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S. B. No. 358 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend sections 2907.09 and 2950.01 of the Revised
Code to require an offender who purposely commits
the offense of public indecency under certain
circumstances involving conduct likely to be
viewed by minors to register as a Tier I sex
offender/child-victim offender.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2907.09 and 2950.01 of the Revised
Code be amended to read as follows:
Sec. 2907.09. (A) No person shall recklessly do any of the
following, under circumstances in which the person's conduct is
likely to be viewed by and affront others who are in the person's
physical proximity and who are not members of the person's
household:
(1) Expose the person's private parts;
(2) Engage in sexual conduct or masturbation;
(3) Engage in conduct that to an ordinary observer would
appear to be sexual conduct or masturbation.
(B) No person shall knowingly do any of the following, under
circumstances in which the person's conduct is likely to be viewed
by and affront another person who is a minor, who is not the
spouse of the offender, and who resides in the person's household:
(1) Engage in masturbation;
(2) Engage in sexual conduct;
(3) Engage in conduct that to an ordinary observer would
appear to be sexual conduct or masturbation;
(4) Expose the person's private parts with the purpose of
personal sexual arousal or gratification or to lure the minor into
sexual activity.
(C)(1) No person shall purposely do any of the following,
under circumstances in which the person's conduct is likely to be
viewed by and affront others who are in the person's physical
proximity, who are not members of the person's household, and who
are minors:
(1) Expose the person's private parts;
(2) Engage in sexual conduct or masturbation;
(3) Engage in conduct that to an ordinary observer would
appear to be sexual conduct or masturbation.
(D)(1) Whoever violates this section is guilty of public
indecency and shall be punished as provided in divisions
(C)(D)(2), (3), (4), and (5), (6), and (7) of this section.
(2) Except as otherwise provided in division
(C)(D)(2) of
this section, a violation of division (A)(1) of this section is a
misdemeanor of the fourth degree. If the offender previously has
been convicted of or pleaded guilty to one violation of this
section, a violation of division (A)(1) of this section is a
misdemeanor of the third degree or, if any person who was likely
to view and be affronted by the offender's conduct was a minor, a
misdemeanor of the second degree. If the offender previously has
been convicted of or pleaded guilty to two violations of this
section, a violation of division (A)(1) of this section is a
misdemeanor of the second degree or, if any person who was likely
to view and be affronted by the offender's conduct was a minor, a
misdemeanor of the first degree. If the offender previously has
been convicted of or pleaded guilty to three or more violations of
this section, a violation of division (A)(1) of this section is a
misdemeanor of the first degree or, if any person who was likely
to view and be affronted by the offender's conduct was a minor, a
felony of the fifth degree.
(3) Except as otherwise provided in division (C)(D)(3) of
this section, a violation of division (A)(2) or (3) of this
section is a misdemeanor of the third degree. If the offender
previously has been convicted of or pleaded guilty to one
violation of this section, a violation of division (A)(2) or (3)
of this section is a misdemeanor of the second degree or, if any
person who was likely to view and be affronted by the offender's
conduct was a minor, a misdemeanor of the first degree. If the
offender previously has been convicted of or pleaded guilty to two
or more violations of this section, a violation of division (A)(2)
or (3) of this section is a misdemeanor of the first degree or, if
any person who was likely to view and be affronted by the
offender's conduct was a minor, a felony of the fifth degree.
(4) Except as otherwise provided in division (C)(D)(4) of
this section, a violation of division (B)(1), (2), or (3) of this
section is a misdemeanor of the second degree. If the offender
previously has been convicted of or pleaded guilty to one
violation of this section, a violation of division (B)(1), (2), or
(3) of this section is a misdemeanor of the first degree. If the
offender previously has been convicted of or pleaded guilty to two
or more violations of this section, a violation of division
(B)(1), (2), or (3) of this section is a felony of the fifth
degree.
(5) Except as otherwise provided in division (C)(D)(5) of
this section, a violation of division (B)(4) of this section is a
misdemeanor of the first degree. If the offender previously has
been convicted of or pleaded guilty to any violation of this
section, a violation of division (B)(4) of this section is a
felony of the fifth degree.
