2006 Ohio Revised Code - 2907.24. Soliciting; after positive HIV test; driver\'s license suspension.

§ 2907.24. Soliciting; after positive HIV test; driver's license suspension.
 

(A)  No person shall solicit another to engage with such other person 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 conduct in violation of division (A) of this section. 

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

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

(D)  If a person is convicted of or pleads guilty to a violation of any provision of this section, an attempt to commit a violation of any provision of this section, or a violation of or an attempt to commit a violation of a municipal ordinance that is substantially equivalent to any provision of this section and if the person, in committing or attempting to commit the violation, was in, was on, or used a motor vehicle, the court, in addition to or independent of all other penalties imposed for the violation, shall impose upon the offender a class six suspension of the person's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(6) of section 4510.02 of the Revised Code. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 146 v H 40. Eff 5-30-96; 149 v S 123, § 1, eff. 1-1-04.
 

The effective date is set by section 4 of S.B. 123. 

The provisions of § 5 of S.B. 123 (149 v  - ), as amended by § 3 of H.B. 163 (150 v  - ), read as follows: 

SECTION 5. (A) Notwithstanding division (B) of section 1.58 of the Revised Code, the provisions of the Revised Code amended or enacted in Sections 1 and 2 of Am. Sub. S.B. 123 of the 124th General Assembly shall apply only in relation to conduct and offenses committed on or after January 1, 2004. Conduct and offenses committed prior to January 1, 2004, shall be governed by the law in effect on the date the conduct or offense was committed. * * * 

Not analogous to former RC § 2907.24 (GC § 12448-2; 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.

 

Effect of Amendments

S.B. 123, Acts 2002, effective January 1, 2004, added (D). 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section forbids the solicitation of paid sexual activity, whether the solicitor is the one buying or selling his or her favors. It covers not only professional solicitation by a prostitute, but also any casual solicitation of sexual activity for pay. Former law did not require the element of hire. 

Soliciting is a misdemeanor of the third degree.