Prohibit a person from receiving proceeds of prostitution

Sub. H. B. No. 507 RH

As Passed by the House

136th
General Assembly

Regular
Session
Sub. H. B. No. 507

2025-2026

Representatives Newman, John

Cosponsors: Representatives Schmidt,
Deeter, Johnson, White, A., Daniels, Ritter, Pizzulli, Hall, T.,
Williams, Gross, Creech, Plummer, Abrams, Miller, K., Willis, Bird,
Brennan, Click, Fischer, Fowler Arthur, Hall, D., Hoops, Lampton,
LaRe, Lear, Mathews, A., Mathews, T., Mohamed, Odioso, Peterson,
Richardson, Robb Blasdel, Salvo, Santucci, Thomas, C., Thomas, D.,
Young

To
amend sections 2907.01 and 2923.31 and to enact section 2907.251 of
the Revised Code to
prohibit
a person from receiving proceeds of prostitution.

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

Section
1.
That
sections 2907.01 and 2923.31 be amended and section 2907.251 of the
Revised Code be enacted to read as follows:

Sec.
2907.01.
As
used in sections 2907.01 to 2907.38 and 2917.211 of the Revised Code:

(A)
"Sexual conduct" means vaginal intercourse between a male
and female; anal intercourse, fellatio, and cunnilingus between
persons regardless of sex; and, without privilege to do so, the
insertion, however slight, of any part of the body or any instrument,
apparatus, or other object into the vaginal or anal opening of
another. Penetration, however slight, is sufficient to complete
vaginal or anal intercourse.

(B)
"Sexual contact" means any touching of an erogenous zone of
another, including without limitation the thigh, genitals, buttock,
pubic region, or, if the person is a female, a breast, for the
purpose of sexually arousing or gratifying either person.

(C)
"Sexual activity" means sexual conduct or sexual contact,
or both.

(D)
"Prostitute" means a male or female who
promiscuously

engages
in sexual activity for hire, regardless of whether the hire is paid
to the prostitute or to another.

(E)
"Harmful to juveniles" means that quality of any material
or performance describing or representing nudity, sexual conduct,
sexual excitement, or sado-masochistic abuse in any form to which all
of the following apply:

(1)
The material or performance, when considered as a whole, appeals to
the prurient interest of juveniles in sex.

(2)
The material or performance is patently offensive to prevailing
standards in the adult community as a whole with respect to what is
suitable for juveniles.

(3)
The material or performance, when considered as a whole, lacks
serious literary, artistic, political, and scientific value for
juveniles.

(F)
When considered as a whole, and judged with reference to ordinary
adults or, if it is designed for sexual deviates or other specially
susceptible group, judged with reference to that group, any material
or performance is "obscene" if any of the following apply:

(1)
Its dominant appeal is to prurient interest;

(2)
Its dominant tendency is to arouse lust by displaying or depicting
sexual activity, masturbation, sexual excitement, or nudity in a way
that tends to represent human beings as mere objects of sexual
appetite;

(3)
Its dominant tendency is to arouse lust by displaying or depicting
bestiality or extreme or bizarre violence, cruelty, or brutality;

(4)
Its dominant tendency is to appeal to scatological interest by
displaying or depicting human bodily functions of elimination in a
way that inspires disgust or revulsion in persons with ordinary
sensibilities, without serving any genuine scientific, educational,
sociological, moral, or artistic purpose;

(5)
It contains a series of displays or descriptions of sexual activity,
masturbation, sexual excitement, nudity, bestiality, extreme or
bizarre violence, cruelty, or brutality, or human bodily functions of
elimination, the cumulative effect of which is a dominant tendency to
appeal to prurient or scatological interest, when the appeal to such
an interest is primarily for its own sake or for commercial
exploitation, rather than primarily for a genuine scientific,
educational, sociological, moral, or artistic purpose.

(G)
"Sexual excitement" means the condition of human male or
female genitals when in a state of sexual stimulation or arousal.

(H)
"Nudity" means the showing, representation, or depiction of
human male or female genitals, pubic area, or buttocks with less than
a full, opaque covering, or of a female breast with less than a full,
opaque covering of any portion thereof below the top of the nipple,
or of covered male genitals in a discernibly turgid state.