(6) Except as otherwise provided in division (D)(6) of this
section, a violation of division (C)(1) of this section is a
misdemeanor of the fourth degree. If the offender previously has
been convicted of or pleaded guilty to one violation of this
section, a violation of division (C)(1) of this section is a
misdemeanor of the third degree. If the offender previously has
been convicted of or pleaded guilty to two violations of this
section, a violation of division (C)(1) of this section is a
misdemeanor of the second degree. If the offender previously has
been convicted of or pleaded guilty to three or more violations of
this section, a violation of division (C)(1) of this section is a
misdemeanor of the first degree.
(7) Except as otherwise provided in division (D)(7) of this
section, a violation of division (C)(2) or (3) of this section is
a misdemeanor of the third degree. If the offender previously has
been convicted of or pleaded guilty to one violation of this
section, a violation of division (C)(2) or (3) of this section is
a misdemeanor of the second degree. If the offender previously has
been convicted of or pleaded guilty to two or more violations of
this section, a violation of division (C)(2) or (3) of this
section is a misdemeanor of the first degree.
Sec. 2950.01. As used in this chapter, unless the context
clearly requires otherwise:
(A) "Sexually oriented offense" means any of the following
violations or offenses committed by a person, regardless of the
person's age:
(1) A violation of section 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.21, 2907.22, 2907.32, 2907.321,
2907.322, or 2907.323 of the Revised Code;
(2) A violation of section 2907.04 of the Revised Code when
the offender is less than four years older than the other person
with whom the offender engaged in sexual conduct, the other person
did not consent to the sexual conduct, and the offender previously
has not been convicted of or pleaded guilty to a violation of
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;
(3) A violation of section 2907.04 of the Revised Code when
the offender is at least four years older than the other person
with whom the offender engaged in sexual conduct or when the
offender is less than four years older than the other person with
whom the offender engaged in sexual conduct and the offender
previously has been convicted of or pleaded guilty to a violation
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;
(4) A violation of section 2903.01, 2903.02, or 2903.11 of
the Revised Code when the violation was committed with a sexual
motivation;
(5) A violation of division (A) of section 2903.04 of the
Revised Code when the offender committed or attempted to commit
the felony that is the basis of the violation with a sexual
motivation;
(6) A violation of division (A)(3) of section 2903.211 of the
Revised Code;
(7) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the offense is committed
with a sexual motivation;
(8) A violation of division (A)(4) of section 2905.01 of the
Revised Code;
(9) A violation of division (B) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age and the offender is not a parent of the victim of the
offense;
(10) A violation of division (B) of section 2903.03, of
division (B) of section 2905.02, of division (B) of section
2905.03, of division (B) of section 2905.05, or of division (B)(5)
of section 2919.22 of the Revised Code;
(11) A violation of section 2905.32 of the Revised Code when
the offender knowingly recruited, lured, enticed, isolated,
harbored, transported, provided, obtained, or maintained, or
knowingly attempted to recruit, lure, entice, isolate, harbor,
transport, provide, obtain, or maintain, another person knowing
that the person would be compelled to engage in sexual activity
for hire, engage in a performance that was obscene, sexually
oriented, or nudity oriented, or be a model or participant in the
production of material that was obscene, sexually oriented, or
nudity oriented;
(12) A violation of division (C) of section 2907.09 of the
Revised Code;
(13) A violation of any former law of this state, any
existing or former municipal ordinance or law of another state or
the United States, any existing or former law applicable in a
military court or in an Indian tribal court, or any existing or
former law of any nation other than the United States that is or
was substantially equivalent to any offense listed in division
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), or (11), or
(12) of this section;
(13)(14) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (A)(1),
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12), or
(13) of this section.
(B)(1) "Sex offender" means, subject to division (B)(2) of
this section, a person who is convicted of, pleads guilty to, has
been convicted of, has pleaded guilty to, is adjudicated a
delinquent child for committing, or has been adjudicated a
delinquent child for committing any sexually oriented offense.
