950.044 of the Revised Code
be enacted to read as follows:
Sec. 2907.06. (A) No person shall have sexual contact with
another, not the spouse of the offender; cause another, not the
spouse of the offender, to have sexual contact with the offender;
or cause two or more other persons to have sexual contact when any
of the following applies:
(1) The offender knows that the sexual contact is offensive
to the other person, or one of the other persons, or is reckless
in that regard.
(2) The offender knows that the other person's, or one of the
other person's, ability to appraise the nature of or control the
offender's or touching person's conduct is substantially impaired.
(3) The offender knows that the other person, or one of the
other persons, submits because of being unaware of the sexual
contact.
(4) The other person, or one of the other persons, is
thirteen years of age or older but less than sixteen years of age,
whether or not the offender knows the age of such person, and the
offender is at least eighteen years of age and four or more years
older than such other person.
(5) The offender is a mental health professional, the other
person or one of the other persons is a mental health client or
patient of the offender, and the offender induces the other person
who is the client or patient to submit by falsely representing to
the other person who is the client or patient that the sexual
contact is necessary for mental health treatment purposes.
(B) No person shall be convicted of a violation of this
section solely upon the victim's testimony unsupported by other
evidence.
(C)(1) Whoever violates this section is guilty of sexual
imposition,.
(2) A violation of division (A)(1), (2), or (3) of this
section is a misdemeanor of the third degree. If the offender
previously has been convicted of a violation of this section or of
section 2907.02, 2907.03, 2907.04, 2907.05, or 2907.12 of the
Revised Code, a violation of division (A)(1), (2), or (3) of this
section is a misdemeanor of the first degree.
(3) A violation of division (A)(4) or (5) of this section is
a misdemeanor of the first degree.
Sec. 2950.035. (A) No person who is eighteen years of age or
older, who is convicted of, pleads guilty to, has been convicted
of, or has pleaded guilty to any sexually oriented offense listed
in division (G)(1)(a), (c), (d), or (e) of section 2950.01 of the
Revised Code, whose victim was under sixteen years of age at the
time of the commission of that offense, and who is classified a
tier III sex offender/child-victim offender relative to that
offense shall knowingly be present on school premises or preschool
or child day-care center premises.
(B) No person who is eighteen years of age or older, who is
convicted of, pleads guilty to, has been convicted of, or has
pleaded guilty to a violation of division (B) of section 2907.05
of the Revised Code, and who is classified a tier III sex
offender/child-victim offender relative to that offense, shall
knowingly be present on school premises or preschool or child
day-care center premises.
(C) It is an affirmative defense to a charge under division
(A) or (B) of this section that the person who is knowingly
present on school premises or preschool or child day-care center
premises is a parent or guardian of a child who attends the
related school, preschool, or child day-care facility and is on
the premises for a legitimate purpose. A defendant may not assert
an affirmative defense under this division if the defendant
previously has been convicted of or pleaded guilty to two or more
violations of this section.
(D) Any registered elector who is unable because of division
(A) or (B) of this section to vote at a polling place located on
school premises or preschool or child day-care center premises may
vote at the board of elections by absent voter's ballot or by any
other method of voting permitted by the Revised Code.
(E) As used in this section:
(1) "Legitimate purpose" means any of the following:
(a) Picking up or dropping off the parent or guardian's child
prior to the start of or after the end of the school day or
preschool or child day-care session;
(b) Picking up or dropping off the parent or guardian's child
prior to the start of or after the end of a school-sponsored or
preschool or child day-care-sponsored activity, event, or program
in which the child is a participant;
(c) Attending a school-sponsored or preschool or child
day-care-sponsored activity, event, or program in which the parent
or guardian's child is a participant;
(d) Picking up the parent or guardian's child in the event of
an emergency, when the child is ill, or for a medical appointment,
or dropping off the child following a medical appointment;
(e) Attending a parent-teacher conference or other meeting
requested by a teacher, principal, administrator, or preschool or
child day-care worker.
(2) "Preschool or child day-care center premises" has the
same meaning as in section 2950.034 of the Revised Code.