(I)
"Juvenile" means an unmarried person under the age of
eighteen.

(J)
"Material" means any book, magazine, newspaper, pamphlet,
poster, print, picture, figure, image, description, motion picture
film, phonographic record, or tape, or other tangible thing capable
of arousing interest through sight, sound, or touch and includes an
image or text appearing on a computer monitor, television screen,
liquid crystal display, or similar display device or an image or text
recorded on a computer hard disk, computer floppy disk, compact disk,
magnetic tape, or similar data storage device.

(K)
"Performance" means any motion picture, preview, trailer,
play, show, skit, dance, or other exhibition performed before an
audience.

(L)
"Spouse" means a person married to an offender at the time
of an alleged offense, except that such person shall not be
considered the spouse when any of the following apply:

(1)
When the parties have entered into a written separation agreement
authorized by section 3103.06 of the Revised Code;

(2)
During the pendency of an action between the parties for annulment,
divorce, dissolution of marriage, or legal separation;

(3)
In the case of an action for legal separation, after the effective
date of the judgment for legal separation.

(M)
"Minor" means a person under the age of eighteen.

(N)
"Mental health client or patient" has the same meaning as
in section 2305.51 of the Revised Code.

(O)
"Mental health professional" has the same meaning as in
section 2305.115 of the Revised Code.

(P)
"Sado-masochistic abuse" means flagellation or torture by
or upon a person or the condition of being fettered, bound, or
otherwise physically restrained.

(Q)
"Place where a person has a reasonable expectation of privacy"
means a place where a reasonable person would believe that the person
could fully disrobe in private.

(R)
"Private area" means the genitals, pubic area, buttocks, or
female breast below the top of the areola, where nude or covered by
an undergarment.

(S)
"Licensed medical professional" means any of the following
medical professionals:

(1)
A physician assistant licensed under Chapter 4730. of the Revised
Code;

(2)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery;

(3)
A massage therapist licensed under Chapter 4731. of the Revised Code.

Sec.
2907.251.
(A)
As used in this section, "sexual activity for hire" has the
same meaning as in section 2907.24 of the Revised Code.

(B)
No person shall receive or acquire money or any other thing of value
knowing that the money or other thing of value was earned from sexual
activity for hire or as a result of a violation of section 2905.32 of
the Revised Code if the person does any of the following with the
money or other thing of value:

(1)
Profits from the money or other thing of value;

(2)
Conceals the money or other thing of value;

(3)
Uses the money or other thing of value to encourage or entice another
to commit a criminal offense;

(4)
Collects the money or other thing of value on behalf of a third
party.

(C)
Divisions (B)(1), (2), and (4) of this section do not apply to a
prostitute who receives or acquires money or any other thing of value
from the prostitute's own engagement in sexual activity for hire.

(D)(1)
Whoever violates this section is guilty of receiving proceeds of
prostitution. Except as provided in division (D)(2) of this section,
receiving proceeds of prostitution is a felony of the third degree.

(2)
If a person violates this section by knowingly receiving or acquiring
money or any other thing of value from a prostitute under division
(B) of this section and the prostitute is under eighteen years of
age, receiving proceeds of prostitution is a felony of the second
degree.

(E)
A prosecution for a violation of this section does not preclude a
prosecution of a violation of any other section of the Revised Code.
One or more acts, a series of acts, or a course of behavior that can
be prosecuted under this section or any other section of the Revised
Code may be prosecuted under this section, the other section of the
Revised Code, or both sections. However, if an offender is convicted
of or pleads guilty to a violation of this section and also is
convicted of or pleads guilty to a violation of section 2907.21,
2907.22, 2907.25, or 2907.32 or division (B) of section 2907.23 of
the Revised Code based on the same conduct involving the same victim
that was the basis of the violation of this section, the two offenses
are allied offenses of similar import under section 2941.25 of the
Revised Code.