(2) "Sex offender" does not include a person who is convicted
of, pleads guilty to, has been convicted of, has pleaded guilty
to, is adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing a sexually oriented
offense if the offense involves consensual sexual conduct or
consensual sexual contact and either of the following applies:
(a) The victim of the sexually oriented offense was eighteen
years of age or older and at the time of the sexually oriented
offense was not under the custodial authority of the person who is
convicted of, pleads guilty to, has been convicted of, has pleaded
guilty to, is adjudicated a delinquent child for committing, or
has been adjudicated a delinquent child for committing the
sexually oriented offense.
(b) The victim of the offense was thirteen years of age or
older, and the person who is convicted of, pleads guilty to, has
been convicted of, has pleaded guilty to, is adjudicated a
delinquent child for committing, or has been adjudicated a
delinquent child for committing the sexually oriented offense is
not more than four years older than the victim.
(C) "Child-victim oriented offense" means any of the
following violations or offenses committed by a person, regardless
of the person's age, when the victim is under eighteen years of
age and is not a child of the person who commits the violation:
(1) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the violation is not
included in division (A)(7) of this section;
(2) A violation of division (A) of section 2905.02, division
(A) of section 2905.03, or division (A) of section 2905.05 of the
Revised Code;
(3) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States that is or was
substantially equivalent to any offense listed in division (C)(1)
or (2) of this section;
(4) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (C)(1),
(2), or (3) of this section.
(D) "Child-victim offender" means a person who is convicted
of, pleads guilty to, has been convicted of, has pleaded guilty
to, is adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing any child-victim
oriented offense.
(E) "Tier I sex offender/child-victim offender" means any of
the following:
(1) A sex offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any of the following
sexually oriented offenses:
(a) A violation of section 2907.06, 2907.07, 2907.08,
2907.22, or 2907.32 of the Revised Code;
(b) A violation of section 2907.04 of the Revised Code when
the offender is less than four years older than the other person
with whom the offender engaged in sexual conduct, the other person
did not consent to the sexual conduct, and the offender previously
has not been convicted of or pleaded guilty to a violation of
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;
(c) A violation of division (A)(1), (2), (3), or (5) of
section 2907.05 of the Revised Code;
(d) A violation of division (A)(3) of section 2907.323 of the
Revised Code;
(e) A violation of division (A)(3) of section 2903.211, of
division (B) of section 2905.03, or of division (B) of section
2905.05 of the Revised Code;
(f) A violation of division (C) of section 2907.09 of the
Revised Code;
(g) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States, that is or was
substantially equivalent to any offense listed in division
(E)(1)(a), (b), (c), (d), or (e), or (f) of this section;
(g)(h) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (E)(1)(a),
(b), (c), (d), (e), or (f), or (g) of this section.
(2) A child-victim offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to a
child-victim oriented offense and who is not within either
category of child-victim offender described in division (F)(2) or
(G)(2) of this section.
(3) A sex offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any sexually oriented offense and who a juvenile court,
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies a tier I sex offender/child-victim
offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent
child for committing or has been adjudicated a delinquent child
for committing any child-victim oriented offense and who a
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies a tier I sex
offender/child-victim offender relative to the offense.
(F) "Tier II sex offender/child-victim offender" means any of
the following:
(1) A sex offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any of the following
sexually oriented offenses:
(a) A violation of section 2907.21, 2907.321, or 2907.322 of
the Revised Code;
(b) A violation of section 2907.04 of the Revised Code when
the offender is at least four years older than the other person
with whom the offender engaged in sexual conduct, or when the
offender is less than four years older than the other person with
whom the offender engaged in sexual conduct and the offender
previously has been convicted of or pleaded guilty to a violation
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or
former section 2907.12 of the Revised Code;
(c) A violation of division (A)(4) of section 2907.05 or of
division (A)(1) or (2) of section 2907.323 of the Revised Code;
(d) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the offense is committed
with a sexual motivation;
(e) A violation of division (A)(4) of section 2905.01 of the
Revised Code when the victim of the offense is eighteen years of
age or older;
(f) A violation of division (B) of section 2905.02 or of
division (B)(5) of section 2919.22 of the Revised Code;
(g) A violation of section 2905.32 of the Revised Code when
the offender knowingly recruited, lured, enticed, isolated,
harbored, transported, provided, obtained, or maintained, or
knowingly attempted to recruit, lure, entice, isolate, harbor,
transport, provide, obtain, or maintain, another person knowing
that the person would be compelled to engage in sexual activity
for hire, engage in a performance that was obscene, sexually
oriented, or nudity oriented, or be a model or participant in the
production of material that was obscene, sexually oriented, or
nudity oriented;
(h) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States that is or was
substantially equivalent to any offense listed in division
(F)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;
(i) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (F)(1)(a),
(b), (c), (d), (e), (f), (g), or (h) of this section;
(j) Any sexually oriented offense that is committed after the
sex offender previously has been convicted of, pleaded guilty to,
or has been adjudicated a delinquent child for committing any
sexually oriented offense or child-victim oriented offense for
which the offender was classified a tier I sex
offender/child-victim offender.
