As Reported by the House Judiciary Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 130

Representative Fedor 

Cosponsors: Representatives Antonio, Ashford, Barborak, Barnes, Bishoff, Boose, Boyce, Boyd, Brown, Buchy, Budish, Carney, Celebrezze, Cera, Clyde, Curtin, Derickson, Dovilla, Driehaus, Foley, Gerberry, Green, Hagan, R., Hall, Heard, Henne, Letson, Lundy, Maag, Mallory, Milkovich, O'Brien, Patmon, Patterson, Pelanda, Phillips, Pillich, Ramos, Redfern, Reece, Rogers, Schuring, Slesnick, Stautberg, Stebelton, Stinziano, Strahorn, Sykes, Szollosi, Terhar, Williams, Winburn, Butler 

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A BILL

To amend sections 109.54, 2151.414, 2151.419,

1

2901.13, 2905.32, 2907.02, 2907.05, 2907.07,

2

2907.22, 2907.24, 2907.241, 2907.25, 2929.01,

3

2937.11, and 2950.01 and to enact sections

4

149.435, 2907.19, and 2927.17 of the Revised Code

5

to authorize a judge or magistrate to order the

6

testimony of a victim of trafficking in persons to

7

be taken by closed circuit television equipment

8

under certain circumstances, to prohibit the

9

disclosure of names or other information in a

10

routine police report that is highly likely to

11

identify an alleged delinquent child arrestee who

12

is abused and under 18, to specify that a public

13

children services agency or private child

14

placement agency is not required to make

15

reasonable efforts to prevent the removal of a

16

child from the child's home, eliminate the

17

continued removal of a child from the child's

18

home, or return a child to the child's home and

19

that a court find that a child cannot be placed

20

with either parent under specified circumstances,

21

to extend the period within which a prosecution

22

for trafficking in persons must be commenced from

23

six to twenty years after the offense is

24

committed, to specify that the Rape Shield Law

25

applies to evidence of a rape victim's involuntary

26

sexual activity as well as evidence of a rape

27

victim's voluntary sexual activity, to prohibit

28

the admission of evidence pertaining to a victim's

29

sexual activity in a case of trafficking in

30

persons in the same manner as the Rape Shield Law

31

does in a case of rape, to eliminate as an element

32

of the offense of importuning the offender's

33

knowledge or reckless disregard of the age of the

34

person importuned when the person importuned is a

35

victim of trafficking in persons who is 16 or 17

36

years of age, to provide that a minor or

37

developmentally disabled person is a victim of

38

trafficking in persons if recruited or otherwise

39

obtained or held to engage in certain specified

40

sexual, nudity, or obscenity related activities,

41

to include in the offense of promoting

42

prostitution certain specified activities that

43

through electronic means promotes or facilitates

44

sexual activity for hire, to increase the penalty

45

for soliciting when the person solicited is a

46

minor, to create an affirmative defense that a

47

defendant charged with soliciting or prostitution

48

after a positive HIV test was being trafficked, to

49

require offenders convicted of solicitation when

50

the person solicited is under 18 years of age to

51

register as sex offenders, to prohibit the

52

advertisement of massage or massage techniques or

53

methods unless certain circumstances apply, and to

54

declare an emergency.

55

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 109.54, 2151.414, 2151.419, 2901.13,	56
2905.32, 2907.02, 2907.05, 2907.07, 2907.22, 2907.24, 2907.241,	57
2907.25, 2929.01, 2937.11, and 2950.01 be amended and sections	58
149.435, 2907.19, and 2927.17 of the Revised Code be enacted to	59
read as follows:	60

Sec. 109.54.  (A) The bureau of criminal identification and	61
investigation may investigate any criminal activity in this state	62
that is of statewide or intercounty concern when requested by	63
local authorities and may aid federal authorities, when requested,	64
in their investigation of any criminal activity in this state. The	65
bureau may investigate any criminal activity in this state related	66
to the conduct of elections when requested by the secretary of	67
state. The bureau may investigate any criminal activity in this	68
state involving drug abuse or illegal drug distribution prohibited	69
under Chapter 3719. or 4729. of the Revised Code. The	70
superintendent and any agent of the bureau may participate, as the	71
director of an organized crime task force established under	72
section 177.02 of the Revised Code or as a member of the	73
investigatory staff of a task force established under that	74
section, in an investigation of organized criminal activity	75
anywhere within this state under sections 177.01 to 177.03 of the	76
Revised Code.	77

(B) The bureau may provide any trained investigative	78
personnel and specialized equipment that are requested by any	79
sheriff or chief of police, by the authorized designee of any	80
sheriff or chief of police, or by any other authorized law	81
enforcement officer to aid and assist the officer in the	82
investigation and solution of any crime or the control of any	83
criminal activity occurring within the officer's jurisdiction.	84
This assistance shall be furnished by the bureau without	85
disturbing or impairing any of the existing law enforcement	86
authority or the prerogatives of local law enforcement authorities	87
or officers. Investigators provided pursuant to this section, or	88
engaged in an investigation pursuant to section 109.83 of the	89
Revised Code, may go armed in the same manner as sheriffs and	90
regularly appointed police officers under section 2923.12 of the	91
Revised Code.	92

(C)(1) The bureau shall obtain recording equipment that can	93
be used to record depositions of the type described in division	94
(A) of section 2152.81 and division (A) of section 2945.481 of the	95
Revised Code, or testimony of the type described in division (D)	96
of section 2152.81 and division (D) of section 2945.481 or in	97
division (C) of section 2937.11 of the Revised Code, shall obtain	98
closed circuit equipment that can be used to televise testimony of	99
the type described in division (C) of section 2152.81 and division	100
(C) of section 2945.481 or in division (B) or (D) of section	101
2937.11 of the Revised Code, and shall provide the equipment, upon	102
request, to any court for use in recording any deposition or	103
testimony of one of those types or in televising the testimony in	104
accordance with the applicable division.	105

(2) The bureau shall obtain the names, addresses, and	106
telephone numbers of persons who are experienced in questioning	107
children in relation to an investigation of a violation of section	108
2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	109
2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32,	110
2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an	111
offense of violence and shall maintain a list of those names,	112
addresses, and telephone numbers. The list shall include a	113
classification of the names, addresses, and telephone numbers by	114
appellate district. Upon request, the bureau shall provide any	115
county sheriff, chief of police, prosecuting attorney, village	116
solicitor, city director of law, or similar chief legal officer	117
with the name, address, and telephone number of any person	118
contained in the list.	119

Sec. 149.435.  (A) As used in this section:

120

(1) "Abused child" has the same meaning as in section	121
2151.031 of the Revised Code.	122

(2) "Confidential law enforcement investigatory record" has	123
the same meaning as in section 149.43 of the Revised Code.	124

(3) "Law enforcement agency" means a municipal or township	125
police department, the office of a sheriff, the state highway	126
patrol, federal law enforcement, a county prosecuting attorney,	127
the office of the United States attorney, or a state or local	128
governmental body that enforces criminal laws and that has	129
employees who have a statutory power of arrest.	130

(4) "Routine factual report" means a police blotter, arrest	131
log, incident report, or other record of events maintained in	132
paper, electronic, or other form by a law enforcement agency,	133
other than a confidential law enforcement investigatory record.	134

(B)(1) Except as provided in division (C) of this section, a	135
law enforcement agency or employee of a law enforcement agency	136
shall not disclose a name or other information contained in a	137
routine factual report that is highly likely to identify an	138
alleged delinquent child or arrestee who is also an abused child	139
and who is under eighteen years of age at the time the report is	140
created. If the agency or employee does not know whether the	141
alleged delinquent child or arrestee is an abused child, the	142
agency or employee shall attempt to determine whether or not the	143
alleged delinquent child or arrestee is an abused child and shall	144
not disclose the name or other information before making the	145
determination.	146

(2) No person to whom information described in division	147
(B)(1) of this section is disclosed, and no employer of that	148
person, shall further disclose that information except as provided	149
in division (C) of this section.	150

(C) This section does not prohibit the disclosure of	151
information described in division (B) of this section to any of	152
the following:	153

(1) An employee of a law enforcement agency for the purpose	154
of investigating or prosecuting a crime or delinquent act;	155

(2) An employee of the department of youth services or a	156
probation officer who is supervising an alleged delinquent child	157
or arrestee who is also an abused child and who is under eighteen	158
years of age;	159

(3) An employee of a law enforcement agency for use in the	160
employee's defense of a civil or administrative action arising out	161
of the employee's involvement in the case that gave rise to the	162
civil or administrative action;	163

(4) An employee of the attorney general's office responsible	164
for administering awards of reparations under section 2743.191 of	165
the Revised Code;	166

(5) Any other person pursuant to a court order.

167

Sec. 2151.414.  (A)(1) Upon the filing of a motion pursuant	168
to section 2151.413 of the Revised Code for permanent custody of a	169
child, the court shall schedule a hearing and give notice of the	170
filing of the motion and of the hearing, in accordance with	171
section 2151.29 of the Revised Code, to all parties to the action	172
and to the child's guardian ad litem. The notice also shall	173
contain a full explanation that the granting of permanent custody	174
permanently divests the parents of their parental rights, a full	175
explanation of their right to be represented by counsel and to	176
have counsel appointed pursuant to Chapter 120. of the Revised	177
Code if they are indigent, and the name and telephone number of	178
the court employee designated by the court pursuant to section	179
2151.314 of the Revised Code to arrange for the prompt appointment	180
of counsel for indigent persons.	181

The court shall conduct a hearing in accordance with section	182
2151.35 of the Revised Code to determine if it is in the best	183
interest of the child to permanently terminate parental rights and	184
grant permanent custody to the agency that filed the motion. The	185
adjudication that the child is an abused, neglected, or dependent	186
child and any dispositional order that has been issued in the case	187
under section 2151.353 of the Revised Code pursuant to the	188
adjudication shall not be readjudicated at the hearing and shall	189
not be affected by a denial of the motion for permanent custody.	190

(2) The court shall hold the hearing scheduled pursuant to	191
division (A)(1) of this section not later than one hundred twenty	192
days after the agency files the motion for permanent custody,	193
except that, for good cause shown, the court may continue the	194
hearing for a reasonable period of time beyond the	195
one-hundred-twenty-day deadline. The court shall issue an order	196
that grants, denies, or otherwise disposes of the motion for	197
permanent custody, and journalize the order, not later than two	198
hundred days after the agency files the motion.	199

If a motion is made under division (D)(2) of section 2151.413	200
of the Revised Code and no dispositional hearing has been held in	201
the case, the court may hear the motion in the dispositional	202
hearing required by division (B) of section 2151.35 of the Revised	203
Code. If the court issues an order pursuant to section 2151.353 of	204
the Revised Code granting permanent custody of the child to the	205
agency, the court shall immediately dismiss the motion made under	206
division (D)(2) of section 2151.413 of the Revised Code.	207

The failure of the court to comply with the time periods set	208
forth in division (A)(2) of this section does not affect the	209
authority of the court to issue any order under this chapter and	210
does not provide any basis for attacking the jurisdiction of the	211
court or the validity of any order of the court.	212

(B)(1) Except as provided in division (B)(2) of this section,	213
the court may grant permanent custody of a child to a movant if	214
the court determines at the hearing held pursuant to division (A)	215
of this section, by clear and convincing evidence, that it is in	216
the best interest of the child to grant permanent custody of the	217
child to the agency that filed the motion for permanent custody	218
and that any of the following apply:	219

(a) The child is not abandoned or orphaned, has not been in	220
the temporary custody of one or more public children services	221
agencies or private child placing agencies for twelve or more	222
months of a consecutive twenty-two-month period, or has not been	223
in the temporary custody of one or more public children services	224
agencies or private child placing agencies for twelve or more	225
months of a consecutive twenty-two-month period if, as described	226
in division (D)(1) of section 2151.413 of the Revised Code, the	227
child was previously in the temporary custody of an equivalent	228
agency in another state, and the child cannot be placed with	229
either of the child's parents within a reasonable time or should	230
not be placed with the child's parents.	231

(b) The child is abandoned.

232

(c) The child is orphaned, and there are no relatives of the	233
child who are able to take permanent custody.	234

(d) The child has been in the temporary custody of one or	235
more public children services agencies or private child placing	236
agencies for twelve or more months of a consecutive	237
twenty-two-month period, or the child has been in the temporary	238
custody of one or more public children services agencies or	239
private child placing agencies for twelve or more months of a	240
consecutive twenty-two-month period and, as described in division	241
(D)(1) of section 2151.413 of the Revised Code, the child was	242
previously in the temporary custody of an equivalent agency in	243
another state.	244

For the purposes of division (B)(1) of this section, a child	245
shall be considered to have entered the temporary custody of an	246
agency on the earlier of the date the child is adjudicated	247
pursuant to section 2151.28 of the Revised Code or the date that	248
is sixty days after the removal of the child from home.	249

(2) With respect to a motion made pursuant to division (D)(2)	250
of section 2151.413 of the Revised Code, the court shall grant	251
permanent custody of the child to the movant if the court	252
determines in accordance with division (E) of this section that	253
the child cannot be placed with one of the child's parents within	254
a reasonable time or should not be placed with either parent and	255
determines in accordance with division (D) of this section that	256
permanent custody is in the child's best interest.	257

(C) In making the determinations required by this section or	258
division (A)(4) of section 2151.353 of the Revised Code, a court	259
shall not consider the effect the granting of permanent custody to	260
the agency would have upon any parent of the child. A written	261
report of the guardian ad litem of the child shall be submitted to	262
the court prior to or at the time of the hearing held pursuant to	263
division (A) of this section or section 2151.35 of the Revised	264
Code but shall not be submitted under oath.	265

If the court grants permanent custody of a child to a movant	266
under this division, the court, upon the request of any party,	267
shall file a written opinion setting forth its findings of fact	268
and conclusions of law in relation to the proceeding. The court	269
shall not deny an agency's motion for permanent custody solely	270
because the agency failed to implement any particular aspect of	271
the child's case plan.	272

(D)(1) In determining the best interest of a child at a	273
hearing held pursuant to division (A) of this section or for the	274
purposes of division (A)(4) or (5) of section 2151.353 or division	275
(C) of section 2151.415 of the Revised Code, the court shall	276
consider all relevant factors, including, but not limited to, the	277
following:	278

(a) The interaction and interrelationship of the child with	279
the child's parents, siblings, relatives, foster caregivers and	280
out-of-home providers, and any other person who may significantly	281
affect the child;	282

(b) The wishes of the child, as expressed directly by the	283
child or through the child's guardian ad litem, with due regard	284
for the maturity of the child;	285

(c) The custodial history of the child, including whether the	286
child has been in the temporary custody of one or more public	287
children services agencies or private child placing agencies for	288
twelve or more months of a consecutive twenty-two-month period, or	289
the child has been in the temporary custody of one or more public	290
children services agencies or private child placing agencies for	291
twelve or more months of a consecutive twenty-two-month period	292
and, as described in division (D)(1) of section 2151.413 of the	293
Revised Code, the child was previously in the temporary custody of	294
an equivalent agency in another state;	295