Sec.
2923.31.
As
used in sections 2923.31 to 2923.36 of the Revised Code:

(A)
"Beneficial interest" means any of the following:

(1)
The interest of a person as a beneficiary under a trust in which the
trustee holds title to personal or real property;

(2)
The interest of a person as a beneficiary under any other trust
arrangement under which any other person holds title to personal or
real property for the benefit of such person;

(3)
The interest of a person under any other form of express fiduciary
arrangement under which any other person holds title to personal or
real property for the benefit of such person.

"Beneficial
interest" does not include the interest of a stockholder in a
corporation or the interest of a partner in either a general or
limited partnership.

(B)
"Costs of investigation and prosecution" and "costs of
investigation and litigation" mean all of the costs incurred by
the state or a county or municipal corporation under sections 2923.31
to 2923.36 of the Revised Code in the prosecution and investigation
of any criminal action or in the litigation and investigation of any
civil action, and includes, but is not limited to, the costs of
resources and personnel.

(C)
"Enterprise" includes any individual, sole proprietorship,
partnership, limited partnership, corporation, trust, union,
government agency, or other legal entity, or any organization,
association, or group of persons associated in fact although not a
legal entity. "Enterprise" includes illicit as well as
licit enterprises.

(D)
"Innocent person" includes any bona fide purchaser of
property that is allegedly involved in a violation of section 2923.32
of the Revised Code, including any person who establishes a valid
claim to or interest in the property in accordance with division (E)
of section 2981.04 of the Revised Code, and any victim of an alleged
violation of that section or of any underlying offense involved in an
alleged violation of that section.

(E)
"Pattern of corrupt activity" means two or more incidents
of corrupt activity, whether or not there has been a prior
conviction, that are related to the affairs of the same enterprise,
are not isolated, and are not so closely related to each other and
connected in time and place that they constitute a single event.

At
least one of the incidents forming the pattern shall occur on or
after January 1, 1986. Unless any incident was an aggravated murder
or murder, the last of the incidents forming the pattern shall occur
within six years after the commission of any prior incident forming
the pattern, excluding any period of imprisonment served by any
person engaging in the corrupt activity.

For
the purposes of the criminal penalties that may be imposed pursuant
to section 2923.32 of the Revised Code, at least one of the incidents
forming the pattern shall constitute a felony under the laws of this
state in existence at the time it was committed or, if committed in
violation of the laws of the United States or of any other state,
shall constitute a felony under the law of the United States or the
other state and would be a criminal offense under the law of this
state if committed in this state.

(F)
"Pecuniary value" means money, a negotiable instrument, a
commercial interest, or anything of value, as defined in section 1.03
of the Revised Code, or any other property or service that has a
value in excess of one hundred dollars.

(G)
"Person" means any person, as defined in section 1.59 of
the Revised Code, and any governmental officer, employee, or entity.

(H)
"Personal property" means any personal property, any
interest in personal property, or any right, including, but not
limited to, bank accounts, debts, corporate stocks, patents, or
copyrights. Personal property and any beneficial interest in personal
property are deemed to be located where the trustee of the property,
the personal property, or the instrument evidencing the right is
located.

(I)
"Corrupt activity" means engaging in, attempting to engage
in, conspiring to engage in, or soliciting, coercing, or intimidating
another person to engage in any of the following:

(1)
Conduct defined as "racketeering activity" under the
"Organized Crime Control Act of 1970," 84 Stat. 941, 18
U.S.C. 1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;

(2)
Conduct constituting any of the following:

(a)
A violation of section 1315.55, 1322.07, 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2905.01, 2905.02, 2905.11, 2905.22,
2905.32 as specified in division (I)(2)(g) of this section,
2907.251,

2907.321,
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,
2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2911.31, 2913.05, 2913.06, 2913.30, 2921.02,
2921.03, 2921.04, 2921.11, 2921.12, 2921.32, 2921.41, 2921.42,
2921.43, 2923.12, or 2923.17; division (F)(1)(a), (b), or (c) of
section 1315.53; division (A)(1) or (2) of section 1707.042; division
(B), (C)(4), (D), (E), or (F) of section 1707.44; division (A)(1) or
(2) of section 2923.20; division (E) or (G) of section 3772.99;
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or
4719.06; division (C), (D), or (E) of section 4719.07; section
4719.08; or division (A) of section 4719.09 of the Revised Code.

