US Laws, Codes, Statutes & Cases

§ 2907.25. Prostitution; after positive HIV test.
 

(A)  No person shall engage in sexual activity for hire. 

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

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

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

HISTORY: 134 v H 511 (Eff 1-1-74); 146 v H 40. Eff 5-30-96.
 

Not analogous to former RC § 2907.25 (GC § 12448-3; 117 v 821; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

Analogous to former RC § 2905.27 (GC § 13031-13; 108 v PtI, 730; Bureau of Code Revision, 10-1-53; 130 v PtII, 143), repealed 134 v H 511, § 2, eff 1-1-74.

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section prohibits promiscuous sexual activity for pay, and as such is narrower than former law which forbade both a single act of sexual intercourse for hire and promiscuous intercourse without hire. In one sense, the section is broader than former law, since it covers the whole range of sexual activity rather than sexual intercourse alone. 

Also, this section is aimed only at the prostitute, although the customer might be convicted of complicity under section 2923.03. Under former law, both the prostitute and the customer could be convicted of prostitution as such. 

Prostitution is a misdemeanor of the third degree.