(d) The child's need for a legally secure permanent placement	296
and whether that type of placement can be achieved without a grant	297
of permanent custody to the agency;	298

(e) Whether any of the factors in divisions (E)(7) to (11) of	299
this section apply in relation to the parents and child.	300

For the purposes of division (D)(1) of this section, a child	301
shall be considered to have entered the temporary custody of an	302
agency on the earlier of the date the child is adjudicated	303
pursuant to section 2151.28 of the Revised Code or the date that	304
is sixty days after the removal of the child from home.	305

(2) If all of the following apply, permanent custody is in	306
the best interest of the child, and the court shall commit the	307
child to the permanent custody of a public children services	308
agency or private child placing agency:	309

(a) The court determines by clear and convincing evidence	310
that one or more of the factors in division (E) of this section	311
exist and the child cannot be placed with one of the child's	312
parents within a reasonable time or should not be placed with	313
either parent.	314

(b) The child has been in an agency's custody for two years	315
or longer, and no longer qualifies for temporary custody pursuant	316
to division (D) of section 2151.415 of the Revised Code.	317

(c) The child does not meet the requirements for a planned	318
permanent living arrangement pursuant to division (A)(5) of	319
section 2151.353 of the Revised Code.	320

(d) Prior to the dispositional hearing, no relative or other	321
interested person has filed, or has been identified in, a motion	322
for legal custody of the child.	323

(E) In determining at a hearing held pursuant to division (A)	324
of this section or for the purposes of division (A)(4) of section	325
2151.353 of the Revised Code whether a child cannot be placed with	326
either parent within a reasonable period of time or should not be	327
placed with the parents, the court shall consider all relevant	328
evidence. If the court determines, by clear and convincing	329
evidence, at a hearing held pursuant to division (A) of this	330
section or for the purposes of division (A)(4) of section 2151.353	331
of the Revised Code that one or more of the following exist as to	332
each of the child's parents, the court shall enter a finding that	333
the child cannot be placed with either parent within a reasonable	334
time or should not be placed with either parent:	335

(1) Following the placement of the child outside the child's	336
home and notwithstanding reasonable case planning and diligent	337
efforts by the agency to assist the parents to remedy the problems	338
that initially caused the child to be placed outside the home, the	339
parent has failed continuously and repeatedly to substantially	340
remedy the conditions causing the child to be placed outside the	341
child's home. In determining whether the parents have	342
substantially remedied those conditions, the court shall consider	343
parental utilization of medical, psychiatric, psychological, and	344
other social and rehabilitative services and material resources	345
that were made available to the parents for the purpose of	346
changing parental conduct to allow them to resume and maintain	347
parental duties.	348

(2) Chronic mental illness, chronic emotional illness, mental	349
retardation, physical disability, or chemical dependency of the	350
parent that is so severe that it makes the parent unable to	351
provide an adequate permanent home for the child at the present	352
time and, as anticipated, within one year after the court holds	353
the hearing pursuant to division (A) of this section or for the	354
purposes of division (A)(4) of section 2151.353 of the Revised	355
Code;	356

(3) The parent committed any abuse as described in section	357
2151.031 of the Revised Code against the child, caused the child	358
to suffer any neglect as described in section 2151.03 of the	359
Revised Code, or allowed the child to suffer any neglect as	360
described in section 2151.03 of the Revised Code between the date	361
that the original complaint alleging abuse or neglect was filed	362
and the date of the filing of the motion for permanent custody;	363

(4) The parent has demonstrated a lack of commitment toward	364
the child by failing to regularly support, visit, or communicate	365
with the child when able to do so, or by other actions showing an	366
unwillingness to provide an adequate permanent home for the child;	367

(5) The parent is incarcerated for an offense committed	368
against the child or a sibling of the child;	369

(6) The parent has been convicted of or pleaded guilty to an	370
offense under division (A) or (C) of section 2919.22 or under	371
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03,	372
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	373
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	374
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24,	375
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the	376
Revised Code, and the child or a sibling of the child was a victim	377
of the offense, or the parent has been convicted of or pleaded	378
guilty to an offense under section 2903.04 of the Revised Code, a	379
sibling of the child was the victim of the offense, and the parent	380
who committed the offense poses an ongoing danger to the child or	381
a sibling of the child.	382

(7) The parent has been convicted of or pleaded guilty to one	383
of the following:	384

(a) An offense under section 2903.01, 2903.02, or 2903.03 of	385
the Revised Code or under an existing or former law of this state,	386
any other state, or the United States that is substantially	387
equivalent to an offense described in those sections and the	388
victim of the offense was a sibling of the child or the victim was	389
another child who lived in the parent's household at the time of	390
the offense;	391

(b) An offense under section 2903.11, 2903.12, or 2903.13 of	392
the Revised Code or under an existing or former law of this state,	393
any other state, or the United States that is substantially	394
equivalent to an offense described in those sections and the	395
victim of the offense is the child, a sibling of the child, or	396
another child who lived in the parent's household at the time of	397
the offense;	398

(c) An offense under division (B)(2) of section 2919.22 of	399
the Revised Code or under an existing or former law of this state,	400
any other state, or the United States that is substantially	401
equivalent to the offense described in that section and the child,	402
a sibling of the child, or another child who lived in the parent's	403
household at the time of the offense is the victim of the offense;	404

(d) An offense under section 2907.02, 2907.03, 2907.04,	405
2907.05, or 2907.06 of the Revised Code or under an existing or	406
former law of this state, any other state, or the United States	407
that is substantially equivalent to an offense described in those	408
sections and the victim of the offense is the child, a sibling of	409
the child, or another child who lived in the parent's household at	410
the time of the offense;	411

(e) An offense under section 2905.32, 2907.21, or 2907.22 of	412
the Revised Code or under an existing or former law of this state,	413
any other state, or the United States that is substantially	414
equivalent to the offense described in that section and the victim	415
of the offense is the child, a sibling of the child, or another	416
child who lived in the parent's household at the time of the	417
offense;	418

(f) A conspiracy or attempt to commit, or complicity in	419
committing, an offense described in division (E)(7)(a) or, (d), or	420
(e) of this section.	421

(8) The parent has repeatedly withheld medical treatment or	422
food from the child when the parent has the means to provide the	423
treatment or food, and, in the case of withheld medical treatment,	424
the parent withheld it for a purpose other than to treat the	425
physical or mental illness or defect of the child by spiritual	426
means through prayer alone in accordance with the tenets of a	427
recognized religious body.	428

(9) The parent has placed the child at substantial risk of	429
harm two or more times due to alcohol or drug abuse and has	430
rejected treatment two or more times or refused to participate in	431
further treatment two or more times after a case plan issued	432
pursuant to section 2151.412 of the Revised Code requiring	433
treatment of the parent was journalized as part of a dispositional	434
order issued with respect to the child or an order was issued by	435
any other court requiring treatment of the parent.	436

(10) The parent has abandoned the child.

437

(11) The parent has had parental rights involuntarily	438
terminated with respect to a sibling of the child pursuant to this	439
section or section 2151.353 or 2151.415 of the Revised Code, or	440
under an existing or former law of this state, any other state, or	441
the United States that is substantially equivalent to those	442
sections, and the parent has failed to provide clear and	443
convincing evidence to prove that, notwithstanding the prior	444
termination, the parent can provide a legally secure permanent	445
placement and adequate care for the health, welfare, and safety of	446
the child.	447

(12) The parent is incarcerated at the time of the filing of	448
the motion for permanent custody or the dispositional hearing of	449
the child and will not be available to care for the child for at	450
least eighteen months after the filing of the motion for permanent	451
custody or the dispositional hearing.	452

(13) The parent is repeatedly incarcerated, and the repeated	453
incarceration prevents the parent from providing care for the	454
child.	455

(14) The parent for any reason is unwilling to provide food,	456
clothing, shelter, and other basic necessities for the child or to	457
prevent the child from suffering physical, emotional, or sexual	458
abuse or physical, emotional, or mental neglect.	459

(15) The parent has committed abuse as described in section	460
2151.031 of the Revised Code against the child or caused or	461
allowed the child to suffer neglect as described in section	462
2151.03 of the Revised Code, and the court determines that the	463
seriousness, nature, or likelihood of recurrence of the abuse or	464
neglect makes the child's placement with the child's parent a	465
threat to the child's safety.	466

(16) Any other factor the court considers relevant.

467

(F) The parents of a child for whom the court has issued an	468
order granting permanent custody pursuant to this section, upon	469
the issuance of the order, cease to be parties to the action. This	470
division is not intended to eliminate or restrict any right of the	471
parents to appeal the granting of permanent custody of their child	472
to a movant pursuant to this section.	473

Sec. 2151.419.  (A)(1) Except as provided in division (A)(2)	474
of this section, at any hearing held pursuant to section 2151.28,	475
division (E) of section 2151.31, or section 2151.314, 2151.33, or	476
2151.353 of the Revised Code at which the court removes a child	477
from the child's home or continues the removal of a child from the	478
child's home, the court shall determine whether the public	479
children services agency or private child placing agency that	480
filed the complaint in the case, removed the child from home, has	481
custody of the child, or will be given custody of the child has	482
made reasonable efforts to prevent the removal of the child from	483
the child's home, to eliminate the continued removal of the child	484
from the child's home, or to make it possible for the child to	485
return safely home. The agency shall have the burden of proving	486
that it has made those reasonable efforts. If the agency removed	487
the child from home during an emergency in which the child could	488
not safely remain at home and the agency did not have prior	489
contact with the child, the court is not prohibited, solely	490
because the agency did not make reasonable efforts during the	491
emergency to prevent the removal of the child, from determining	492
that the agency made those reasonable efforts. In determining	493
whether reasonable efforts were made, the child's health and	494
safety shall be paramount.	495

(2) If any of the following apply, the court shall make a	496
determination that the agency is not required to make reasonable	497
efforts to prevent the removal of the child from the child's home,	498
eliminate the continued removal of the child from the child's	499
home, and return the child to the child's home:	500

(a) The parent from whom the child was removed has been	501
convicted of or pleaded guilty to one of the following:	502

(i) An offense under section 2903.01, 2903.02, or 2903.03 of	503
the Revised Code or under an existing or former law of this state,	504
any other state, or the United States that is substantially	505
equivalent to an offense described in those sections and the	506
victim of the offense was a sibling of the child or the victim was	507
another child who lived in the parent's household at the time of	508
the offense;	509

(ii) An offense under section 2903.11, 2903.12, or 2903.13 of	510
the Revised Code or under an existing or former law of this state,	511
any other state, or the United States that is substantially	512
equivalent to an offense described in those sections and the	513
victim of the offense is the child, a sibling of the child, or	514
another child who lived in the parent's household at the time of	515
the offense;	516

(iii) An offense under division (B)(2) of section 2919.22 of	517
the Revised Code or under an existing or former law of this state,	518
any other state, or the United States that is substantially	519
equivalent to the offense described in that section and the child,	520
a sibling of the child, or another child who lived in the parent's	521
household at the time of the offense is the victim of the offense;	522

(iv) An offense under section 2907.02, 2907.03, 2907.04,	523
2907.05, or 2907.06 of the Revised Code or under an existing or	524
former law of this state, any other state, or the United States	525
that is substantially equivalent to an offense described in those	526
sections and the victim of the offense is the child, a sibling of	527
the child, or another child who lived in the parent's household at	528
the time of the offense;	529

(v) An offense under section 2907.21 or 2907.22 of the	530
Revised Code or under an existing or former law of this state, any	531
other state, or the United States that is substantially equivalent	532
to the offense described in those sections and the victim of the	533
offense is the child, a sibling of the child, or another child who	534
lived in the parent's household at the time of the offense;	535

(vi) An offense under division (A)(1) of section 2907.21 of	536
the Revised Code or under an existing or former law of this state,	537
any other state, or the United States that is substantially	538
equivalent to the offense described in that division and the	539
parent compels another to engage in sexual activity for hire with	540
the child, a sibling of the child, or another child who lived in	541
the parent's household at the time of the offense;	542

(vii) An offense under section 2905.32 of the Revised Code or	543
under an existing or former law of this state, any other state, or	544
the United States that is substantially equivalent to the offense	545
described in that section and the victim of the offense is the	546
child, a sibling of the child, or another child who lived in the	547
parent's household at the time of the offense;	548

(viii) A conspiracy or attempt to commit, or complicity in	549
committing, an offense described in division (A)(2)(a)(i) or,	550
(iv), (v), (vi), or (vii) of this section.	551

(b) The parent from whom the child was removed has repeatedly	552
withheld medical treatment or food from the child when the parent	553
has the means to provide the treatment or food. If the parent has	554
withheld medical treatment in order to treat the physical or	555
mental illness or defect of the child by spiritual means through	556
prayer alone, in accordance with the tenets of a recognized	557
religious body, the court or agency shall comply with the	558
requirements of division (A)(1) of this section.	559

(c) The parent from whom the child was removed has placed the	560
child at substantial risk of harm two or more times due to alcohol	561
or drug abuse and has rejected treatment two or more times or	562
refused to participate in further treatment two or more times	563
after a case plan issued pursuant to section 2151.412 of the	564
Revised Code requiring treatment of the parent was journalized as	565
part of a dispositional order issued with respect to the child or	566
an order was issued by any other court requiring such treatment of	567
the parent.	568

(d) The parent from whom the child was removed has abandoned	569
the child.	570

(e) The parent from whom the child was removed has had	571
parental rights involuntarily terminated with respect to a sibling	572
of the child pursuant to section 2151.353, 2151.414, or 2151.415	573
of the Revised Code or under an existing or former law of this	574
state, any other state, or the United States that is substantially	575
equivalent to those sections.	576

(3) At any hearing in which the court determines whether to	577
return a child to the child's home, the court may issue an order	578
that returns the child in situations in which the conditions	579
described in divisions (A)(2)(a) to (e) of this section are	580
present.	581

(B)(1) A court that is required to make a determination as	582
described in division (A)(1) or (2) of this section shall issue	583
written findings of fact setting forth the reasons supporting its	584
determination. If the court makes a written determination under	585
division (A)(1) of this section, it shall briefly describe in the	586
findings of fact the relevant services provided by the agency to	587
the family of the child and why those services did not prevent the	588
removal of the child from the child's home or enable the child to	589
return safely home.	590

(2) If a court issues an order that returns the child to the	591
child's home in situations in which division (A)(2)(a), (b), (c),	592
(d), or (e) of this section applies, the court shall issue written	593
findings of fact setting forth the reasons supporting its	594
determination.	595

(C) If the court makes a determination pursuant to division	596
(A)(2) of this section, the court shall conduct a review hearing	597
pursuant to section 2151.417 of the Revised Code to approve a	598
permanency plan with respect to the child, unless the court issues	599
an order returning the child home pursuant to division (A)(3) of	600
this section. The hearing to approve the permanency plan may be	601
held immediately following the court's determination pursuant to	602
division (A)(2) of this section and shall be held no later than	603
thirty days following that determination.	604

Sec. 2901.13.  (A)(1) Except as provided in division (A)(2)	605
or (3) of this section or as otherwise provided in this section, a	606
prosecution shall be barred unless it is commenced within the	607
following periods after an offense is committed:	608

(a) For a felony, six years;

609

(b) For a misdemeanor other than a minor misdemeanor, two	610
years;	611

(c) For a minor misdemeanor, six months.

