2006 Ohio Revised Code - 2907.12. [Repealed]

§ 2907.12. Repealed.
 

Repealed, 146 v H 445, § 2 [136 v S 144; 139 v S 199; 141 v H 475; 143 v S 94; 145 v S 31; 146 v S 2]. Eff 9-3-96. 
 

This section defined felonious sexual penetration. See now RC § 2907.01(A). 

The provisions of § 3(A)-(J) of HB 445 (146 v  - ) read as follows: 

SECTION 3. (A) When a complaint is filed alleging that a child is a delinquent child for committing felonious sexual penetration in violation of former section 2907.12 of the Revised Code and the arresting authority, a court, or a probation officer discovers that the child or a person whom the child caused to engage in sexual activity has a communicable disease, the arresting authority, court, or probation officer shall notify the victim of the delinquent act of the nature of the disease in accordance with division (C) of section 2151.14 of the Revised Code. 

As used in division (A) of Section 3 of this act: 

(1) "Child" has the same meaning as in section 2151.011 of the Revised Code. 

(2) "Delinquent child" has the same meaning as in section 2151.02 of the Revised Code. 

(3) "Sexual activity" has the same meaning as in section 2907.01 of the Revised Code. 

(B) If a child is adjudicated a delinquent child for violating any provision of former section 2907.12 of the Revised Code other than division (A)(1)(b) of that section when the insertion involved was consensual and when the victim of the violation of division (A)(1)(b) of that section was older than the delinquent child, was the same age as the delinquent child, or was less that three years younger than the delinquent child, the juvenile court with jurisdiction over the child may commit the child to the legal custody of the department of youth services pursuant to division (A)(5)(a) of section 2151.355 of the Revised Code, as amended by this act, and all provisions of the Revised Code that apply to a disposition otherwise imposed pursuant to division (A)(5)(a) of section 2151.355 of the Revised Code, as amended by this act, apply to a disposition imposed in accordance with division (B) of Section 3 of this act. 

As used in division (B) of Section 3 of this act: 

(1) "Child" and "legal custody" have the same meanings as in section 2151.011 of the Revised Code. 

(2) "Delinquent child" has the same meaning as in section 2151.02 of the Revised Code. 

(C) Section 2151.3511 of the Revised Code, as amended by this act, applies to a proceeding in juvenile court involving a complaint in which a child is charged with committing an act that if committed by an adult would be felonious sexual penetration in violation of former section 2907.12 of the Revised Code and in which an alleged victim of the act was a child who was under eleven years of age when the complaint was filed. 

As used in division (C) of Section 3 of this act, "child" has the same meaning as in section 2151.011 of the Revised Code. 

(D) Division (E) of section 2743.62 of the Revised Code applies to a claim for an award of reparations arising out of the commission of felonious sexual penetration in violation of former section 2907.12 of the Revised Code. 

(E) Section 2907.11 of the Revised Code, as amended by this act, applies to a prosecution for felonious sexual penetration committed in violation of former section 2907.12 of the Revised Code. 

(F) Division (A) of section 2907.28 and sections 2907.29 and 2907.30 of the Revised Code, as amended by this act, apply to a victim of felonious sexual penetration committed in violation of former section 2907.12 of the Revised Code. 

(G) Sections 2907.41 and 2945.49 of the Revised Code, as amended by this act, apply to a trial or other proceeding involving a charges of felonious sexual penetration in violation of former section 2907.12 of the Revised Code in which an alleged victim of the offense was a child who was under eleven years of age when the complaint, indictment, or information was filed relative to the trial or other proceeding. 

(H) Divisions (B) and (C) of section 2937.11 of the Revised Code, as amended by this act, apply to a case involving an alleged commission of the offense of felonious sexual penetration in violation of former section 2907.12 of the Revised Code. 

(I) Notwithstanding section 2967.13 of the Revised Code, as amended by this act, a prisoner serving a term of imprisonment for life for committing the offense of felonious sexual penetration in violation of former section 2907.12 of the Revised Code becomes eligible for parole after serving a term of ten full years' imprisonment. 

(J) Notwithstanding section 2967.18 of the Revised Code, as amended by this act, no reduction of sentence pursuant to division (B)(1) of section 2967.18 of the Revised Code shall be given to a person who is serving a term of imprisonment for the commission of felonious sexual penetration in violation of former section 2907.12 of the Revised Code.