(b)
Any violation of section 3769.11, 3769.15, 3769.16, or 3769.19 of the
Revised Code as it existed prior to July 1, 1996, any violation of
section 2915.02 of the Revised Code that occurs on or after July 1,
1996, and that, had it occurred prior to that date, would have been a
violation of section 3769.11 of the Revised Code as it existed prior
to that date, or any violation of section 2915.05 of the Revised Code
that occurs on or after July 1, 1996, and that, had it occurred prior
to that date, would have been a violation of section 3769.15,
3769.16, or 3769.19 of the Revised Code as it existed prior to that
date.

(c)
Any violation of section 2907.21, 2907.22, 2907.31, 2913.02, 2913.11,
2913.21, 2913.31, 2913.32, 2913.34, 2913.42, 2913.47, 2913.51,
2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 of the Revised Code,
any violation of section 2925.11 of the Revised Code that is a felony
of the first, second, third, or fourth degree and that occurs on or
after July 1, 1996, any violation of section 2915.02 of the Revised
Code that occurred prior to July 1, 1996, any violation of section
2915.02 of the Revised Code that occurs on or after July 1, 1996, and
that, had it occurred prior to that date, would not have been a
violation of section 3769.11 of the Revised Code as it existed prior
to that date, any violation of section 2915.06 of the Revised Code as
it existed prior to July 1, 1996, or any violation of division (B) of
section 2915.05 of the Revised Code as it exists on and after July 1,
1996, when the proceeds of the violation, the payments made in the
violation, the amount of a claim for payment or for any other benefit
that is false or deceptive and that is involved in the violation, or
the value of the contraband or other property illegally possessed,
sold, or purchased in the violation exceeds one thousand dollars, or
any combination of violations described in division (I)(2)(c) of this
section when the total proceeds of the combination of violations,
payments made in the combination of violations, amount of the claims
for payment or for other benefits that is false or deceptive and that
is involved in the combination of violations, or value of the
contraband or other property illegally possessed, sold, or purchased
in the combination of violations exceeds one thousand dollars;

(d)
Any violation of section 5743.112 of the Revised Code when the amount
of unpaid tax exceeds one hundred dollars;

(e)
Any violation or combination of violations of section 2907.32 of the
Revised Code involving any material or performance containing a
display of bestiality or of sexual conduct, as defined in section
2907.01 of the Revised Code, that is explicit and depicted with
clearly visible penetration of the genitals or clearly visible
penetration by the penis of any orifice when the total proceeds of
the violation or combination of violations, the payments made in the
violation or combination of violations, or the value of the
contraband or other property illegally possessed, sold, or purchased
in the violation or combination of violations exceeds one thousand
dollars;

(f)
Any combination of violations described in division (I)(2)(c) of this
section and violations of section 2907.32 of the Revised Code
involving any material or performance containing a display of
bestiality or of sexual conduct, as defined in section 2907.01 of the
Revised Code, that is explicit and depicted with clearly visible
penetration of the genitals or clearly visible penetration by the
penis of any orifice when the total proceeds of the combination of
violations, payments made in the combination of violations, amount of
the claims for payment or for other benefits that is false or
deceptive and that is involved in the combination of violations, or
value of the contraband or other property illegally possessed, sold,
or purchased in the combination of violations exceeds one thousand
dollars;

(g)
Any violation of section 2905.32 of the Revised Code to the extent
the violation is not based solely on the same conduct that
constitutes corrupt activity pursuant to division (I)(2)(c) of this
section due to the conduct being in violation of section 2907.21 of
the Revised Code.

(3)
Conduct constituting a violation of any law of any state other than
this state that is substantially similar to the conduct described in
division (I)(2) of this section, provided the defendant was convicted
of the conduct in a criminal proceeding in the other state;

(4)
Animal or ecological terrorism;

(5)(a)
Conduct constituting any of the following:

(i)
Organized retail theft;

(ii)
Conduct that constitutes one or more violations of any law of any
state other than this state, that is substantially similar to
organized retail theft, and that if committed in this state would be
organized retail theft, if the defendant was convicted of or pleaded
guilty to the conduct in a criminal proceeding in the other state.