Sec. 2950.044. A sheriff, or sheriff's designee, shall
provide written notice to any person who is classified as a tier
III sex offender/child-victim offender and who is prohibited from
knowingly being on school premises or preschool or child day-care
center premises under division (A) or (B) of section 2950.035 of
the Revised Code of the prohibitions contained in section 2950.035
of the Revised Code. The written notice shall include a statement
of the legitimate purposes specified under division (E)(1) of
section 2950.035 of the Revised Code for which the offender may be
present on school premises or preschool or child day-care center
premises.
A sheriff or sheriff's designee shall provide the notice to a
tier III sex offender/child-victim offender subject to the
prohibition under division (A) or (B) of section 2950.035 of the
Revised Code at the time of the offender's initial registration
under section 2950.04, 2950.041, 2950.05, or 2950.06 of the
Revised Code, or, if the offender is registered with a sheriff or
sheriff's designee under Chapter 2950. of the Revised Code as of
the effective date of this section, a sheriff or sheriff's
designee shall provide the notice to the offender at the time of a
sheriff's or sheriff designee's next contact with the offender
under Chapter 2950. of the Revised Code.
Sec. 2950.13. (A) The attorney general shall do all of the
following:
(1) No later than July 1, 1997, establish and maintain a
state registry of sex offenders and child-victim offenders that is
housed at the bureau of criminal identification and investigation
and that contains all of the registration, change of residence,
school, institution of higher education, or place of employment
address, and verification information the bureau receives pursuant
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code regarding each person who is convicted of, pleads guilty to,
has been convicted of, or has pleaded guilty to a sexually
oriented offense or a child-victim oriented offense and each
person who is or has been adjudicated a delinquent child for
committing a sexually oriented offense or a child-victim oriented
offense and is classified a juvenile offender registrant or is an
out-of-state juvenile offender registrant based on that
adjudication, all of the information the bureau receives pursuant
to section 2950.14 of the Revised Code, and any notice of an order
terminating or modifying an offender's or delinquent child's duty
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of
the Revised Code the bureau receives pursuant to section 2152.84,
2152.85, or 2950.15 of the Revised Code. For a person who was
convicted of or pleaded guilty to the sexually oriented offense or
child-victim related offense, the registry also shall indicate
whether the person was convicted of or pleaded guilty to the
offense in a criminal prosecution or in a serious youthful
offender case. The registry shall not be open to inspection by the
public or by any person other than a person identified in division
(A) of section 2950.08 of the Revised Code. In addition to the
information and material previously identified in this division,
the registry shall include all of the following regarding each
person who is listed in the registry:
(a) A citation for, and the name of, all sexually oriented
offenses or child-victim oriented offenses of which the person was
convicted, to which the person pleaded guilty, or for which the
person was adjudicated a delinquent child and that resulted in a
registration duty, and the date on which those offenses were
committed and a statement as to whether any of those offenses are
an offense included under the prohibition in division (A) or (B)
of section 2950.035 of the Revised Code;
(b) The text of the sexually oriented offenses or
child-victim oriented offenses identified in division (A)(1)(a) of
this section as those offenses existed at the time the person was
convicted of, pleaded guilty to, or was adjudicated a delinquent
child for committing those offenses, or a link to a database that
sets forth the text of those offenses;
(c) A statement as to whether the person is a tier I sex
offender/child-victim offender, a tier II sex
offender/child-victim offender, or a tier III sex
offender/child-victim offender for the sexually oriented offenses
or child-victim oriented offenses identified in division (A)(1)(a)
of this section;
(d) The community supervision status of the person,
including, but not limited to, whether the person is serving a
community control sanction and the nature of any such sanction,
whether the person is under supervised release and the nature of
the release, or regarding a juvenile, whether the juvenile is
under any type of release authorized under Chapter 2152. or 5139.
of the Revised Code and the nature of any such release;
(e) The offense and delinquency history of the person, as
determined from information gathered or provided under sections
109.57 and 2950.14 of the Revised Code;
(f) The bureau of criminal identification and investigation
tracking number assigned to the person if one has been so
assigned, the federal bureau of investigation number assigned to
the person if one has been assigned and the bureau of criminal
identification and investigation is aware of the number, and any
other state identification number assigned to the person of which
the bureau is aware;
(g) Fingerprints and palmprints of the person;
(h) A DNA specimen, as defined in section 109.573 of the
Revised Code, from the person;
(i) Whether the person has any outstanding arrest warrants;
(j) Whether the person is in compliance with the person's
duties under this chapter.