612

(2) There is no period of limitation for the prosecution of a	613
violation of section 2903.01 or 2903.02 of the Revised Code.	614

(3) Except as otherwise provided in divisions (B) to (H) of	615
this section, a prosecution of any of the following offenses shall	616
be barred unless it is commenced within twenty years after the	617
offense is committed:	618

(a) A violation of section 2903.03, 2903.04, 2905.01,	619
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02,	620
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	621
2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised	622
Code, a violation of section 2903.11 or 2903.12 of the Revised	623
Code if the victim is a peace officer, a violation of section	624
2903.13 of the Revised Code that is a felony, or a violation of	625
former section 2907.12 of the Revised Code;	626

(b) A conspiracy to commit, attempt to commit, or complicity	627
in committing a violation set forth in division (A)(3)(a) of this	628
section.	629

(B)(1) Except as otherwise provided in division (B)(2) of	630
this section, if the period of limitation provided in division	631
(A)(1) or (3) of this section has expired, prosecution shall be	632
commenced for an offense of which an element is fraud or breach of	633
a fiduciary duty, within one year after discovery of the offense	634
either by an aggrieved person, or by the aggrieved person's legal	635
representative who is not a party to the offense.	636

(2) If the period of limitation provided in division (A)(1)	637
or (3) of this section has expired, prosecution for a violation of	638
section 2913.49 of the Revised Code shall be commenced within five	639
years after discovery of the offense either by an aggrieved person	640
or the aggrieved person's legal representative who is not a party	641
to the offense.	642

(C)(1) If the period of limitation provided in division	643
(A)(1) or (3) of this section has expired, prosecution shall be	644
commenced for the following offenses during the following	645
specified periods of time:	646

(a) For an offense involving misconduct in office by a public	647
servant, at any time while the accused remains a public servant,	648
or within two years thereafter;	649

(b) For an offense by a person who is not a public servant	650
but whose offense is directly related to the misconduct in office	651
of a public servant, at any time while that public servant remains	652
a public servant, or within two years thereafter.	653

(2) As used in this division:

654

(a) An "offense is directly related to the misconduct in	655
office of a public servant" includes, but is not limited to, a	656
violation of section 101.71, 101.91, 121.61 or 2921.13, division	657
(F) or (H) of section 102.03, division (A) of section 2921.02,	658
division (A) or (B) of section 2921.43, or division (F) or (G) of	659
section 3517.13 of the Revised Code, that is directly related to	660
an offense involving misconduct in office of a public servant.	661

(b) "Public servant" has the same meaning as in section	662
2921.01 of the Revised Code.	663

(D) An offense is committed when every element of the offense	664
occurs. In the case of an offense of which an element is a	665
continuing course of conduct, the period of limitation does not	666
begin to run until such course of conduct or the accused's	667
accountability for it terminates, whichever occurs first.	668

(E) A prosecution is commenced on the date an indictment is	669
returned or an information filed, or on the date a lawful arrest	670
without a warrant is made, or on the date a warrant, summons,	671
citation, or other process is issued, whichever occurs first. A	672
prosecution is not commenced by the return of an indictment or the	673
filing of an information unless reasonable diligence is exercised	674
to issue and execute process on the same. A prosecution is not	675
commenced upon issuance of a warrant, summons, citation, or other	676
process, unless reasonable diligence is exercised to execute the	677
same.	678

(F) The period of limitation shall not run during any time	679
when the corpus delicti remains undiscovered.	680

(G) The period of limitation shall not run during any time	681
when the accused purposely avoids prosecution. Proof that the	682
accused departed this state or concealed the accused's identity or	683
whereabouts is prima-facie evidence of the accused's purpose to	684
avoid prosecution.	685

(H) The period of limitation shall not run during any time a	686
prosecution against the accused based on the same conduct is	687
pending in this state, even though the indictment, information, or	688
process that commenced the prosecution is quashed or the	689
proceedings on the indictment, information, or process are set	690
aside or reversed on appeal.	691

(I) The period of limitation for a violation of any provision	692
of Title XXIX of the Revised Code that involves a physical or	693
mental wound, injury, disability, or condition of a nature that	694
reasonably indicates abuse or neglect of a child under eighteen	695
years of age or of a mentally retarded, developmentally disabled,	696
or physically impaired child under twenty-one years of age shall	697
not begin to run until either of the following occurs:	698

(1) The victim of the offense reaches the age of majority.

699

(2) A public children services agency, or a municipal or	700
county peace officer that is not the parent or guardian of the	701
child, in the county in which the child resides or in which the	702
abuse or neglect is occurring or has occurred has been notified	703
that abuse or neglect is known, suspected, or believed to have	704
occurred.	705

(J) As used in this section, "peace officer" has the same	706
meaning as in section 2935.01 of the Revised Code.	707

Sec. 2905.32. (A) No person shall knowingly recruit, lure,	708
entice, isolate, harbor, transport, provide, obtain, or maintain,	709
or knowingly attempt to recruit, lure, entice, isolate, harbor,	710
transport, provide, obtain, or maintain, another person knowing	711
that the person will be subjected to involuntary servitude or be	712
compelled to engage in sexual activity for hire, engage in a	713
performance that is obscene, sexually oriented, or nudity	714
oriented, or be a model or participant in the production of	715
material that is obscene, sexually oriented, or nudity oriented.	716

(B) No person shall knowingly recruit, lure, entice, isolate,	717
harbor, transport, provide, obtain, or maintain, or knowingly	718
attempt to recruit, lure, entice, isolate, harbor, transport,	719
provide, obtain, or maintain, a person who is less than eighteen	720
years of age or is a developmentally disabled person knowing that	721
the person will be subjected to involuntary servitude or for any	722
of the following purposes:	723

(a) To engage in sexual activity for hire;

724

(b) To engage in a performance for hire that is obscene,	725
sexually oriented, or nudity oriented;	726

(c) To be a model or participant for hire in the production	727
of material that is obscene, sexually oriented, or nudity	728
oriented.	729

(C) For a prosecution under division (A) of this section, the	730
element "compelled" does not require that the compulsion be openly	731
displayed or physically exerted. The element "compelled" has been	732
established if the state proves that the victim's will was	733
overcome by force, fear, duress, or intimidation.	734

(C)(D) In a prosecution under this section, proof that the	735
defendant engaged in sexual activity with any person, or solicited	736
sexual activity with any person, whether or not for hire, without	737
more, does not constitute a violation of this section.	738

(D)(E) A prosecution for a violation of this section does not	739
preclude a prosecution of a violation of any other section of the	740
Revised Code. One or more acts, a series of acts, or a course of	741
behavior that can be prosecuted under this section or any other	742
section of the Revised Code may be prosecuted under this section,	743
the other section of the Revised Code, or both sections. However,	744
if an offender is convicted of or pleads guilty to a violation of	745
this section and also is convicted of or pleads guilty to a	746
violation of section 2907.21 of the Revised Code based on the same	747
conduct involving the same victim that was the basis of the	748
violation of this section, or is convicted of or pleads guilty to	749
any other violation of Chapter 2907. of the Revised Code based on	750
the same conduct involving the same victim that was the basis of	751
the violation of this section, the two offenses are allied	752
offenses of similar import under section 2941.25 of the Revised	753
Code.	754

(E)(F) Evidence of specific instances of the victim's sexual	755
activity, opinion evidence of the victim's sexual activity, and	756
reputation evidence of the victim's sexual activity, shall not be	757
admitted under this section unless it involves evidence of the	758
origin of semen, pregnancy, or disease, or the victim's past	759
sexual activity with the offender, and only to the extent that the	760
court finds that the evidence is material to a fact at issue in	761
the case and that its inflammatory or prejudicial nature does not	762
outweigh its probative value.	763

As used in this division, sexual activity includes both	764
voluntary and involuntary sexual activity.	765

(G) Whoever violates this section is guilty of trafficking in	766
persons, a felony of the first degree. Notwithstanding division	767
(A)(1) of section 2929.14 of the Revised Code, the court shall	768
sentence the offender to a definite prison term of ten, eleven,	769
twelve, thirteen, fourteen, or fifteen years.	770

(H) As used in this section:

771

(1) "Developmentally disabled person" has the same meaning as	772
in section 5123.01 of the Revised Code.	773

(2) "For hire" means done in exchange for anything of value	774
given to or received by any person.	775

Sec. 2907.02.  (A)(1) No person shall engage in sexual	776
conduct with another who is not the spouse of the offender or who	777
is the spouse of the offender but is living separate and apart	778
from the offender, when any of the following applies:	779

(a) For the purpose of preventing resistance, the offender	780
substantially impairs the other person's judgment or control by	781
administering any drug, intoxicant, or controlled substance to the	782
other person surreptitiously or by force, threat of force, or	783
deception.	784

(b) The other person is less than thirteen years of age,	785
whether or not the offender knows the age of the other person.	786

(c) The other person's ability to resist or consent is	787
substantially impaired because of a mental or physical condition	788
or because of advanced age, and the offender knows or has	789
reasonable cause to believe that the other person's ability to	790
resist or consent is substantially impaired because of a mental or	791
physical condition or because of advanced age.	792

(2) No person shall engage in sexual conduct with another	793
when the offender purposely compels the other person to submit by	794
force or threat of force.	795

(B) Whoever violates this section is guilty of rape, a felony	796
of the first degree. If the offender under division (A)(1)(a) of	797
this section substantially impairs the other person's judgment or	798
control by administering any controlled substance described in	799
section 3719.41 of the Revised Code to the other person	800
surreptitiously or by force, threat of force, or deception, the	801
prison term imposed upon the offender shall be one of the prison	802
terms prescribed for a felony of the first degree in section	803
2929.14 of the Revised Code that is not less than five years.	804
Except as otherwise provided in this division, notwithstanding	805
sections 2929.11 to 2929.14 of the Revised Code, an offender under	806
division (A)(1)(b) of this section shall be sentenced to a prison	807
term or term of life imprisonment pursuant to section 2971.03 of	808
the Revised Code. If an offender is convicted of or pleads guilty	809
to a violation of division (A)(1)(b) of this section, if the	810
offender was less than sixteen years of age at the time the	811
offender committed the violation of that division, and if the	812
offender during or immediately after the commission of the offense	813
did not cause serious physical harm to the victim, the victim was	814
ten years of age or older at the time of the commission of the	815
violation, and the offender has not previously been convicted of	816
or pleaded guilty to a violation of this section or a	817
substantially similar existing or former law of this state,	818
another state, or the United States, the court shall not sentence	819
the offender to a prison term or term of life imprisonment	820
pursuant to section 2971.03 of the Revised Code, and instead the	821
court shall sentence the offender as otherwise provided in this	822
division. If an offender under division (A)(1)(b) of this section	823
previously has been convicted of or pleaded guilty to violating	824
division (A)(1)(b) of this section or to violating an existing or	825
former law of this state, another state, or the United States that	826
is substantially similar to division (A)(1)(b) of this section, if	827
the offender during or immediately after the commission of the	828
offense caused serious physical harm to the victim, or if the	829
victim under division (A)(1)(b) of this section is less than ten	830
years of age, in lieu of sentencing the offender to a prison term	831
or term of life imprisonment pursuant to section 2971.03 of the	832
Revised Code, the court may impose upon the offender a term of	833
life without parole. If the court imposes a term of life without	834
parole pursuant to this division, division (F) of section 2971.03	835
of the Revised Code applies, and the offender automatically is	836
classified a tier III sex offender/child-victim offender, as	837
described in that division.	838

(C) A victim need not prove physical resistance to the	839
offender in prosecutions under this section.	840

(D)(1) Evidence of specific instances of the victim's sexual	841
activity, opinion evidence of the victim's sexual activity, and	842
reputation evidence of the victim's sexual activity shall not be	843
admitted under this section unless it involves evidence of the	844
origin of semen, pregnancy, or disease, or the victim's past	845
sexual activity with the offender, and only to the extent that the	846
court finds that the evidence is material to a fact at issue in	847
the case and that its inflammatory or prejudicial nature does not	848
outweigh its probative value.	849

(2) Evidence of specific instances of the defendant's sexual	850
activity, opinion evidence of the defendant's sexual activity, and	851
reputation evidence of the defendant's sexual activity shall not	852
be admitted under this section unless it involves evidence of the	853
origin of semen, pregnancy, or disease, the defendant's past	854
sexual activity with the victim, or is admissible against the	855
defendant under section 2945.59 of the Revised Code, and only to	856
the extent that the court finds that the evidence is material to a	857
fact at issue in the case and that its inflammatory or prejudicial	858
nature does not outweigh its probative value.	859

(3) As used in division (D)(1) of this section, sexual	860
activity includes both voluntary and involuntary sexual activity.	861

(E) Prior to taking testimony or receiving evidence of any	862
sexual activity of the victim or the defendant in a proceeding	863
under this section, the court shall resolve the admissibility of	864
the proposed evidence in a hearing in chambers, which shall be	865
held at or before preliminary hearing and not less than three days	866
before trial, or for good cause shown during the trial.	867

(F) Upon approval by the court, the victim may be represented	868
by counsel in any hearing in chambers or other proceeding to	869
resolve the admissibility of evidence. If the victim is indigent	870
or otherwise is unable to obtain the services of counsel, the	871
court, upon request, may appoint counsel to represent the victim	872
without cost to the victim.	873

(G) It is not a defense to a charge under division (A)(2) of	874
this section that the offender and the victim were married or were	875
cohabiting at the time of the commission of the offense.	876

Sec. 2907.05.  (A) No person shall have sexual contact with	877
another, not the spouse of the offender; cause another, not the	878
spouse of the offender, to have sexual contact with the offender;	879
or cause two or more other persons to have sexual contact when any	880
of the following applies:	881

(1) The offender purposely compels the other person, or one	882
of the other persons, to submit by force or threat of force.	883

(2) For the purpose of preventing resistance, the offender	884
substantially impairs the judgment or control of the other person	885
or of one of the other persons by administering any drug,	886
intoxicant, or controlled substance to the other person	887
surreptitiously or by force, threat of force, or deception.	888

