2006 Ohio Revised Code - 2907.07. Importuning.

§ 2907.07. Importuning.
 

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

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

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

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

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

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

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

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

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

(F)  Whoever violates this section is guilty of importuning. A violation of division (A) or (C) of this section is a felony of the fourth degree on a first offense and a felony of the third degree on each subsequent offense. A violation of division (B) or (D) of this section is a felony of the fifth degree on a first offense and a felony of the fourth degree on each subsequent offense. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 148 v H 724 (Eff 3-22-2001); 149 v S 175. Eff 5-7-2002; 150 v S 5, § 1, eff. 7-31-03.
 

Not analogous to former RC § 2907.07 (RS § 6834; S&C 432; 72 v 149; GC § 12436; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

Analogous to former RC § 2905.30 (RS § 7026; S&S 289; 59 v 32; 89 v 127; GC § 13032; 121 v 557(573); Bureau of Code Revision, 10-1-53; 129 v 1670; 130 v 659; 131 v 672), repealed 134 v H 511, § 2, eff 1-1-74.

 

Effect of Amendments

S.B. 5, Acts 2003, effective July 31, 2003, deleted former (B); redesignated former (C) through (G) as (B) through (F); in present (E) and (F), substituted "(C)" for "(D)," and "(D)" for "(E)"; in (F), deleted the second sentence "Violation of division (B) of this section is a misdemeanor of the first degree," and substituted "(B)" for "(C)." 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section prohibits soliciting a person under 13 to engage in sexual activity, or soliciting a person age 13 to 15 to engage in sexual conduct when the solicitor is age 18 or over and 4 or more years older than the person solicited. The solicitation of homosexual or lesbian activity is also prohibited, when the solicitor knows or has reasonable cause to believe the solicitation is offensive to the person solicited. 

The section represents an exception to the general rule that "just asking" is not a criminal offense. In the case of underage victims, the rationale for the offense is that mere solicitation carries a significant potential for harm because of the immature judgment of adolescents and the risk of adverse consequences from their engaging in sexual activity. The rationale for prohibiting indiscreet solicitation of deviate conduct is that the solicitation in itself can be highly repugnant to the person solicited, and there is a risk that it may provoke a violent response. 

Importuning is a misdemeanor of the first degree when it involves solicitation of a person under age 13 or solicitation of homosexual or lesbian conduct, and a misdemeanor of the fourth degree when it involves solicitation of an early adolescent. 


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