(2) A child-victim offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to any
child-victim oriented offense when the child-victim oriented
offense is committed after the child-victim offender previously
has been convicted of, pleaded guilty to, or been adjudicated a
delinquent child for committing any sexually oriented offense or
child-victim oriented offense for which the offender was
classified a tier I sex offender/child-victim offender.
(3) A sex offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any sexually oriented offense and who a juvenile court,
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies a tier II sex offender/child-victim
offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent
child for committing or has been adjudicated a delinquent child
for committing any child-victim oriented offense and whom a
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies a tier II sex
offender/child-victim offender relative to the current offense.
(5) A sex offender or child-victim offender who is not in any
category of tier II sex offender/child-victim offender set forth
in division (F)(1), (2), (3), or (4) of this section, who prior to
January 1, 2008, was adjudicated a delinquent child for committing
a sexually oriented offense or child-victim oriented offense, and
who prior to that date was determined to be a habitual sex
offender or determined to be a habitual child-victim offender,
unless either of the following applies:
(a) The sex offender or child-victim offender is reclassified
pursuant to section 2950.031 or 2950.032 of the Revised Code as a
tier I sex offender/child-victim offender or a tier III sex
offender/child-victim offender relative to the offense.
(b) A juvenile court, pursuant to section 2152.82, 2152.83,
2152.84, or 2152.85 of the Revised Code, classifies the child a
tier I sex offender/child-victim offender or a tier III sex
offender/child-victim offender relative to the offense.
(G) "Tier III sex offender/child-victim offender" means any
of the following:
(1) A sex offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any of the following
sexually oriented offenses:
(a) A violation of section 2907.02 or 2907.03 of the Revised
Code;
(b) A violation of division (B) of section 2907.05 of the
Revised Code;
(c) A violation of section 2903.01, 2903.02, or 2903.11 of
the Revised Code when the violation was committed with a sexual
motivation;
(d) A violation of division (A) of section 2903.04 of the
Revised Code when the offender committed or attempted to commit
the felony that is the basis of the violation with a sexual
motivation;
(e) A violation of division (A)(4) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age;
(f) A violation of division (B) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age and the offender is not a parent of the victim of the
offense;
(g) A violation of division (B) of section 2903.03 of the
Revised Code;
(h) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States that is or was
substantially equivalent to any offense listed in division
(G)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;
(i) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (G)(1)(a),
(b), (c), (d), (e), (f), (g), or (h) of this section;
(j) Any sexually oriented offense that is committed after the
sex offender previously has been convicted of, pleaded guilty to,
or been adjudicated a delinquent child for committing any sexually
oriented offense or child-victim oriented offense for which the
offender was classified a tier II sex offender/child-victim
offender or a tier III sex offender/child-victim offender.
(2) A child-victim offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to any
child-victim oriented offense when the child-victim oriented
offense is committed after the child-victim offender previously
has been convicted of, pleaded guilty to, or been adjudicated a
delinquent child for committing any sexually oriented offense or
child-victim oriented offense for which the offender was
classified a tier II sex offender/child-victim offender or a tier
III sex offender/child-victim offender.
(3) A sex offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any sexually oriented offense and who a juvenile court,
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies a tier III sex offender/child-victim
offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent
child for committing or has been adjudicated a delinquent child
for committing any child-victim oriented offense and whom a
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies a tier III sex
offender/child-victim offender relative to the current offense.