(3) The offender knows that the judgment or control of the	889
other person or of one of the other persons is substantially	890
impaired as a result of the influence of any drug or intoxicant	891
administered to the other person with the other person's consent	892
for the purpose of any kind of medical or dental examination,	893
treatment, or surgery.	894

(4) The other person, or one of the other persons, is less	895
than thirteen years of age, whether or not the offender knows the	896
age of that person.	897

(5) The ability of the other person to resist or consent or	898
the ability of one of the other persons to resist or consent is	899
substantially impaired because of a mental or physical condition	900
or because of advanced age, and the offender knows or has	901
reasonable cause to believe that the ability to resist or consent	902
of the other person or of one of the other persons is	903
substantially impaired because of a mental or physical condition	904
or because of advanced age.	905

(B) No person shall knowingly touch the genitalia of another,	906
when the touching is not through clothing, the other person is	907
less than twelve years of age, whether or not the offender knows	908
the age of that person, and the touching is done with an intent to	909
abuse, humiliate, harass, degrade, or arouse or gratify the sexual	910
desire of any person.	911

(C) Whoever violates this section is guilty of gross sexual	912
imposition.	913

(1) Except as otherwise provided in this section, gross	914
sexual imposition committed in violation of division (A)(1), (2),	915
(3), or (5) of this section is a felony of the fourth degree. If	916
the offender under division (A)(2) of this section substantially	917
impairs the judgment or control of the other person or one of the	918
other persons by administering any controlled substance described	919
in section 3719.41 of the Revised Code to the person	920
surreptitiously or by force, threat of force, or deception, gross	921
sexual imposition committed in violation of division (A)(2) of	922
this section is a felony of the third degree.	923

(2) Gross sexual imposition committed in violation of	924
division (A)(4) or (B) of this section is a felony of the third	925
degree. Except as otherwise provided in this division, for gross	926
sexual imposition committed in violation of division (A)(4) or (B)	927
of this section there is a presumption that a prison term shall be	928
imposed for the offense. The court shall impose on an offender	929
convicted of gross sexual imposition in violation of division	930
(A)(4) or (B) of this section a mandatory prison term equal to one	931
of the prison terms prescribed in section 2929.14 of the Revised	932
Code for a felony of the third degree if either of the following	933
applies:	934

(a) Evidence other than the testimony of the victim was	935
admitted in the case corroborating the violation;	936

(b) The offender previously was convicted of or pleaded	937
guilty to a violation of this section, rape, the former offense of	938
felonious sexual penetration, or sexual battery, and the victim of	939
the previous offense was less than thirteen years of age.	940

(D) A victim need not prove physical resistance to the	941
offender in prosecutions under this section.	942

(E)(1) Evidence of specific instances of the victim's sexual	943
activity, opinion evidence of the victim's sexual activity, and	944
reputation evidence of the victim's sexual activity shall not be	945
admitted under this section unless it involves evidence of the	946
origin of semen, pregnancy, or disease, or the victim's past	947
sexual activity with the offender, and only to the extent that the	948
court finds that the evidence is material to a fact at issue in	949
the case and that its inflammatory or prejudicial nature does not	950
outweigh its probative value.	951

(2) Evidence of specific instances of the defendant's sexual	952
activity, opinion evidence of the defendant's sexual activity, and	953
reputation evidence of the defendant's sexual activity shall not	954
be admitted under this section unless it involves evidence of the	955
origin of semen, pregnancy, or disease, the defendant's past	956
sexual activity with the victim, or is admissible against the	957
defendant under section 2945.59 of the Revised Code, and only to	958
the extent that the court finds that the evidence is material to a	959
fact at issue in the case and that its inflammatory or prejudicial	960
nature does not outweigh its probative value.	961

(3) As used in division (E)(1) of this section, sexual	962
activity includes both voluntary and involuntary sexual activity.	963

(F) Prior to taking testimony or receiving evidence of any	964
sexual activity of the victim or the defendant in a proceeding	965
under this section, the court shall resolve the admissibility of	966
the proposed evidence in a hearing in chambers, which shall be	967
held at or before preliminary hearing and not less than three days	968
before trial, or for good cause shown during the trial.	969

(G) Upon approval by the court, the victim may be represented	970
by counsel in any hearing in chambers or other proceeding to	971
resolve the admissibility of evidence. If the victim is indigent	972
or otherwise is unable to obtain the services of counsel, the	973
court, upon request, may appoint counsel to represent the victim	974
without cost to the victim.	975

Sec. 2907.07.  (A) No person shall solicit a person who is	976
less than thirteen years of age to engage in sexual activity with	977
the offender, whether or not the offender knows the age of such	978
person.	979

(B)(1) No person shall solicit another, not the spouse of the	980
offender, to engage in sexual conduct with the offender, when the	981
offender is eighteen years of age or older and four or more years	982
older than the other person, and the other person is thirteen	983
years of age or older but less than sixteen years of age, whether	984
or not the offender knows the age of the other person.	985

(2) No person shall solicit another, not the spouse of the	986
offender, to engage in sexual conduct with the offender, when the	987
offender is eighteen years of age or older and four or more years	988
older than the other person, and the other person is sixteen or	989
seventeen years of age and a victim of a violation of section	990
2905.32 of the Revised Code, andwhether or not the offender knows	991
or has reckless disregard of the age of the other person, or the	992
other person is a developmentally disabled person.	993

(3) As used in division (B)(2) of this section,	994
"developmentally disabled person" has the same meaning as in	995
section 5123.01 of the Revised Code.	996

(C) No person shall solicit another by means of a	997
telecommunications device, as defined in section 2913.01 of the	998
Revised Code, to engage in sexual activity with the offender when	999
the offender is eighteen years of age or older and either of the	1000
following applies:	1001

(1) The other person is less than thirteen years of age, and	1002
the offender knows that the other person is less than thirteen	1003
years of age or is reckless in that regard.	1004

(2) The other person is a law enforcement officer posing as a	1005
person who is less than thirteen years of age, and the offender	1006
believes that the other person is less than thirteen years of age	1007
or is reckless in that regard.	1008

(D) No person shall solicit another by means of a	1009
telecommunications device, as defined in section 2913.01 of the	1010
Revised Code, to engage in sexual activity with the offender when	1011
the offender is eighteen years of age or older and either of the	1012
following applies:	1013

(1) The other person is thirteen years of age or older but	1014
less than sixteen years of age, the offender knows that the other	1015
person is thirteen years of age or older but less than sixteen	1016
years of age or is reckless in that regard, and the offender is	1017
four or more years older than the other person.	1018

(2) The other person is a law enforcement officer posing as a	1019
person who is thirteen years of age or older but less than sixteen	1020
years of age, the offender believes that the other person is	1021
thirteen years of age or older but less than sixteen years of age	1022
or is reckless in that regard, and the offender is four or more	1023
years older than the age the law enforcement officer assumes in	1024
posing as the person who is thirteen years of age or older but	1025
less than sixteen years of age.	1026

(E) Divisions (C) and (D) of this section apply to any	1027
solicitation that is contained in a transmission via a	1028
telecommunications device that either originates in this state or	1029
is received in this state.	1030

(F)(1) Whoever violates this section is guilty of	1031
importuning.	1032

(2) Except as otherwise provided in this division, a	1033
violation of division (A) or (C) of this section is a felony of	1034
the third degree on a first offense, and, notwithstanding division	1035
(C) of section 2929.13 of the Revised Code, there is a presumption	1036
that a prison term shall be imposed as described in division (D)	1037
of section 2929.13 of the Revised Code. If the offender previously	1038
has been convicted of a sexually oriented offense or a	1039
child-victim oriented offense, a violation of division (A) or (C)	1040
of this section is a felony of the second degree, and the court	1041
shall impose upon the offender as a mandatory prison term one of	1042
the prison terms prescribed in section 2929.14 of the Revised Code	1043
for a felony of the second degree.	1044

(3) A violation of division (B) or (D) of this section is a	1045
felony of the fifth degree on a first offense, and,	1046
notwithstanding division (B) of section 2929.13 of the Revised	1047
Code, there is a presumption that a prison term shall be imposed	1048
as described in division (D) of section 2929.13 of the Revised	1049
Code. If the offender previously has been convicted of a sexually	1050
oriented offense or a child-victim oriented offense, a violation	1051
of division (B) or (D) of this section is a felony of the fourth	1052
degree, and the court shall impose upon the offender as a	1053
mandatory prison term one of the prison terms prescribed in	1054
section 2929.14 of the Revised Code for a felony of the fourth	1055
degree that is not less than twelve months in duration.	1056

Sec. 2907.19. (A) As used in this section:

1057

(1) "Advertisement for sexual activity for hire" or	1058
"advertisement" means any advertisement or offer in electronic or	1059
print media that includes an explicit or implicit offer for sexual	1060
activity for hire to occur in this state.	1061

(2) "Depiction" means any photograph, film, videotape, visual	1062
material, or printed material.	1063

(3) "Person" has the same meaning as in section 1.59 of the	1064
Revised Code.	1065

(B)(1) No person shall knowingly purchase or otherwise obtain	1066
advertising space for an advertisement for sexual activity for	1067
hire that includes a depiction of a minor.	1068

(2) No person shall knowingly publish, disseminate, or	1069
display or directly or indirectly cause to be published,	1070
disseminated, or displayed any advertisement for sexual activity	1071
for hire that includes the depiction of a minor.	1072

(C) Whoever violates this section is guilty of commercial	1073
sexual exploitation of a minor, a felony of the third degree.	1074

(D)(1) In any prosecution under this section, it is not a	1075
defense that the offender did not know the age of the person	1076
depicted in the advertisement, relied on an oral or written	1077
representation of the age of the person depicted in the	1078
advertisement, or relied on the apparent age of the person	1079
depicted in the advertisement.	1080

(2) In any prosecution under this section, it is an	1081
affirmative defense that the offender, prior to purchasing	1082
advertising space for the advertisement, made a reasonable bona	1083
fide attempt to ascertain the true age of the person depicted in	1084
the advertisement by requiring the person depicted in the	1085
advertisement to produce a driver's license, marriage license,	1086
birth certificate, or other government issued or school issued	1087
document that identifies the age of the person, provided the	1088
offender retains and produces a copy or other record of the	1089
driver's license, marriage license, birth certificate, or other	1090
document used to ascertain the age of the person depicted in the	1091
advertisement.	1092

Sec. 2907.22.  (A) No person shall knowingly:

1093

(1) Establish, maintain, operate, manage, supervise, control,	1094
or have an interest in a brothel or any other enterprise that	1095
through electronic means promotes or facilitates sexual activity	1096
for hire;	1097

(2) Supervise, manage, or control the activities of a	1098
prostitute in engaging in sexual activity for hire;	1099

(3) Transport another, or cause another to be transported	1100
across the boundary of this state or of any county in this state,	1101
in order to facilitate the other person's engaging in sexual	1102
activity for hire;	1103

(4) For the purpose of violating or facilitating a violation	1104
of this section, induce or procure another to engage in sexual	1105
activity for hire.	1106

(B) Whoever violates this section is guilty of promoting	1107
prostitution. Except as otherwise provided in this division,	1108
promoting prostitution is a felony of the fourth degree. If any	1109
prostitute in the brothel involved in the offense, or the	1110
prostitute whose activities are supervised, managed, or controlled	1111
by the offender, or the person transported, induced, or procured	1112
by the offender to engage in sexual activity for hire, is a minor,	1113
whether or not the offender knows the age of the minor, then	1114
promoting prostitution is a felony of the third degree. If the	1115
offender in any case also is convicted of or pleads guilty to a	1116
specification as described in section 2941.1422 of the Revised	1117
Code that was included in the indictment, count in the indictment,	1118
or information charging the offense, the court shall sentence the	1119
offender to a mandatory prison term as provided in division (B)(7)	1120
of section 2929.14 of the Revised Code and shall order the	1121
offender to make restitution as provided in division (B)(8) of	1122
section 2929.18 of the Revised Code.	1123

Sec. 2907.24.  (A)(1) No person shall solicit another who is	1124
eighteen years of age or older to engage with such other person in	1125
sexual activity for hire.	1126

(2) No person shall solicit another who is less than eighteen	1127
years of age or is a developmentally disabled person to engage	1128
with such other person in sexual activity for hire.	1129

(B) No person, with knowledge that the person has tested	1130
positive as a carrier of a virus that causes acquired	1131
immunodeficiency syndrome, shall engage in conduct in violation of	1132
division (A) of this section.	1133

(C)(1) Whoever violates division (A) of this section is	1134
guilty of soliciting,. A violation of division (A)(1) of this	1135
section is a misdemeanor of the third degree. A violation of	1136
division (A)(2) of this section is a felony of the third degree.	1137

(2) Whoever violates division (B) of this section is guilty	1138
of engaging in solicitation after a positive HIV test. If the	1139
offender commits the violation prior to July 1, 1996, engaging in	1140
solicitation after a positive HIV test is a felony of the second	1141
degree. If the offender commits the violation on or after July 1,	1142
1996, engaging in solicitation after a positive HIV test is a	1143
felony of the third degree.	1144

(D) If a person is convicted of or pleads guilty to a	1145
violation of any provision of this section, an attempt to commit a	1146
violation of any provision of this section, or a violation of or	1147
an attempt to commit a violation of a municipal ordinance that is	1148
substantially equivalent to any provision of this section and if	1149
the person, in committing or attempting to commit the violation,	1150
was in, was on, or used a motor vehicle, the court, in addition to	1151
or independent of all other penalties imposed for the violation,	1152
may impose upon the offender a class six suspension of the	1153
person's driver's license, commercial driver's license, temporary	1154
instruction permit, probationary license, or nonresident operating	1155
privilege from the range specified in division (A)(6) of section	1156
4510.02 of the Revised Code. In lieu of imposing upon the offender	1157
the class six suspension, the court instead may require the	1158
offender to perform community service for a number of hours	1159
determined by the court.	1160

(E) It is an affirmative defense to a charge under division	1161
(B) of this section that the defendant, at the time the defendant	1162
engaged in the prohibited conduct, was being victimized by a	1163
violation of section 2905.32 of the Revised Code, regardless of	1164
whether anyone has been convicted of a violation of that section	1165
or any other section of the Revised Code for victimizing the	1166
defendant.	1167

(F) As used in this section:

1168

(1) "Developmentally disabled person" has the same meaning as	1169
in section 5123.01 of the Revised Code.	1170

(2) "Sexually oriented offense" and "child-victim oriented	1171
offense" have the same meanings as in section 2950.01 of the	1172
Revised Code.	1173

Sec. 2907.241.  (A) No person, with purpose to solicit	1174
another to engage in sexual activity for hire and while in or near	1175
a public place, shall do any of the following:	1176

(1) Beckon to, stop, or attempt to stop another;

1177

(2) Engage or attempt to engage another in conversation;

1178

(3) Stop or attempt to stop the operator of a vehicle or	1179
approach a stationary vehicle;	1180

(4) If the offender is the operator of or a passenger in a	1181
vehicle, stop, attempt to stop, beckon to, attempt to beckon to,	1182
or entice another to approach or enter the vehicle of which the	1183
offender is the operator or in which the offender is the	1184
passenger;	1185

(5) Interfere with the free passage of another.