(2) In consultation with local law enforcement
representatives and no later than July 1, 1997, adopt rules that
contain guidelines necessary for the implementation of this
chapter;
(3) In consultation with local law enforcement
representatives, adopt rules for the implementation and
administration of the provisions contained in section 2950.11 of
the Revised Code that pertain to the notification of neighbors of
an offender or a delinquent child who has committed a sexually
oriented offense or a child-victim oriented offense and and is in
a category specified in division (F)(1) of that section and rules
that prescribe a manner in which victims of a sexually oriented
offense or a child-victim oriented offense committed by an
offender or a delinquent child who is in a category specified in
division (B)(1) of section 2950.10 of the Revised Code may make a
request that specifies that the victim would like to be provided
the notices described in divisions (A)(1) and (2) of section
2950.10 of the Revised Code;
(4) In consultation with local law enforcement
representatives and through the bureau of criminal identification
and investigation, prescribe the forms to be used by judges and
officials pursuant to section 2950.03 or 2950.032 of the Revised
Code to advise offenders and delinquent children of their duties
of filing a notice of intent to reside, registration, notification
of a change of residence, school, institution of higher education,
or place of employment address and registration of the new,
school, institution of higher education, or place of employment
address, as applicable, and address verification under sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and
prescribe the forms to be used by sheriffs relative to those
duties of filing a notice of intent to reside, registration,
change of residence, school, institution of higher education, or
place of employment address notification, and address
verification;
(5) Make copies of the forms prescribed under division (A)(4)
of this section available to judges, officials, and sheriffs;
(6) Through the bureau of criminal identification and
investigation, provide the notifications, the information and
materials, and the documents that the bureau is required to
provide to appropriate law enforcement officials and to the
federal bureau of investigation pursuant to sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code;
(7) Through the bureau of criminal identification and
investigation, maintain the verification forms returned under the
address verification mechanism set forth in section 2950.06 of the
Revised Code;
(8) In consultation with representatives of the officials,
judges, and sheriffs, adopt procedures for officials, judges, and
sheriffs to use to forward information, photographs, and
fingerprints to the bureau of criminal identification and
investigation pursuant to the requirements of sections 2950.03,
2950.04, 2950.041, 2950.05, 2950.06, and 2950.11 of the Revised
Code;
(9) In consultation with the director of education, the
director of job and family services, and the director of
rehabilitation and correction, adopt rules that contain guidelines
to be followed by boards of education of a school district,
chartered nonpublic schools or other schools not operated by a
board of education, preschool programs, child day-care centers,
type A family day-care homes, certified type B family day-care
homes, and institutions of higher education regarding the proper
use and administration of information received pursuant to section
2950.11 of the Revised Code relative to an offender or delinquent
child who has committed a sexually oriented offense or a
child-victim oriented offense and is in a category specified in
division (F)(1) of that section;
(10) In consultation with local law enforcement
representatives and no later than July 1, 1997, adopt rules that
designate a geographic area or areas within which the notice
described in division (B) of section 2950.11 of the Revised Code
must be given to the persons identified in divisions (A)(2) to (8)
and (A)(10) of that section;
(11) Through the bureau of criminal identification and
investigation, not later than January 1, 2004, establish and
operate on the internet a sex offender and child-victim offender
database that contains information for every offender who has
committed a sexually oriented offense or a child-victim oriented
offense and registers in any county in this state pursuant to
section 2950.04 or 2950.041 of the Revised Code and for every
delinquent child who has committed a sexually oriented offense, is
a public registry-qualified juvenile offender registrant, and
registers in any county in this state pursuant to either such
section. The bureau shall not include on the database the identity
of any offender's or public registry-qualified juvenile offender
registrant's victim, any offender's or public registry-qualified
juvenile offender registrant's social security number, the name of
any school or institution of higher education attended by any
offender or public registry-qualified juvenile offender
registrant, the name of the place of employment of any offender or
public registry-qualified juvenile offender registrant, any
tracking or identification number described in division (A)(1)(f)
of this section, or any information described in division (C)(7)
of section 2950.04 or 2950.041 of the Revised Code. The bureau
shall provide on the database, for each offender and each public