(5) A sex offender or child-victim offender who is not in any
category of tier III sex offender/child-victim offender set forth
in division (G)(1), (2), (3), or (4) of this section, who prior to
January 1, 2008, was convicted of or pleaded guilty to a sexually
oriented offense or child-victim oriented offense or was
adjudicated a delinquent child for committing a sexually oriented
offense or child-victim oriented offense and classified a juvenile
offender registrant, and who prior to that date was adjudicated a
sexual predator or adjudicated a child-victim predator, unless
either of the following applies:
(a) The sex offender or child-victim offender is reclassified
pursuant to section 2950.031 or 2950.032 of the Revised Code as a
tier I sex offender/child-victim offender or a tier II sex
offender/child-victim offender relative to the offense.
(b) The sex offender or child-victim offender is a delinquent
child, and a juvenile court, pursuant to section 2152.82, 2152.83,
2152.84, or 2152.85 of the Revised Code, classifies the child a
tier I sex offender/child-victim offender or a tier II sex
offender/child-victim offender relative to the offense.
(6) A sex offender who is convicted of, pleads guilty to, was
convicted of, or pleaded guilty to a sexually oriented offense, if
the sexually oriented offense and the circumstances in which it
was committed are such that division (F) of section 2971.03 of the
Revised Code automatically classifies the offender as a tier III
sex offender/child-victim offender;
(7) A sex offender or child-victim offender who is convicted
of, pleads guilty to, was convicted of, pleaded guilty to, is
adjudicated a delinquent child for committing, or was adjudicated
a delinquent child for committing a sexually oriented offense or
child-victim offense in another state, in a federal court,
military court, or Indian tribal court, or in a court in any
nation other than the United States if both of the following
apply:
(a) Under the law of the jurisdiction in which the offender
was convicted or pleaded guilty or the delinquent child was
adjudicated, the offender or delinquent child is in a category
substantially equivalent to a category of tier III sex
offender/child-victim offender described in division (G)(1), (2),
(3), (4), (5), or (6) of this section.
(b) Subsequent to the conviction, plea of guilty, or
adjudication in the other jurisdiction, the offender or delinquent
child resides, has temporary domicile, attends school or an
institution of higher education, is employed, or intends to reside
in this state in any manner and for any period of time that
subjects the offender or delinquent child to a duty to register or
provide notice of intent to reside under section 2950.04 or
2950.041 of the Revised Code.
(H) "Confinement" includes, but is not limited to, a
community residential sanction imposed pursuant to section 2929.16
or 2929.26 of the Revised Code.
(I) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(J) "Supervised release" means a release of an offender from
a prison term, a term of imprisonment, or another type of
confinement that satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon, under a
community control sanction, under transitional control, or under a
post-release control sanction, and it requires the person to
report to or be supervised by a parole officer, probation officer,
field officer, or another type of supervising officer.
(2) The release is any type of release that is not described
in division (J)(1) of this section and that requires the person to
report to or be supervised by a probation officer, a parole
officer, a field officer, or another type of supervising officer.
(K) "Sexually violent predator specification," "sexually
violent predator," "sexually violent offense," "sexual motivation
specification," "designated homicide, assault, or kidnapping
offense," and "violent sex offense" have the same meanings as in
section 2971.01 of the Revised Code.
(L) "Post-release control sanction" and "transitional
control" have the same meanings as in section 2967.01 of the
Revised Code.
(M) "Juvenile offender registrant" means a person who is
adjudicated a delinquent child for committing on or after January
1, 2002, a sexually oriented offense or a child-victim oriented
offense, who is fourteen years of age or older at the time of
committing the offense, and who a juvenile court judge, pursuant
to an order issued under section 2152.82, 2152.83, 2152.84,
2152.85, or 2152.86 of the Revised Code, classifies a juvenile
offender registrant and specifies has a duty to comply with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code. "Juvenile offender registrant" includes a person who prior
to January 1, 2008, was a "juvenile offender registrant" under the
definition of the term in existence prior to January 1, 2008, and
a person who prior to July 31, 2003, was a "juvenile sex offender
registrant" under the former definition of that former term.