1186

(B) No person, with knowledge that the person has tested	1187
positive as a carrier of a virus that causes acquired	1188
immunodeficiency syndrome, shall engage in conduct in violation of	1189
division (A) of this section.	1190

(C) As used in this section:

1191

(1) "Vehicle" has the same meaning as in section 4501.01 of	1192
the Revised Code.	1193

(2) "Public place" means any of the following:

1194

(a) A street, road, highway, thoroughfare, bikeway, walkway,	1195
sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking	1196
lot, or transportation facility;	1197

(b) A doorway or entrance way to a building that fronts on a	1198
place described in division (C)(2)(a) of this section;	1199

(c) A place not described in division (C)(2)(a) or (b) of	1200
this section that is open to the public.	1201

(D) It is an affirmative defense to a charge under division	1202
(B) of this section that the defendant, at the time the defendant	1203
engaged in the prohibited conduct, was being victimized by a	1204
violation of section 2905.32 of the Revised Code, regardless of	1205
whether anyone has been convicted of a violation of that section	1206
or any other section of the Revised Code for victimizing the	1207
defendant.	1208

(E)(1) Whoever violates division (A) of this section is	1209
guilty of loitering to engage in solicitation, a misdemeanor of	1210
the third degree.	1211

(2) Whoever violates division (B) of this section is guilty	1212
of loitering to engage in solicitation after a positive HIV test.	1213
If the offender commits the violation prior to July 1, 1996,	1214
loitering to engage in solicitation after a positive HIV test is a	1215
felony of the fourth degree. If the offender commits the violation	1216
on or after July 1, 1996, loitering to engage in solicitation	1217
after a positive HIV test is a felony of the fifth degree.	1218

Sec. 2907.25.  (A) No person shall engage in sexual activity	1219
for hire.	1220

(B) No person, with knowledge that the person has tested	1221
positive as a carrier of a virus that causes acquired	1222
immunodeficiency syndrome, shall engage in sexual activity for	1223
hire.	1224

(C) It is an affirmative defense to a charge under division	1225
(B) of this section that the defendant, at the time the defendant	1226
engaged in the prohibited conduct, was being victimized by a	1227
violation of section 2905.32 of the Revised Code, regardless of	1228
whether anyone has been convicted of a violation of that section	1229
or any other section of the Revised Code for victimizing the	1230
defendant.	1231

(D)(1) Whoever violates division (A) of this section is	1232
guilty of prostitution, a misdemeanor of the third degree.	1233

(2) Whoever violates division (B) of this section is guilty	1234
of engaging in prostitution after a positive HIV test. If the	1235
offender commits the violation prior to July 1, 1996, engaging in	1236
prostitution after a positive HIV test is a felony of the second	1237
degree. If the offender commits the violation on or after July 1,	1238
1996, engaging in prostitution after a positive HIV test is a	1239
felony of the third degree.	1240

Sec. 2927.17.  (A) Except as provided in division (B) of this	1241
section, no person, by means of a statement, solicitation, or	1242
offer in a print or electronic publication, sign, placard,	1243
storefront display, or other medium, shall advertise the practice	1244
of massage or, directly or by implication, relaxation massage or	1245
any other massage technique or method.	1246

(B) Division (A) of this section does not apply to any of the	1247
following if the services advertised are within the scope of	1248
practice for which the individual who performs the services is	1249
certified or licensed:	1250

(1) An individual who holds a certificate or license issued	1251
under Title XLVII of the Revised Code that authorizes the	1252
certificate or license holder to practice massage or a massage	1253
technique or method;	1254

(2) A person that employs or contracts with an individual who	1255
holds a certificate or license issued under Title XLVII of the	1256
Revised Code that authorizes the certificate or license holder to	1257
practice massage or a massage technique or method;	1258

(3) An individual who holds a certificate or license issued	1259
by a political subdivision of this state to engage in massage;	1260

(4) A person that holds a certificate or license issued by a	1261
political subdivision of this state to operate a massage	1262
establishment.	1263

(C) Whoever violates this section is guilty of unlawful	1264
advertising of massage, a felony of the fifth degree.	1265

Sec. 2929.01.  As used in this chapter:

1266

(A)(1) "Alternative residential facility" means, subject to	1267
division (A)(2) of this section, any facility other than an	1268
offender's home or residence in which an offender is assigned to	1269
live and that satisfies all of the following criteria:	1270

(a) It provides programs through which the offender may seek	1271
or maintain employment or may receive education, training,	1272
treatment, or habilitation.	1273

(b) It has received the appropriate license or certificate	1274
for any specialized education, training, treatment, habilitation,	1275
or other service that it provides from the government agency that	1276
is responsible for licensing or certifying that type of education,	1277
training, treatment, habilitation, or service.	1278

(2) "Alternative residential facility" does not include a	1279
community-based correctional facility, jail, halfway house, or	1280
prison.	1281

(B) "Basic probation supervision" means a requirement that	1282
the offender maintain contact with a person appointed to supervise	1283
the offender in accordance with sanctions imposed by the court or	1284
imposed by the parole board pursuant to section 2967.28 of the	1285
Revised Code. "Basic probation supervision" includes basic parole	1286
supervision and basic post-release control supervision.	1287

(C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the	1288
same meanings as in section 2925.01 of the Revised Code.	1289

(D) "Community-based correctional facility" means a	1290
community-based correctional facility and program or district	1291
community-based correctional facility and program developed	1292
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	1293

(E) "Community control sanction" means a sanction that is not	1294
a prison term and that is described in section 2929.15, 2929.16,	1295
2929.17, or 2929.18 of the Revised Code or a sanction that is not	1296
a jail term and that is described in section 2929.26, 2929.27, or	1297
2929.28 of the Revised Code. "Community control sanction" includes	1298
probation if the sentence involved was imposed for a felony that	1299
was committed prior to July 1, 1996, or if the sentence involved	1300
was imposed for a misdemeanor that was committed prior to January	1301
1, 2004.	1302

(F) "Controlled substance," "marihuana," "schedule I," and	1303
"schedule II" have the same meanings as in section 3719.01 of the	1304
Revised Code.	1305

(G) "Curfew" means a requirement that an offender during a	1306
specified period of time be at a designated place.	1307

(H) "Day reporting" means a sanction pursuant to which an	1308
offender is required each day to report to and leave a center or	1309
other approved reporting location at specified times in order to	1310
participate in work, education or training, treatment, and other	1311
approved programs at the center or outside the center.	1312

(I) "Deadly weapon" has the same meaning as in section	1313
2923.11 of the Revised Code.	1314

(J) "Drug and alcohol use monitoring" means a program under	1315
which an offender agrees to submit to random chemical analysis of	1316
the offender's blood, breath, or urine to determine whether the	1317
offender has ingested any alcohol or other drugs.	1318

(K) "Drug treatment program" means any program under which a	1319
person undergoes assessment and treatment designed to reduce or	1320
completely eliminate the person's physical or emotional reliance	1321
upon alcohol, another drug, or alcohol and another drug and under	1322
which the person may be required to receive assessment and	1323
treatment on an outpatient basis or may be required to reside at a	1324
facility other than the person's home or residence while	1325
undergoing assessment and treatment.	1326

(L) "Economic loss" means any economic detriment suffered by	1327
a victim as a direct and proximate result of the commission of an	1328
offense and includes any loss of income due to lost time at work	1329
because of any injury caused to the victim, and any property loss,	1330
medical cost, or funeral expense incurred as a result of the	1331
commission of the offense. "Economic loss" does not include	1332
non-economic loss or any punitive or exemplary damages.	1333

(M) "Education or training" includes study at, or in	1334
conjunction with a program offered by, a university, college, or	1335
technical college or vocational study and also includes the	1336
completion of primary school, secondary school, and literacy	1337
curricula or their equivalent.	1338

(N) "Firearm" has the same meaning as in section 2923.11 of	1339
the Revised Code.	1340

(O) "Halfway house" means a facility licensed by the division	1341
of parole and community services of the department of	1342
rehabilitation and correction pursuant to section 2967.14 of the	1343
Revised Code as a suitable facility for the care and treatment of	1344
adult offenders.	1345

(P) "House arrest" means a period of confinement of an	1346
offender that is in the offender's home or in other premises	1347
specified by the sentencing court or by the parole board pursuant	1348
to section 2967.28 of the Revised Code and during which all of the	1349
following apply:	1350

(1) The offender is required to remain in the offender's home	1351
or other specified premises for the specified period of	1352
confinement, except for periods of time during which the offender	1353
is at the offender's place of employment or at other premises as	1354
authorized by the sentencing court or by the parole board.	1355

(2) The offender is required to report periodically to a	1356
person designated by the court or parole board.	1357

(3) The offender is subject to any other restrictions and	1358
requirements that may be imposed by the sentencing court or by the	1359
parole board.	1360

(Q) "Intensive probation supervision" means a requirement	1361
that an offender maintain frequent contact with a person appointed	1362
by the court, or by the parole board pursuant to section 2967.28	1363
of the Revised Code, to supervise the offender while the offender	1364
is seeking or maintaining necessary employment and participating	1365
in training, education, and treatment programs as required in the	1366
court's or parole board's order. "Intensive probation supervision"	1367
includes intensive parole supervision and intensive post-release	1368
control supervision.	1369

(R) "Jail" means a jail, workhouse, minimum security jail, or	1370
other residential facility used for the confinement of alleged or	1371
convicted offenders that is operated by a political subdivision or	1372
a combination of political subdivisions of this state.	1373

(S) "Jail term" means the term in a jail that a sentencing	1374
court imposes or is authorized to impose pursuant to section	1375
2929.24 or 2929.25 of the Revised Code or pursuant to any other	1376
provision of the Revised Code that authorizes a term in a jail for	1377
a misdemeanor conviction.	1378

(T) "Mandatory jail term" means the term in a jail that a	1379
sentencing court is required to impose pursuant to division (G) of	1380
section 1547.99 of the Revised Code, division (E) of section	1381
2903.06 or division (D) of section 2903.08 of the Revised Code,	1382
division (E) or (G) of section 2929.24 of the Revised Code,	1383
division (B) of section 4510.14 of the Revised Code, or division	1384
(G) of section 4511.19 of the Revised Code or pursuant to any	1385
other provision of the Revised Code that requires a term in a jail	1386
for a misdemeanor conviction.	1387

(U) "Delinquent child" has the same meaning as in section	1388
2152.02 of the Revised Code.	1389

(V) "License violation report" means a report that is made by	1390
a sentencing court, or by the parole board pursuant to section	1391
2967.28 of the Revised Code, to the regulatory or licensing board	1392
or agency that issued an offender a professional license or a	1393
license or permit to do business in this state and that specifies	1394
that the offender has been convicted of or pleaded guilty to an	1395
offense that may violate the conditions under which the offender's	1396
professional license or license or permit to do business in this	1397
state was granted or an offense for which the offender's	1398
professional license or license or permit to do business in this	1399
state may be revoked or suspended.	1400

(W) "Major drug offender" means an offender who is convicted	1401
of or pleads guilty to the possession of, sale of, or offer to	1402
sell any drug, compound, mixture, preparation, or substance that	1403
consists of or contains at least one thousand grams of hashish; at	1404
least one hundred grams of cocaine; at least two thousand five	1405
hundred unit doses or two hundred fifty grams of heroin; at least	1406
five thousand unit doses of L.S.D. or five hundred grams of L.S.D.	1407
in a liquid concentrate, liquid extract, or liquid distillate	1408
form; at least fifty grams of a controlled substance analog; or at	1409
least one hundred times the amount of any other schedule I or II	1410
controlled substance other than marihuana that is necessary to	1411
commit a felony of the third degree pursuant to section 2925.03,	1412
2925.04, 2925.05, or 2925.11 of the Revised Code that is based on	1413
the possession of, sale of, or offer to sell the controlled	1414
substance.	1415

(X) "Mandatory prison term" means any of the following:

1416

(1) Subject to division (X)(2) of this section, the term in	1417
prison that must be imposed for the offenses or circumstances set	1418
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	1419
2929.13 and division (B) of section 2929.14 of the Revised Code.	1420
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	1421
and 2925.11 of the Revised Code, unless the maximum or another	1422
specific term is required under section 2929.14 or 2929.142 of the	1423
Revised Code, a mandatory prison term described in this division	1424
may be any prison term authorized for the level of offense.	1425

(2) The term of sixty or one hundred twenty days in prison	1426
that a sentencing court is required to impose for a third or	1427
fourth degree felony OVI offense pursuant to division (G)(2) of	1428
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	1429
of the Revised Code or the term of one, two, three, four, or five	1430
years in prison that a sentencing court is required to impose	1431
pursuant to division (G)(2) of section 2929.13 of the Revised	1432
Code.	1433

(3) The term in prison imposed pursuant to division (A) of	1434
section 2971.03 of the Revised Code for the offenses and in the	1435
circumstances described in division (F)(11) of section 2929.13 of	1436
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	1437
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	1438
2971.03 of the Revised Code and that term as modified or	1439
terminated pursuant to section 2971.05 of the Revised Code.	1440

(Y) "Monitored time" means a period of time during which an	1441
offender continues to be under the control of the sentencing court	1442
or parole board, subject to no conditions other than leading a	1443
law-abiding life.	1444

(Z) "Offender" means a person who, in this state, is	1445
convicted of or pleads guilty to a felony or a misdemeanor.	1446

(AA) "Prison" means a residential facility used for the	1447
confinement of convicted felony offenders that is under the	1448
control of the department of rehabilitation and correction but	1449
does not include a violation sanction center operated under	1450
authority of section 2967.141 of the Revised Code.	1451

(BB) "Prison term" includes either of the following sanctions	1452
for an offender:	1453

(1) A stated prison term;

1454

(2) A term in a prison shortened by, or with the approval of,	1455
the sentencing court pursuant to section 2929.143, 2929.20,	1456
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.	1457

(CC) "Repeat violent offender" means a person about whom both	1458
of the following apply:	1459

(1) The person is being sentenced for committing or for	1460
complicity in committing any of the following:	1461

(a) Aggravated murder, murder, any felony of the first or	1462
second degree that is an offense of violence, or an attempt to	1463
commit any of these offenses if the attempt is a felony of the	1464
first or second degree;	1465

(b) An offense under an existing or former law of this state,	1466
another state, or the United States that is or was substantially	1467
equivalent to an offense described in division (CC)(1)(a) of this	1468
section.	1469

(2) The person previously was convicted of or pleaded guilty	1470
to an offense described in division (CC)(1)(a) or (b) of this	1471
section.	1472