registry-qualified juvenile offender registrant, at least the
information specified in divisions (A)(11)(a) to (h) of this
section. Otherwise, the bureau shall determine the information to
be provided on the database for each offender and public
registry-qualified juvenile offender registrant and shall obtain
that information from the information contained in the state
registry of sex offenders and child-victim offenders described in
division (A)(1) of this section, which information, while in the
possession of the sheriff who provided it, is a public record open
for inspection as described in section 2950.081 of the Revised
Code. The bureau shall include in the public record the identity
of any registered offender who is subject to the prohibitions
under section 2950.035 of the Revised Code. The database is a
public record open for inspection under section 149.43 of the
Revised Code, and it shall be searchable by offender or public
registry-qualified juvenile offender registrant name, by county,
by zip code, and by school district. The database shall provide a
link to the web site of each sheriff who has established and
operates on the internet a sex offender and child-victim offender
database that contains information for offenders and public
registry-qualified juvenile offender registrants who register in
that county pursuant to section 2950.04 or 2950.041 of the Revised
Code, with the link being a direct link to the sex offender and
child-victim offender database for the sheriff. The bureau shall
provide on the database, for each offender and public
registry-qualified juvenile offender registrant, at least the
following information:
(a) The information described in divisions (A)(1)(a), (b),
(c), and (d) of this section relative to the offender or public
registry-qualified juvenile offender registrant;
(b) The address of the offender's or public
registry-qualified juvenile offender registrant's school,
institution of higher education, or place of employment provided
in a registration form;
(c) The information described in division (C)(6) of section
2950.04 or 2950.041 of the Revised Code;
(d) A chart describing which sexually oriented offenses and
child-victim oriented offenses are included in the definitions of
tier I sex offender/child-victim offender, tier II sex
offender/child-victim offender, and tier III sex
offender/child-victim offender;
(e) Fingerprints and palm prints palmprints of the offender
or public registry-qualified juvenile offender registrant and a
DNA specimen from the offender or public registry-qualified
juvenile offender registrant;
(f) The information set forth in division (B) of section
2950.11 of the Revised Code;
(g) Any outstanding arrest warrants for the offender or
public registry-qualified juvenile offender registrant;
(h) The offender's or public registry-qualified juvenile
offender registrant's compliance status with duties under this
chapter.
(12) Develop software to be used by sheriffs in establishing
on the internet a sex offender and child-victim offender database
for the public dissemination of some or all of the information and
materials described in division (A) of section 2950.081 of the
Revised Code that are public records under that division, that are
not prohibited from inclusion by division (B) of that section, and
that pertain to offenders and public registry-qualified juvenile
offender registrants who register in the sheriff's county pursuant
to section 2950.04 or 2950.041 of the Revised Code and for the
public dissemination of information the sheriff receives pursuant
to section 2950.14 of the Revised Code and, upon the request of
any sheriff, provide technical guidance to the requesting sheriff
in establishing on the internet such a database;
(13) Through the bureau of criminal identification and
investigation, not later than January 1, 2004, establish and
operate on the internet a database that enables local law
enforcement representatives to remotely search by electronic means
the state registry of sex offenders and child-victim offenders
described in division (A)(1) of this section and any information
and materials the bureau receives pursuant to sections 2950.04,
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The
database shall enable local law enforcement representatives to
obtain detailed information regarding each offender and delinquent
child who is included in the registry, including, but not limited
to the offender's or delinquent child's name, aliases, residence
address, name and address of any place of employment, school,
institution of higher education, if applicable, license plate
number of each vehicle identified in division (C)(5) of section
2950.04 or 2950.041 of the Revised Code to the extent applicable,
victim preference if available, date of most recent release from
confinement if applicable, fingerprints, and palmprints, all of
the information and material described in
division divisions
(A)(1)(a) to (h) of this section regarding the offender or
delinquent child, and other identification parameters the bureau
considers appropriate. The database is not a public record open
for inspection under section 149.43 of the Revised Code and shall
be available only to law enforcement representatives as described
in this division. Information obtained by local law enforcement
representatives through use of this database is not open to
inspection by the public or by any person other than a person
identified in division (A) of section 2950.08 of the Revised Code.