(N) "Public registry-qualified juvenile offender registrant"
means a person who is adjudicated a delinquent child and on whom a
juvenile court has imposed a serious youthful offender
dispositional sentence under section 2152.13 of the Revised Code
before, on, or after January 1, 2008, and to whom all of the
following apply:
(1) The person is adjudicated a delinquent child for
committing, attempting to commit, conspiring to commit, or
complicity in committing one of the following acts:
(a) A violation of section 2907.02 of the Revised Code,
division (B) of section 2907.05 of the Revised Code, or section
2907.03 of the Revised Code if the victim of the violation was
less than twelve years of age;
(b) A violation of section 2903.01, 2903.02, or 2905.01 of
the Revised Code that was committed with a purpose to gratify the
sexual needs or desires of the child;
(c) A violation of division (B) of section 2903.03 of the
Revised Code.
(2) The person was fourteen, fifteen, sixteen, or seventeen
years of age at the time of committing the act.
(3) A juvenile court judge, pursuant to an order issued under
section 2152.86 of the Revised Code, classifies the person a
juvenile offender registrant, specifies the person has a duty to
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised
Code, and classifies the person a public registry-qualified
juvenile offender registrant, and the classification of the person
as a public registry-qualified juvenile offender registrant has
not been terminated pursuant to division (D) of section 2152.86 of
the Revised Code.
(O) "Secure facility" means any facility that is designed and
operated to ensure that all of its entrances and exits are locked
and under the exclusive control of its staff and to ensure that,
because of that exclusive control, no person who is
institutionalized or confined in the facility may leave the
facility without permission or supervision.
(P) "Out-of-state juvenile offender registrant" means a
person who is adjudicated a delinquent child in a court in another
state, in a federal court, military court, or Indian tribal court,
or in a court in any nation other than the United States for
committing a sexually oriented offense or a child-victim oriented
offense, who on or after January 1, 2002, moves to and resides in
this state or temporarily is domiciled in this state for more than
five days, and who has a duty under section 2950.04 or 2950.041 of
the Revised Code to register in this state and the duty to
otherwise comply with that applicable section and sections 2950.05
and 2950.06 of the Revised Code. "Out-of-state juvenile offender
registrant" includes a person who prior to January 1, 2008, was an
"out-of-state juvenile offender registrant" under the definition
of the term in existence prior to January 1, 2008, and a person
who prior to July 31, 2003, was an "out-of-state juvenile sex
offender registrant" under the former definition of that former
term.
(Q) "Juvenile court judge" includes a magistrate to whom the
juvenile court judge confers duties pursuant to division (A)(15)
of section 2151.23 of the Revised Code.
(R) "Adjudicated a delinquent child for committing a sexually
oriented offense" includes a child who receives a serious youthful
offender dispositional sentence under section 2152.13 of the
Revised Code for committing a sexually oriented offense.
(S) "School" and "school premises" have the same meanings as
in section 2925.01 of the Revised Code.
(T) "Residential premises" means the building in which a
residential unit is located and the grounds upon which that
building stands, extending to the perimeter of the property.
"Residential premises" includes any type of structure in which a
residential unit is located, including, but not limited to,
multi-unit buildings and mobile and manufactured homes.
(U) "Residential unit" means a dwelling unit for residential
use and occupancy, and includes the structure or part of a
structure that is used as a home, residence, or sleeping place by
one person who maintains a household or two or more persons who
maintain a common household. "Residential unit" does not include a
halfway house or a community-based correctional facility.
(V) "Multi-unit building" means a building in which is
located more than twelve residential units that have entry doors
that open directly into the unit from a hallway that is shared
with one or more other units. A residential unit is not considered
located in a multi-unit building if the unit does not have an
entry door that opens directly into the unit from a hallway that
is shared with one or more other units or if the unit is in a
building that is not a multi-unit building as described in this
division.
(W) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(X) "Halfway house" and "community-based correctional
facility" have the same meanings as in section 2929.01 of the
Revised Code.
Section 2. That existing sections 2907.09 and 2950.01 of the
Revised Code are hereby repealed.
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