(DD) "Sanction" means any penalty imposed upon an offender	1473
who is convicted of or pleads guilty to an offense, as punishment	1474
for the offense. "Sanction" includes any sanction imposed pursuant	1475
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	1476
2929.28 of the Revised Code.	1477

(EE) "Sentence" means the sanction or combination of	1478
sanctions imposed by the sentencing court on an offender who is	1479
convicted of or pleads guilty to an offense.	1480

(FF) "Stated prison term" means the prison term, mandatory	1481
prison term, or combination of all prison terms and mandatory	1482
prison terms imposed by the sentencing court pursuant to section	1483
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	1484
2919.25 of the Revised Code. "Stated prison term" includes any	1485
credit received by the offender for time spent in jail awaiting	1486
trial, sentencing, or transfer to prison for the offense and any	1487
time spent under house arrest or house arrest with electronic	1488
monitoring imposed after earning credits pursuant to section	1489
2967.193 of the Revised Code. If an offender is serving a prison	1490
term as a risk reduction sentence under sections 2929.143 and	1491
5120.036 of the Revised Code, "stated prison term" includes any	1492
period of time by which the prison term imposed upon the offender	1493
is shortened by the offender's successful completion of all	1494
assessment and treatment or programming pursuant to those	1495
sections.	1496

(GG) "Victim-offender mediation" means a reconciliation or	1497
mediation program that involves an offender and the victim of the	1498
offense committed by the offender and that includes a meeting in	1499
which the offender and the victim may discuss the offense, discuss	1500
restitution, and consider other sanctions for the offense.	1501

(HH) "Fourth degree felony OVI offense" means a violation of	1502
division (A) of section 4511.19 of the Revised Code that, under	1503
division (G) of that section, is a felony of the fourth degree.	1504

(II) "Mandatory term of local incarceration" means the term	1505
of sixty or one hundred twenty days in a jail, a community-based	1506
correctional facility, a halfway house, or an alternative	1507
residential facility that a sentencing court may impose upon a	1508
person who is convicted of or pleads guilty to a fourth degree	1509
felony OVI offense pursuant to division (G)(1) of section 2929.13	1510
of the Revised Code and division (G)(1)(d) or (e) of section	1511
4511.19 of the Revised Code.	1512

(JJ) "Designated homicide, assault, or kidnapping offense,"	1513
"violent sex offense," "sexual motivation specification,"	1514
"sexually violent offense," "sexually violent predator," and	1515
"sexually violent predator specification" have the same meanings	1516
as in section 2971.01 of the Revised Code.	1517

(KK) "Sexually oriented offense," "child-victim oriented	1518
offense," and "tier III sex offender/child-victim offender" have	1519
the same meanings as in section 2950.01 of the Revised Code.	1520

(LL) An offense is "committed in the vicinity of a child" if	1521
the offender commits the offense within thirty feet of or within	1522
the same residential unit as a child who is under eighteen years	1523
of age, regardless of whether the offender knows the age of the	1524
child or whether the offender knows the offense is being committed	1525
within thirty feet of or within the same residential unit as the	1526
child and regardless of whether the child actually views the	1527
commission of the offense.	1528

(MM) "Family or household member" has the same meaning as in	1529
section 2919.25 of the Revised Code.	1530

(NN) "Motor vehicle" and "manufactured home" have the same	1531
meanings as in section 4501.01 of the Revised Code.	1532

(OO) "Detention" and "detention facility" have the same	1533
meanings as in section 2921.01 of the Revised Code.	1534

(PP) "Third degree felony OVI offense" means a violation of	1535
division (A) of section 4511.19 of the Revised Code that, under	1536
division (G) of that section, is a felony of the third degree.	1537

(QQ) "Random drug testing" has the same meaning as in section	1538
5120.63 of the Revised Code.	1539

(RR) "Felony sex offense" has the same meaning as in section	1540
2967.28 of the Revised Code.	1541

(SS) "Body armor" has the same meaning as in section	1542
2941.1411 of the Revised Code.	1543

(TT) "Electronic monitoring" means monitoring through the use	1544
of an electronic monitoring device.	1545

(UU) "Electronic monitoring device" means any of the	1546
following:	1547

(1) Any device that can be operated by electrical or battery	1548
power and that conforms with all of the following:	1549

(a) The device has a transmitter that can be attached to a	1550
person, that will transmit a specified signal to a receiver of the	1551
type described in division (UU)(1)(b) of this section if the	1552
transmitter is removed from the person, turned off, or altered in	1553
any manner without prior court approval in relation to electronic	1554
monitoring or without prior approval of the department of	1555
rehabilitation and correction in relation to the use of an	1556
electronic monitoring device for an inmate on transitional control	1557
or otherwise is tampered with, that can transmit continuously and	1558
periodically a signal to that receiver when the person is within a	1559
specified distance from the receiver, and that can transmit an	1560
appropriate signal to that receiver if the person to whom it is	1561
attached travels a specified distance from that receiver.	1562

(b) The device has a receiver that can receive continuously	1563
the signals transmitted by a transmitter of the type described in	1564
division (UU)(1)(a) of this section, can transmit continuously	1565
those signals by a wireless or landline telephone connection to a	1566
central monitoring computer of the type described in division	1567
(UU)(1)(c) of this section, and can transmit continuously an	1568
appropriate signal to that central monitoring computer if the	1569
device has been turned off or altered without prior court approval	1570
or otherwise tampered with. The device is designed specifically	1571
for use in electronic monitoring, is not a converted wireless	1572
phone or another tracking device that is clearly not designed for	1573
electronic monitoring, and provides a means of text-based or voice	1574
communication with the person.	1575

(c) The device has a central monitoring computer that can	1576
receive continuously the signals transmitted by a wireless or	1577
landline telephone connection by a receiver of the type described	1578
in division (UU)(1)(b) of this section and can monitor	1579
continuously the person to whom an electronic monitoring device of	1580
the type described in division (UU)(1)(a) of this section is	1581
attached.	1582

(2) Any device that is not a device of the type described in	1583
division (UU)(1) of this section and that conforms with all of the	1584
following:	1585

(a) The device includes a transmitter and receiver that can	1586
monitor and determine the location of a subject person at any	1587
time, or at a designated point in time, through the use of a	1588
central monitoring computer or through other electronic means.	1589

(b) The device includes a transmitter and receiver that can	1590
determine at any time, or at a designated point in time, through	1591
the use of a central monitoring computer or other electronic means	1592
the fact that the transmitter is turned off or altered in any	1593
manner without prior approval of the court in relation to the	1594
electronic monitoring or without prior approval of the department	1595
of rehabilitation and correction in relation to the use of an	1596
electronic monitoring device for an inmate on transitional control	1597
or otherwise is tampered with.	1598

(3) Any type of technology that can adequately track or	1599
determine the location of a subject person at any time and that is	1600
approved by the director of rehabilitation and correction,	1601
including, but not limited to, any satellite technology, voice	1602
tracking system, or retinal scanning system that is so approved.	1603

(VV) "Non-economic loss" means nonpecuniary harm suffered by	1604
a victim of an offense as a result of or related to the commission	1605
of the offense, including, but not limited to, pain and suffering;	1606
loss of society, consortium, companionship, care, assistance,	1607
attention, protection, advice, guidance, counsel, instruction,	1608
training, or education; mental anguish; and any other intangible	1609
loss.	1610

(WW) "Prosecutor" has the same meaning as in section 2935.01	1611
of the Revised Code.	1612

(XX) "Continuous alcohol monitoring" means the ability to	1613
automatically test and periodically transmit alcohol consumption	1614
levels and tamper attempts at least every hour, regardless of the	1615
location of the person who is being monitored.	1616

(YY) A person is "adjudicated a sexually violent predator" if	1617
the person is convicted of or pleads guilty to a violent sex	1618
offense and also is convicted of or pleads guilty to a sexually	1619
violent predator specification that was included in the	1620
indictment, count in the indictment, or information charging that	1621
violent sex offense or if the person is convicted of or pleads	1622
guilty to a designated homicide, assault, or kidnapping offense	1623
and also is convicted of or pleads guilty to both a sexual	1624
motivation specification and a sexually violent predator	1625
specification that were included in the indictment, count in the	1626
indictment, or information charging that designated homicide,	1627
assault, or kidnapping offense.	1628

(ZZ) An offense is "committed in proximity to a school" if	1629
the offender commits the offense in a school safety zone or within	1630
five hundred feet of any school building or the boundaries of any	1631
school premises, regardless of whether the offender knows the	1632
offense is being committed in a school safety zone or within five	1633
hundred feet of any school building or the boundaries of any	1634
school premises.	1635

(AAA) "Human trafficking" means a scheme or plan to which all	1636
of the following apply:	1637

(1) Its object is to subject a victim or victims to	1638
involuntary servitude, as defined in section 2905.31 of the	1639
Revised Code, to compel a victim who is not a minor or victims who	1640
are not minors to engage in sexual activity for hire, to engage in	1641
a performance that is obscene, sexually oriented, or nudity	1642
oriented, or to be a model or participant in the production of	1643
material that is obscene, sexually oriented, or nudity oriented,	1644
or to facilitate, permit, encourage, or recruit a victim who is a	1645
minor or victims who are minors to engage in sexual activity for	1646
hire, to engage in a performance that is obscene, sexually	1647
oriented, or nudity oriented, or to be a model or participant in	1648
the production of material that is obscene, sexually oriented, or	1649
nudity oriented.	1650

(2) It involves at least two felony offenses, whether or not	1651
there has been a prior conviction for any of the felony offenses,	1652
to which all of the following apply:	1653

(a) Each of the felony offenses is a violation of section	1654
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	1655
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	1656
(4), or (5) of section 2919.22 of the Revised Code or is a	1657
violation of a law of any state other than this state that is	1658
substantially similar to any of the sections or divisions of the	1659
Revised Code identified in this division.	1660

(b) At least one of the felony offenses was committed in this	1661
state.	1662

(c) The felony offenses are related to the same scheme or	1663
plan and are not isolated instances.	1664

(BBB) "Material," "nudity," "obscene," "performance," and	1665
"sexual activity" have the same meanings as in section 2907.01 of	1666
the Revised Code.	1667

(CCC) "Material that is obscene, sexually oriented, or nudity	1668
oriented" means any material that is obscene, that shows a person	1669
participating or engaging in sexual activity, masturbation, or	1670
bestiality, or that shows a person in a state of nudity.	1671

(DDD) "Performance that is obscene, sexually oriented, or	1672
nudity oriented" means any performance that is obscene, that shows	1673
a person participating or engaging in sexual activity,	1674
masturbation, or bestiality, or that shows a person in a state of	1675
nudity.	1676

Sec. 2937.11.  (A)(1) As used in divisions (B) and (C) of	1677
this section, "victim" includes any person who was a victim of a	1678
felony violation identified in division (B) of this section or a	1679
felony offense of violence or against whom was directed any	1680
conduct that constitutes, or that is an element of, a felony	1681
violation identified in division (B) of this section or a felony	1682
offense of violence.	1683

(2) As used in division (D) of this section, "victim"	1684
includes any person who was a victim of a violation of section	1685
2905.32 of the Revised Code or against whom was directed any	1686
conduct that constitutes, or is an element of, a violation of	1687
section 2905.32 of the Revised Code.	1688

(3) At the preliminary hearing set pursuant to section	1689
2937.10 of the Revised Code and the Criminal Rules, the prosecutor	1690
may state, but is not required to state, orally the case for the	1691
state and shall then proceed to examine witnesses and introduce	1692
exhibits for the state. The accused and the magistrate have full	1693
right of cross examination, and the accused has the right of	1694
inspection of exhibits prior to their introduction. The hearing	1695
shall be conducted under the rules of evidence prevailing in	1696
criminal trials generally. On motion of either the state or the	1697
accused, witnesses shall be separated and not permitted in the	1698
hearing room except when called to testify.	1699

(B) In a case involving an alleged felony violation of	1700
section 2905.05, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05,	1701
2907.21, 2907.24, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1702
or 2919.22 of the Revised Code or an alleged felony offense of	1703
violence and in which an alleged victim of the alleged violation	1704
or offense was less than thirteen years of age when the complaint	1705
or information was filed, whichever occurred earlier, upon motion	1706
of the prosecution, the testimony of the child victim at the	1707
preliminary hearing may be taken in a room other than the room in	1708
which the preliminary hearing is being conducted and be televised,	1709
by closed circuit equipment, into the room in which the	1710
preliminary hearing is being conducted, in accordance with	1711
division (C) of section 2945.481 of the Revised Code.	1712

(C) In a case involving an alleged felony violation listed in	1713
division (B) of this section or an alleged felony offense of	1714
violence and in which an alleged victim of the alleged violation	1715
or offense was less than thirteen years of age when the complaint	1716
or information was filed, whichever occurred earlier, the court,	1717
on written motion of the prosecutor in the case filed at least	1718
three days prior to the hearing, shall order that all testimony of	1719
the child victim be recorded and preserved on videotape, in	1720
addition to being recorded for purposes of the transcript of the	1721
proceeding. If such an order is issued, it shall specifically	1722
identify the child victim concerning whose testimony it pertains,	1723
apply only during the testimony of the child victim it	1724
specifically identifies, and apply to all testimony of the child	1725
victim presented at the hearing, regardless of whether the child	1726
victim is called as a witness by the prosecution or by the	1727
defense.	1728

(D)(1)(a) In a case involving an alleged violation of section	1729
2905.32 of the Revised Code, upon motion of the prosecution, the	1730
testimony of the victim at the preliminary hearing may be taken in	1731
a place or room other than the room in which the preliminary	1732
hearing is being conducted and be televised, by closed circuit	1733
equipment, into the room in which the preliminary hearing is being	1734
conducted, to be viewed by the accused and any other persons who	1735
are not permitted in the room in which the testimony is to be	1736
taken but who would have been present during the testimony of the	1737
victim had it been given in the room in which the preliminary	1738
hearing is being conducted. Except for good cause shown, the	1739
prosecution shall file a motion under this division at least seven	1740
days before the date of the preliminary hearing.	1741

(b) Upon the motion of the prosecution filed under division	1742
(D)(1)(a) of this section and if the judge or magistrate	1743
determines that the victim is unavailable to testify in the room	1744
in which the preliminary hearing is being conducted in the	1745
physical presence of the accused for one or more of the reasons	1746
set forth in division (D)(2) of this section, the judge or	1747
magistrate may issue an order for the testimony of the victim to	1748
be taken in a place or room other than the room in which the	1749
preliminary hearing is being conducted and televised, by closed	1750
circuit equipment, into the room in which the preliminary hearing	1751
is being conducted. If a judge or magistrate issues an order of	1752
that nature, the judge or magistrate shall exclude from the room	1753
in which the testimony of the victim is to be taken every person	1754
except the following:	1755

(i) The victim giving the testimony;