(14) Through the bureau of criminal identification and
investigation, maintain a list of requests for notice about a
specified offender or delinquent child or specified geographical
notification area made pursuant to division (J) of section 2950.11
of the Revised Code and, when an offender or delinquent child
changes residence to another county, forward any requests for
information about that specific offender or delinquent child to
the appropriate sheriff;
(15) Through the bureau of criminal identification and
investigation, establish and operate a system for the immediate
notification by electronic means of the appropriate officials in
other states specified in this division each time an offender or
delinquent child registers a residence, school, institution of
higher education, or place of employment address under section
2950.04 or 2950.041 of the revised Revised Code or provides a
notice of a change of address or registers a new address under
division (A) or (B) of section 2950.05 of the Revised Code. The
immediate notification by electronic means shall be provided to
the appropriate officials in each state in which the offender or
delinquent child is required to register a residence, school,
institution of higher education, or place of employment address.
The notification shall contain the offender's or delinquent
child's name and all of the information the bureau receives from
the sheriff with whom the offender or delinquent child registered
the address or provided the notice of change of address or
registered the new address.
(B) The attorney general in consultation with local law
enforcement representatives, may adopt rules that establish one or
more categories of neighbors of an offender or delinquent child
who, in addition to the occupants of residential premises and
other persons specified in division (A)(1) of section 2950.11 of
the Revised Code, must be given the notice described in division
(B) of that section.
(C) No person, other than a local law enforcement
representative, shall knowingly do any of the following:
(1) Gain or attempt to gain access to the database
established and operated by the attorney general, through the
bureau of criminal identification and investigation, pursuant to
division (A)(13) of this section.
(2) Permit any person to inspect any information obtained
through use of the database described in division (C)(1) of this
section, other than as permitted under that division.
(D) As used in this section, "local law enforcement
representatives" means representatives of the sheriffs of this
state, representatives of the municipal chiefs of police and
marshals of this state, and representatives of the township
constables and chiefs of police of the township police departments
or police district police forces of this state.
Sec. 2950.99. (A)(1)(a) Except as otherwise provided in
division (A)(1)(b) of this section, whoever violates a prohibition
in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised
Code shall be punished as follows:
(i) If the most serious sexually oriented offense that was
the basis of the registration, notice of intent to reside, change
of address notification, or address verification requirement that
was violated under the prohibition is aggravated murder or murder
if committed by an adult or a comparable category of offense
committed in another jurisdiction, the offender is guilty of a
felony of the first degree.
(ii) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony of the first, second,
third, or fourth degree if committed by an adult or a comparable
category of offense committed in another jurisdiction, the
offender is guilty of a felony of the same degree as the most
serious sexually oriented offense or child-victim oriented
offense that was the basis of the registration, notice of intent
to reside, change of address, or address verification requirement
that was violated under the prohibition, or, if the most serious
sexually oriented offense or child-victim oriented offense that
was the basis of the registration, notice of intent to reside,
change of address, or address verification requirement that was
violated under the prohibition is a comparable category of
offense committed in another jurisdiction, the offender is guilty
of a felony of the same degree as that offense committed in the
other jurisdiction would constitute if committed in this state.
(iii) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony of the fifth degree or
a misdemeanor if committed by an adult or a comparable category
of offense committed in another jurisdiction, the offender is
guilty of a felony of the fourth degree.
(b) If the offender previously has been convicted of or
pleaded guilty to, or previously has been adjudicated a delinquent
child for committing, a violation of a prohibition in section
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,
whoever violates a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code shall be punished as
follows:
(i) If the most serious sexually oriented offense that was
the basis of the registration, notice of intent to reside, change
of address notification, or address verification requirement that
was violated under the prohibition is aggravated murder or murder
if committed by an adult or a comparable category of offense
committed in another jurisdiction, the offender is guilty of a
felony of the first degree.
