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Sub. S. B. No. 64 As Reported by the House Judiciary CommitteeAs Reported by the House Judiciary Committee
|130th General Assembly|
Senators Balderson, Burke, Faber, Hughes, Jones, Lehner, Obhof, Peterson, Schaffer, Widener, LaRose, Coley, Hite, Jordan, Oelslager, Patton, Seitz, Uecker
To amend section 2905.05 of the Revised Code to
prohibit under the offense of criminal child
enticement an offender, for an unlawful purpose
and without privilege, consent, or a public safety
or education-related employment, from soliciting,
coaxing, enticing, or luring the child to
accompany the offender and to declare an
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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 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) No person, with a sexual motivation, shall violate
division (A) of this section.
(C) No person, for any unlawful purpose other than, or in
addition to, that proscribed by division (A) of this section,
shall engage in any activity described in division (A) of this
(D) 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.
(D)(E) Whoever violates division (A), (B), or (C) of 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 or 2907.03 or former
section 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.
(E)(F) As used in this section:
(1) "Sexual motivation" has the same meaning as in section
2971.01 of the Revised Code.
(2) "Vehicle" has the same meaning as in section 4501.01 of
the Revised Code.
(3) "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.
Section 3. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is to
protect minors who are vulnerable victims of the offense of
criminal child enticement modified in this act. Therefore this act
shall go into immediate effect.