1756

(ii) The judge or magistrate;

1757

(iii) One or more interpreters if needed;

1758

(iv) The attorneys for the prosecution and the defense;

1759

(v) Any person needed to operate the equipment to be used;

1760

(vi) One person chosen by the victim giving the testimony;

1761

(vii) Any person whose presence the judge or magistrate	1762
determines would contribute to the welfare and well-being of the	1763
victim giving the testimony.	1764

(c) The person chosen by the victim under division	1765
(D)(1)(b)(vi) of this section shall not be a witness in the	1766
preliminary hearing and, both before and during the testimony,	1767
shall not discuss the testimony of the victim with any other	1768
witness in the preliminary hearing.	1769

(d) The judge or magistrate, at the judge's or magistrate's	1770
discretion, may preside during the giving of the testimony by	1771
electronic means from outside the room in which it is being given,	1772
subject to the limitations set forth in this division. If the	1773
judge or magistrate presides by electronic means, the judge or	1774
magistrate shall be provided with monitors on which the judge or	1775
magistrate can see each person in the room in which the testimony	1776
is to be taken and with an electronic means of communication with	1777
each person, and each person in the room shall be provided with a	1778
monitor on which that person can see the judge or magistrate and	1779
with an electronic means of communication with the judge or	1780
magistrate. To the extent feasible, any person operating the	1781
televising equipment shall be restricted to a room adjacent to the	1782
room in which the testimony is being taken, or to a location in	1783
the room in which the testimony is being taken that is behind a	1784
screen or mirror, so that the person operating the televising	1785
equipment can see and hear, but cannot be seen or heard by, the	1786
victim giving the testimony during the testimony. The accused	1787
shall be permitted to observe and hear the testimony of the victim	1788
giving the testimony on a monitor, shall be provided with an	1789
electronic means of immediate communication with the attorney of	1790
the accused during the testimony, and shall be restricted to a	1791
location from which the accused cannot be seen or heard by the	1792
victim giving the testimony, except on a monitor provided for that	1793
purpose. The accused and the judge or magistrate have full right	1794
of cross examination, and the accused has the right of inspection	1795
of exhibits prior to their introduction. The victim giving the	1796
testimony shall be provided with a monitor on which the victim can	1797
observe the accused during the testimony.	1798

(2) For purposes of division (D)(1) of this section, a judge	1799
or magistrate may order the testimony of a victim to be taken at a	1800
place or room outside the room in which the preliminary hearing is	1801
being conducted if the judge or magistrate determines that the	1802
victim is unavailable to testify in the room in the physical	1803
presence of the accused due to one or more of the following:	1804

(a) The inability of the victim to communicate about the	1805
alleged offense because of extreme fear, severe trauma, or another	1806
similar reason;	1807

(b) The substantial likelihood that the victim will suffer	1808
serious emotional trauma from so testifying;	1809

(c) The victim is at a hospital for care and treatment for	1810
any physical, mental, or emotional injury suffered by reason of	1811
the alleged offense.	1812

Sec. 2950.01. As used in this chapter, unless the context	1813
clearly requires otherwise:	1814

(A) "Sexually oriented offense" means any of the following	1815
violations or offenses committed by a person, regardless of the	1816
person's age:	1817

(1) A violation of section 2907.02, 2907.03, 2907.05,	1818
2907.06, 2907.07, 2907.08, 2907.21, 2907.22, 2907.32, 2907.321,	1819
2907.322, or 2907.323 of the Revised Code;	1820

(2) A violation of section 2907.04 of the Revised Code when	1821
the offender is less than four years older than the other person	1822
with whom the offender engaged in sexual conduct, the other person	1823
did not consent to the sexual conduct, and the offender previously	1824
has not been convicted of or pleaded guilty to a violation of	1825
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1826
violation of former section 2907.12 of the Revised Code;	1827

(3) A violation of section 2907.04 of the Revised Code when	1828
the offender is at least four years older than the other person	1829
with whom the offender engaged in sexual conduct or when the	1830
offender is less than four years older than the other person with	1831
whom the offender engaged in sexual conduct and the offender	1832
previously has been convicted of or pleaded guilty to a violation	1833
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1834
violation of former section 2907.12 of the Revised Code;	1835

(4) A violation of section 2903.01, 2903.02, or 2903.11 of	1836
the Revised Code when the violation was committed with a sexual	1837
motivation;	1838

(5) A violation of division (A) of section 2903.04 of the	1839
Revised Code when the offender committed or attempted to commit	1840
the felony that is the basis of the violation with a sexual	1841
motivation;	1842

(6) A violation of division (A)(3) of section 2903.211 of the	1843
Revised Code;	1844

(7) A violation of division (A)(1), (2), (3), or (5) of	1845
section 2905.01 of the Revised Code when the offense is committed	1846
with a sexual motivation;	1847

(8) A violation of division (A)(4) of section 2905.01 of the	1848
Revised Code;	1849

(9) A violation of division (B) of section 2905.01 of the	1850
Revised Code when the victim of the offense is under eighteen	1851
years of age and the offender is not a parent of the victim of the	1852
offense;	1853

(10) A violation of division (B) of section 2903.03, of	1854
division (B) of section 2905.02, of division (B) of section	1855
2905.03, of division (B) of section 2905.05, or of division (B)(5)	1856
of section 2919.22 of the Revised Code;	1857

(11) A violation of section 2905.32 of the Revised Code when	1858
the offender knowingly recruited, lured, enticed, isolated,	1859
harbored, transported, provided, obtained, or maintained, or	1860
knowingly attempted to recruit, lure, entice, isolate, harbor,	1861
transport, provide, obtain, or maintain, another person knowing	1862
that the person would be compelled to engage in sexual activity	1863
for hire, engage in a performance that was obscene, sexually	1864
oriented, or nudity oriented, or be a model or participant in the	1865
production of material that was obscene, sexually oriented, or	1866
nudity oriented;	1867

(12) A violation of any former law of this state, any	1868
existing or former municipal ordinance or law of another state or	1869
the United States, any existing or former law applicable in a	1870
military court or in an Indian tribal court, or any existing or	1871
former law of any nation other than the United States that is or	1872
was substantially equivalent to any offense listed in division	1873
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of	1874
this section;	1875

(13) A violation of division (A)(2) of section 2907.24 of the	1876
Revised Code;	1877

(14) Any attempt to commit, conspiracy to commit, or	1878
complicity in committing any offense listed in division (A)(1),	1879
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12), or	1880
(13) of this section.	1881

(B)(1) "Sex offender" means, subject to division (B)(2) of	1882
this section, a person who is convicted of, pleads guilty to, has	1883
been convicted of, has pleaded guilty to, is adjudicated a	1884
delinquent child for committing, or has been adjudicated a	1885
delinquent child for committing any sexually oriented offense.	1886

(2) "Sex offender" does not include a person who is convicted	1887
of, pleads guilty to, has been convicted of, has pleaded guilty	1888
to, is adjudicated a delinquent child for committing, or has been	1889
adjudicated a delinquent child for committing a sexually oriented	1890
offense if the offense involves consensual sexual conduct or	1891
consensual sexual contact and either of the following applies:	1892

(a) The victim of the sexually oriented offense was eighteen	1893
years of age or older and at the time of the sexually oriented	1894
offense was not under the custodial authority of the person who is	1895
convicted of, pleads guilty to, has been convicted of, has pleaded	1896
guilty to, is adjudicated a delinquent child for committing, or	1897
has been adjudicated a delinquent child for committing the	1898
sexually oriented offense.	1899

(b) The victim of the offense was thirteen years of age or	1900
older, and the person who is convicted of, pleads guilty to, has	1901
been convicted of, has pleaded guilty to, is adjudicated a	1902
delinquent child for committing, or has been adjudicated a	1903
delinquent child for committing the sexually oriented offense is	1904
not more than four years older than the victim.	1905

(C) "Child-victim oriented offense" means any of the	1906
following violations or offenses committed by a person, regardless	1907
of the person's age, when the victim is under eighteen years of	1908
age and is not a child of the person who commits the violation:	1909

(1) A violation of division (A)(1), (2), (3), or (5) of	1910
section 2905.01 of the Revised Code when the violation is not	1911
included in division (A)(7) of this section;	1912

(2) A violation of division (A) of section 2905.02, division	1913
(A) of section 2905.03, or division (A) of section 2905.05 of the	1914
Revised Code;	1915

(3) A violation of any former law of this state, any existing	1916
or former municipal ordinance or law of another state or the	1917
United States, any existing or former law applicable in a military	1918
court or in an Indian tribal court, or any existing or former law	1919
of any nation other than the United States that is or was	1920
substantially equivalent to any offense listed in division (C)(1)	1921
or (2) of this section;	1922

(4) Any attempt to commit, conspiracy to commit, or	1923
complicity in committing any offense listed in division (C)(1),	1924
(2), or (3) of this section.	1925

(D) "Child-victim offender" means a person who is convicted	1926
of, pleads guilty to, has been convicted of, has pleaded guilty	1927
to, is adjudicated a delinquent child for committing, or has been	1928
adjudicated a delinquent child for committing any child-victim	1929
oriented offense.	1930

(E) "Tier I sex offender/child-victim offender" means any of	1931
the following:	1932

(1) A sex offender who is convicted of, pleads guilty to, has	1933
been convicted of, or has pleaded guilty to any of the following	1934
sexually oriented offenses:	1935

(a) A violation of section 2907.06, 2907.07, 2907.08,	1936
2907.22, or 2907.32 of the Revised Code;	1937

(b) A violation of section 2907.04 of the Revised Code when	1938
the offender is less than four years older than the other person	1939
with whom the offender engaged in sexual conduct, the other person	1940
did not consent to the sexual conduct, and the offender previously	1941
has not been convicted of or pleaded guilty to a violation of	1942
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1943
violation of former section 2907.12 of the Revised Code;	1944

(c) A violation of division (A)(1), (2), (3), or (5) of	1945
section 2907.05 of the Revised Code;	1946

(d) A violation of division (A)(3) of section 2907.323 of the	1947
Revised Code;	1948

(e) A violation of division (A)(3) of section 2903.211, of	1949
division (B) of section 2905.03, or of division (B) of section	1950
2905.05 of the Revised Code;	1951

(f) A violation of any former law of this state, any existing	1952
or former municipal ordinance or law of another state or the	1953
United States, any existing or former law applicable in a military	1954
court or in an Indian tribal court, or any existing or former law	1955
of any nation other than the United States, that is or was	1956
substantially equivalent to any offense listed in division	1957
(E)(1)(a), (b), (c), (d), or (e) of this section;	1958

(g) Any attempt to commit, conspiracy to commit, or	1959
complicity in committing any offense listed in division (E)(1)(a),	1960
(b), (c), (d), (e), or (f) of this section.	1961

(2) A child-victim offender who is convicted of, pleads	1962
guilty to, has been convicted of, or has pleaded guilty to a	1963
child-victim oriented offense and who is not within either	1964
category of child-victim offender described in division (F)(2) or	1965
(G)(2) of this section.	1966

(3) A sex offender who is adjudicated a delinquent child for	1967
committing or has been adjudicated a delinquent child for	1968
committing any sexually oriented offense and who a juvenile court,	1969
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	1970
Revised Code, classifies a tier I sex offender/child-victim	1971
offender relative to the offense.	1972

(4) A child-victim offender who is adjudicated a delinquent	1973
child for committing or has been adjudicated a delinquent child	1974
for committing any child-victim oriented offense and who a	1975
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	1976
2152.85 of the Revised Code, classifies a tier I sex	1977
offender/child-victim offender relative to the offense.	1978

(F) "Tier II sex offender/child-victim offender" means any of	1979
the following:	1980

(1) A sex offender who is convicted of, pleads guilty to, has	1981
been convicted of, or has pleaded guilty to any of the following	1982
sexually oriented offenses:	1983

(a) A violation of section 2907.21, 2907.321, or 2907.322 or	1984
a felony violation of section 2905.321 of the Revised Code;	1985

(b) A violation of section 2907.04 of the Revised Code when	1986
the offender is at least four years older than the other person	1987
with whom the offender engaged in sexual conduct, or when the	1988
offender is less than four years older than the other person with	1989
whom the offender engaged in sexual conduct and the offender	1990
previously has been convicted of or pleaded guilty to a violation	1991
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or	1992
former section 2907.12 of the Revised Code;	1993

(c) A violation of division (A)(4) of section 2907.05, of	1994
division (A)(2) of section 2907.24, or of division (A)(1) or (2)	1995
of section 2907.323 of the Revised Code;	1996

(d) A violation of division (A)(1), (2), (3), or (5) of	1997
section 2905.01 of the Revised Code when the offense is committed	1998
with a sexual motivation;	1999

(e) A violation of division (A)(4) of section 2905.01 of the	2000
Revised Code when the victim of the offense is eighteen years of	2001
age or older;	2002

(f) A violation of division (B) of section 2905.02 or of	2003
division (B)(5) of section 2919.22 of the Revised Code;	2004

(g) A violation of section 2905.32 of the Revised Code when	2005
the offender knowingly recruited, lured, enticed, isolated,	2006
harbored, transported, provided, obtained, or maintained, or	2007
knowingly attempted to recruit, lure, entice, isolate, harbor,	2008
transport, provide, obtain, or maintain, another person knowing	2009
that the person would be compelled to engage in sexual activity	2010
for hire, engage in a performance that was obscene, sexually	2011
oriented, or nudity oriented, or be a model or participant in the	2012
production of material that was obscene, sexually oriented, or	2013
nudity oriented;	2014

(h) A violation of any former law of this state, any existing	2015
or former municipal ordinance or law of another state or the	2016
United States, any existing or former law applicable in a military	2017
court or in an Indian tribal court, or any existing or former law	2018
of any nation other than the United States that is or was	2019
substantially equivalent to any offense listed in division	2020
(F)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;	2021

(i) Any attempt to commit, conspiracy to commit, or	2022
complicity in committing any offense listed in division (F)(1)(a),	2023
(b), (c), (d), (e), (f), (g), or (h) of this section;	2024

(j) Any sexually oriented offense that is committed after the	2025
sex offender previously has been convicted of, pleaded guilty to,	2026
or has been adjudicated a delinquent child for committing any	2027
sexually oriented offense or child-victim oriented offense for	2028
which the offender was classified a tier I sex	2029
offender/child-victim offender.	2030

(2) A child-victim offender who is convicted of, pleads	2031
guilty to, has been convicted of, or has pleaded guilty to any	2032
child-victim oriented offense when the child-victim oriented	2033
offense is committed after the child-victim offender previously	2034
has been convicted of, pleaded guilty to, or been adjudicated a	2035
delinquent child for committing any sexually oriented offense or	2036
child-victim oriented offense for which the offender was	2037
classified a tier I sex offender/child-victim offender.	2038