(ii) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony of the first, second,
or third degree if committed by an adult or a comparable category
of offense committed in another jurisdiction, the offender is
guilty of a felony of the same degree as the most serious
sexually oriented offense or child-victim oriented offense that
was the basis of the registration, notice of intent to reside,
change of address, or address verification requirement that was
violated under the prohibition, or, if the most serious sexually
oriented offense or child-victim oriented offense that was the
basis of the registration, notice of intent to reside, change of
address, or address verification requirement that was violated
under the prohibition is a comparable category of offense
committed in another jurisdiction, the offender is guilty of a
felony of the same degree as that offense committed in the other
jurisdiction would constitute if committed in this state.
(iii) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony of the fourth or fifth
degree if committed by an adult or a comparable category of
offense committed in another jurisdiction, the offender is guilty
of a felony of the third degree.
(iv) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a misdemeanor if committed by an
adult or a comparable category of offense committed in another
jurisdiction, the offender is guilty of a felony of the fourth
degree.
(2)(a) In addition to any penalty or sanction imposed under
division (A)(1) of this section or any other provision of law for
a violation of a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code, if the offender or
delinquent child is subject to a community control sanction, is on
parole, is subject to one or more post-release control sanctions,
or is subject to any other type of supervised release at the time
of the violation, the violation shall constitute a violation of
the terms and conditions of the community control sanction,
parole, post-release control sanction, or other type of supervised
release.
(b) In addition to any penalty or sanction imposed under
division (A)(1)(b)(i), (ii), or (iii) of this section or any other
provision of law for a violation of a prohibition in section
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the
offender previously has been convicted of or pleaded guilty to, or
previously has been adjudicated a delinquent child for committing,
a violation of a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code when the most serious
sexually oriented offense or child-victim oriented offense that
was the basis of the requirement that was violated under the
prohibition is a felony if committed by an adult or a comparable
category of offense committed in another jurisdiction, the court
imposing a sentence upon the offender shall impose a definite
prison term of no less than three years. The definite prison term
imposed under this section is not restricted by division (B) of
section 2929.14 of the Revised Code and shall not be reduced to
less than three years pursuant to Chapter 2967. or any other
provision of the Revised Code.
(3) As used in division (A)(1) of this section, "comparable
category of offense committed in another jurisdiction" means a
sexually oriented offense or child-victim oriented offense that
was the basis of the registration, notice of intent to reside,
change of address notification, or address verification
requirement that was violated, that is a violation of an existing
or former law of another state or the United States, an existing
or former law applicable in a military court or in an Indian
tribal court, or an existing or former law of any nation other
than the United States, and that, if it had been committed in this
state, would constitute or would have constituted aggravated
murder or murder for purposes of division (A)(1)(a)(i) of this
section, a felony of the first, second, third, or fourth degree
for purposes of division (A)(1)(a)(ii) of this section, a felony
of the fifth degree or a misdemeanor for purposes of division
(A)(1)(a)(iii) of this section, aggravated murder or murder for
purposes of division (A)(1)(b)(i) of this section, a felony of
the first, second, or third degree for purposes of division
(A)(1)(b)(ii) of this section, a felony of the fourth or fifth
degree for purposes of division (A)(1)(b)(iii) of this section,
or a misdemeanor for purposes of division (A)(1)(b)(iv) of this
section.
(B) If a person violates a prohibition in section 2950.04,
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to
the person as a result of the person being adjudicated a
delinquent child and being classified a juvenile offender
registrant or an out-of-state juvenile offender registrant, both
of the following apply:
(1) If the violation occurs while the person is under
eighteen years of age, the person is subject to proceedings under
Chapter 2152. of the Revised Code based on the violation.
(2) If the violation occurs while the person is eighteen
years of age or older, the person is subject to criminal
prosecution based on the violation.
(C) Whoever violates division (C) of section 2950.13 of the
Revised Code is guilty of a misdemeanor of the first degree.
(D) Whoever violates section 2950.035 of the Revised Code is
guilty of a misdemeanor of the second degree on a first offense, a
misdemeanor of the first degree on a second offense, and a felony
of the fifth degree on each subsequent offense.
Section 2. That existing sections 2907.06, 2950.13, and
2950.99 of the Revised Code are hereby repealed.
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