(3) A sex offender who is adjudicated a delinquent child for	2039
committing or has been adjudicated a delinquent child for	2040
committing any sexually oriented offense and who a juvenile court,	2041
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	2042
Revised Code, classifies a tier II sex offender/child-victim	2043
offender relative to the offense.	2044

(4) A child-victim offender who is adjudicated a delinquent	2045
child for committing or has been adjudicated a delinquent child	2046
for committing any child-victim oriented offense and whom a	2047
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	2048
2152.85 of the Revised Code, classifies a tier II sex	2049
offender/child-victim offender relative to the current offense.	2050

(5) A sex offender or child-victim offender who is not in any	2051
category of tier II sex offender/child-victim offender set forth	2052
in division (F)(1), (2), (3), or (4) of this section, who prior to	2053
January 1, 2008, was adjudicated a delinquent child for committing	2054
a sexually oriented offense or child-victim oriented offense, and	2055
who prior to that date was determined to be a habitual sex	2056
offender or determined to be a habitual child-victim offender,	2057
unless either of the following applies:	2058

(a) The sex offender or child-victim offender is reclassified	2059
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	2060
tier I sex offender/child-victim offender or a tier III sex	2061
offender/child-victim offender relative to the offense.	2062

(b) A juvenile court, pursuant to section 2152.82, 2152.83,	2063
2152.84, or 2152.85 of the Revised Code, classifies the child a	2064
tier I sex offender/child-victim offender or a tier III sex	2065
offender/child-victim offender relative to the offense.	2066

(G) "Tier III sex offender/child-victim offender" means any	2067
of the following:	2068

(1) A sex offender who is convicted of, pleads guilty to, has	2069
been convicted of, or has pleaded guilty to any of the following	2070
sexually oriented offenses:	2071

(a) A violation of section 2907.02 or 2907.03 of the Revised	2072
Code;	2073

(b) A violation of division (B) of section 2907.05 of the	2074
Revised Code;	2075

(c) A violation of section 2903.01, 2903.02, or 2903.11 of	2076
the Revised Code when the violation was committed with a sexual	2077
motivation;	2078

(d) A violation of division (A) of section 2903.04 of the	2079
Revised Code when the offender committed or attempted to commit	2080
the felony that is the basis of the violation with a sexual	2081
motivation;	2082

(e) A violation of division (A)(4) of section 2905.01 of the	2083
Revised Code when the victim of the offense is under eighteen	2084
years of age;	2085

(f) A violation of division (B) of section 2905.01 of the	2086
Revised Code when the victim of the offense is under eighteen	2087
years of age and the offender is not a parent of the victim of the	2088
offense;	2089

(g) A violation of division (B) of section 2903.03 of the	2090
Revised Code;	2091

(h) A violation of any former law of this state, any existing	2092
or former municipal ordinance or law of another state or the	2093
United States, any existing or former law applicable in a military	2094
court or in an Indian tribal court, or any existing or former law	2095
of any nation other than the United States that is or was	2096
substantially equivalent to any offense listed in division	2097
(G)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;	2098

(i) Any attempt to commit, conspiracy to commit, or	2099
complicity in committing any offense listed in division (G)(1)(a),	2100
(b), (c), (d), (e), (f), (g), or (h) of this section;	2101

(j) Any sexually oriented offense that is committed after the	2102
sex offender previously has been convicted of, pleaded guilty to,	2103
or been adjudicated a delinquent child for committing any sexually	2104
oriented offense or child-victim oriented offense for which the	2105
offender was classified a tier II sex offender/child-victim	2106
offender or a tier III sex offender/child-victim offender.	2107

(2) A child-victim offender who is convicted of, pleads	2108
guilty to, has been convicted of, or has pleaded guilty to any	2109
child-victim oriented offense when the child-victim oriented	2110
offense is committed after the child-victim offender previously	2111
has been convicted of, pleaded guilty to, or been adjudicated a	2112
delinquent child for committing any sexually oriented offense or	2113
child-victim oriented offense for which the offender was	2114
classified a tier II sex offender/child-victim offender or a tier	2115
III sex offender/child-victim offender.	2116

(3) A sex offender who is adjudicated a delinquent child for	2117
committing or has been adjudicated a delinquent child for	2118
committing any sexually oriented offense and who a juvenile court,	2119
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	2120
Revised Code, classifies a tier III sex offender/child-victim	2121
offender relative to the offense.	2122

(4) A child-victim offender who is adjudicated a delinquent	2123
child for committing or has been adjudicated a delinquent child	2124
for committing any child-victim oriented offense and whom a	2125
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	2126
2152.85 of the Revised Code, classifies a tier III sex	2127
offender/child-victim offender relative to the current offense.	2128

(5) A sex offender or child-victim offender who is not in any	2129
category of tier III sex offender/child-victim offender set forth	2130
in division (G)(1), (2), (3), or (4) of this section, who prior to	2131
January 1, 2008, was convicted of or pleaded guilty to a sexually	2132
oriented offense or child-victim oriented offense or was	2133
adjudicated a delinquent child for committing a sexually oriented	2134
offense or child-victim oriented offense and classified a juvenile	2135
offender registrant, and who prior to that date was adjudicated a	2136
sexual predator or adjudicated a child-victim predator, unless	2137
either of the following applies:	2138

(a) The sex offender or child-victim offender is reclassified	2139
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	2140
tier I sex offender/child-victim offender or a tier II sex	2141
offender/child-victim offender relative to the offense.	2142

(b) The sex offender or child-victim offender is a delinquent	2143
child, and a juvenile court, pursuant to section 2152.82, 2152.83,	2144
2152.84, or 2152.85 of the Revised Code, classifies the child a	2145
tier I sex offender/child-victim offender or a tier II sex	2146
offender/child-victim offender relative to the offense.	2147

(6) A sex offender who is convicted of, pleads guilty to, was	2148
convicted of, or pleaded guilty to a sexually oriented offense, if	2149
the sexually oriented offense and the circumstances in which it	2150
was committed are such that division (F) of section 2971.03 of the	2151
Revised Code automatically classifies the offender as a tier III	2152
sex offender/child-victim offender;	2153

(7) A sex offender or child-victim offender who is convicted	2154
of, pleads guilty to, was convicted of, pleaded guilty to, is	2155
adjudicated a delinquent child for committing, or was adjudicated	2156
a delinquent child for committing a sexually oriented offense or	2157
child-victim offense in another state, in a federal court,	2158
military court, or Indian tribal court, or in a court in any	2159
nation other than the United States if both of the following	2160
apply:	2161

(a) Under the law of the jurisdiction in which the offender	2162
was convicted or pleaded guilty or the delinquent child was	2163
adjudicated, the offender or delinquent child is in a category	2164
substantially equivalent to a category of tier III sex	2165
offender/child-victim offender described in division (G)(1), (2),	2166
(3), (4), (5), or (6) of this section.	2167

(b) Subsequent to the conviction, plea of guilty, or	2168
adjudication in the other jurisdiction, the offender or delinquent	2169
child resides, has temporary domicile, attends school or an	2170
institution of higher education, is employed, or intends to reside	2171
in this state in any manner and for any period of time that	2172
subjects the offender or delinquent child to a duty to register or	2173
provide notice of intent to reside under section 2950.04 or	2174
2950.041 of the Revised Code.	2175

(H) "Confinement" includes, but is not limited to, a	2176
community residential sanction imposed pursuant to section 2929.16	2177
or 2929.26 of the Revised Code.	2178

(I) "Prosecutor" has the same meaning as in section 2935.01	2179
of the Revised Code.	2180

(J) "Supervised release" means a release of an offender from	2181
a prison term, a term of imprisonment, or another type of	2182
confinement that satisfies either of the following conditions:	2183

(1) The release is on parole, a conditional pardon, under a	2184
community control sanction, under transitional control, or under a	2185
post-release control sanction, and it requires the person to	2186
report to or be supervised by a parole officer, probation officer,	2187
field officer, or another type of supervising officer.	2188

(2) The release is any type of release that is not described	2189
in division (J)(1) of this section and that requires the person to	2190
report to or be supervised by a probation officer, a parole	2191
officer, a field officer, or another type of supervising officer.	2192

(K) "Sexually violent predator specification," "sexually	2193
violent predator," "sexually violent offense," "sexual motivation	2194
specification," "designated homicide, assault, or kidnapping	2195
offense," and "violent sex offense" have the same meanings as in	2196
section 2971.01 of the Revised Code.	2197

(L) "Post-release control sanction" and "transitional	2198
control" have the same meanings as in section 2967.01 of the	2199
Revised Code.	2200

(M) "Juvenile offender registrant" means a person who is	2201
adjudicated a delinquent child for committing on or after January	2202
1, 2002, a sexually oriented offense or a child-victim oriented	2203
offense, who is fourteen years of age or older at the time of	2204
committing the offense, and who a juvenile court judge, pursuant	2205
to an order issued under section 2152.82, 2152.83, 2152.84,	2206
2152.85, or 2152.86 of the Revised Code, classifies a juvenile	2207
offender registrant and specifies has a duty to comply with	2208
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	2209
Code. "Juvenile offender registrant" includes a person who prior	2210
to January 1, 2008, was a "juvenile offender registrant" under the	2211
definition of the term in existence prior to January 1, 2008, and	2212
a person who prior to July 31, 2003, was a "juvenile sex offender	2213
registrant" under the former definition of that former term.	2214

(N) "Public registry-qualified juvenile offender registrant"	2215
means a person who is adjudicated a delinquent child and on whom a	2216
juvenile court has imposed a serious youthful offender	2217
dispositional sentence under section 2152.13 of the Revised Code	2218
before, on, or after January 1, 2008, and to whom all of the	2219
following apply:	2220

(1) The person is adjudicated a delinquent child for	2221
committing, attempting to commit, conspiring to commit, or	2222
complicity in committing one of the following acts:	2223

(a) A violation of section 2907.02 of the Revised Code,	2224
division (B) of section 2907.05 of the Revised Code, or section	2225
2907.03 of the Revised Code if the victim of the violation was	2226
less than twelve years of age;	2227

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	2228
the Revised Code that was committed with a purpose to gratify the	2229
sexual needs or desires of the child;	2230

(c) A violation of division (B) of section 2903.03 of the	2231
Revised Code.	2232

(2) The person was fourteen, fifteen, sixteen, or seventeen	2233
years of age at the time of committing the act.	2234

(3) A juvenile court judge, pursuant to an order issued under	2235
section 2152.86 of the Revised Code, classifies the person a	2236
juvenile offender registrant, specifies the person has a duty to	2237
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	2238
Code, and classifies the person a public registry-qualified	2239
juvenile offender registrant, and the classification of the person	2240
as a public registry-qualified juvenile offender registrant has	2241
not been terminated pursuant to division (D) of section 2152.86 of	2242
the Revised Code.	2243

(O) "Secure facility" means any facility that is designed and	2244
operated to ensure that all of its entrances and exits are locked	2245
and under the exclusive control of its staff and to ensure that,	2246
because of that exclusive control, no person who is	2247
institutionalized or confined in the facility may leave the	2248
facility without permission or supervision.	2249

(P) "Out-of-state juvenile offender registrant" means a	2250
person who is adjudicated a delinquent child in a court in another	2251
state, in a federal court, military court, or Indian tribal court,	2252
or in a court in any nation other than the United States for	2253
committing a sexually oriented offense or a child-victim oriented	2254
offense, who on or after January 1, 2002, moves to and resides in	2255
this state or temporarily is domiciled in this state for more than	2256
five days, and who has a duty under section 2950.04 or 2950.041 of	2257
the Revised Code to register in this state and the duty to	2258
otherwise comply with that applicable section and sections 2950.05	2259
and 2950.06 of the Revised Code. "Out-of-state juvenile offender	2260
registrant" includes a person who prior to January 1, 2008, was an	2261
"out-of-state juvenile offender registrant" under the definition	2262
of the term in existence prior to January 1, 2008, and a person	2263
who prior to July 31, 2003, was an "out-of-state juvenile sex	2264
offender registrant" under the former definition of that former	2265
term.	2266

(Q) "Juvenile court judge" includes a magistrate to whom the	2267
juvenile court judge confers duties pursuant to division (A)(15)	2268
of section 2151.23 of the Revised Code.	2269

(R) "Adjudicated a delinquent child for committing a sexually	2270
oriented offense" includes a child who receives a serious youthful	2271
offender dispositional sentence under section 2152.13 of the	2272
Revised Code for committing a sexually oriented offense.	2273

(S) "School" and "school premises" have the same meanings as	2274
in section 2925.01 of the Revised Code.	2275

(T) "Residential premises" means the building in which a	2276
residential unit is located and the grounds upon which that	2277
building stands, extending to the perimeter of the property.	2278
"Residential premises" includes any type of structure in which a	2279
residential unit is located, including, but not limited to,	2280
multi-unit buildings and mobile and manufactured homes.	2281

(U) "Residential unit" means a dwelling unit for residential	2282
use and occupancy, and includes the structure or part of a	2283
structure that is used as a home, residence, or sleeping place by	2284
one person who maintains a household or two or more persons who	2285
maintain a common household. "Residential unit" does not include a	2286
halfway house or a community-based correctional facility.	2287

(V) "Multi-unit building" means a building in which is	2288
located more than twelve residential units that have entry doors	2289
that open directly into the unit from a hallway that is shared	2290
with one or more other units. A residential unit is not considered	2291
located in a multi-unit building if the unit does not have an	2292
entry door that opens directly into the unit from a hallway that	2293
is shared with one or more other units or if the unit is in a	2294
building that is not a multi-unit building as described in this	2295
division.	2296

(W) "Community control sanction" has the same meaning as in	2297
section 2929.01 of the Revised Code.	2298

(X) "Halfway house" and "community-based correctional	2299
facility" have the same meanings as in section 2929.01 of the	2300
Revised Code.	2301

Section 2. That existing sections 109.54, 2151.414, 2151.419,	2302
2901.13, 2905.32, 2907.02, 2907.05, 2907.07, 2907.22, 2907.24,	2303
2907.241, 2907.25, 2929.01, 2937.11, and 2950.01 of the Revised	2304
Code are hereby repealed.	2305

Section 3.  Section 2901.13 of the Revised Code is presented	2306
in this act as a composite of the section as amended by both Sub.	2307
H.B. 46 and S.B. 219 of the 127th General Assembly. The General	2308
Assembly, applying the principle stated in division (B) of section	2309
1.52 of the Revised Code that amendments are to be harmonized if	2310
reasonably capable of simultaneous operation, finds that the	2311
composite is the resulting version of the section in effect prior	2312
to the effective date of the section as presented in this act.	2313

Section 4.  This act is hereby declared to be an emergency	2314
measure necessary for the immediate preservation of the public	2315
peace, health, and safety. The reason for such necessity is that	2316
minors are particularly vulnerable to becoming victims of the	2317
offenses described in this act. Therefore this act shall go into	2318
immediate effect.	2319