(b)
By enacting division (I)(5)(a) of this section, it is the intent of
the general assembly to add organized retail theft and the conduct
described in division (I)(5)(a)(ii) of this section as conduct
constituting corrupt activity. The enactment of division (I)(5)(a) of
this section and the addition by division (I)(5)(a) of this section
of organized retail theft and the conduct described in division
(I)(5)(a)(ii) of this section as conduct constituting corrupt
activity does not limit or preclude, and shall not be construed as
limiting or precluding, any prosecution for a violation of section
2923.32 of the Revised Code that is based on one or more violations
of section 2913.02 or 2913.51 of the Revised Code, one or more
similar offenses under the laws of this state or any other state, or
any combination of any of those violations or similar offenses, even
though the conduct constituting the basis for those violations or
offenses could be construed as also constituting organized retail
theft or conduct of the type described in division (I)(5)(a)(ii) of
this section.

(J)
"Real property" means any real property or any interest in
real property, including, but not limited to, any lease of, or
mortgage upon, real property. Real property and any beneficial
interest in it is deemed to be located where the real property is
located.

(K)
"Trustee" means any of the following:

(1)
Any person acting as trustee under a trust in which the trustee holds
title to personal or real property;

(2)
Any person who holds title to personal or real property for which any
other person has a beneficial interest;

(3)
Any successor trustee.

"Trustee"
does not include an assignee or trustee for an insolvent debtor or an
executor, administrator, administrator with the will annexed,
testamentary trustee, guardian, or committee, appointed by, under the
control of, or accountable to a court.

(L)
"Unlawful debt" means any money or other thing of value
constituting principal or interest of a debt that is legally
unenforceable in this state in whole or in part because the debt was
incurred or contracted in violation of any federal or state law
relating to the business of gambling activity or relating to the
business of lending money at an usurious rate unless the creditor
proves, by a preponderance of the evidence, that the usurious rate
was not intentionally set and that it resulted from a good faith
error by the creditor, notwithstanding the maintenance of procedures
that were adopted by the creditor to avoid an error of that nature.

(M)
"Animal activity" means any activity that involves the use
of animals or animal parts, including, but not limited to, hunting,
fishing, trapping, traveling, camping, the production, preparation,
or processing of food or food products, clothing or garment
manufacturing, medical research, other research, entertainment,
recreation, agriculture, biotechnology, or service activity that
involves the use of animals or animal parts.

(N)
"Animal facility" means a vehicle, building, structure,
nature preserve, or other premises in which an animal is lawfully
kept, handled, housed, exhibited, bred, or offered for sale,
including, but not limited to, a zoo, rodeo, circus, amusement park,
hunting preserve, or premises in which a horse or dog event is held.

(O)
"Animal or ecological terrorism" means the commission of
any felony that involves causing or creating a substantial risk of
physical harm to any property of another, the use of a deadly weapon
or dangerous ordnance, or purposely, knowingly, or recklessly causing
serious physical harm to property and that involves an intent to
obstruct, impede, or deter any person from participating in a lawful
animal activity, from mining, foresting, harvesting, gathering, or
processing natural resources, or from being lawfully present in or on
an animal facility or research facility.

(P)
"Research facility" means a place, laboratory, institution,
medical care facility, government facility, or public or private
educational institution in which a scientific test, experiment, or
investigation involving the use of animals or other living organisms
is lawfully carried out, conducted, or attempted.

(Q)
"Organized retail theft" means the theft of retail property
with a retail value of one thousand dollars or more from one or more
retail establishments with the intent to sell, deliver, or transfer
that property to a retail property fence.

(R)
"Retail property" means any tangible personal property
displayed, held, stored, or offered for sale in or by a retail
establishment.

(S)
"Retail property fence" means a person who possesses,
procures, receives, or conceals retail property that was represented
to the person as being stolen or that the person knows or believes to
be stolen.

(T)
"Retail value" means the full retail value of the retail
property. In determining whether the retail value of retail property
equals or exceeds one thousand dollars, the value of all retail
property stolen from the retail establishment or retail
establishments by the same person or persons within any
one-hundred-eighty-day period shall be aggregated.

Section
2.
That
existing sections 2907.01 and 2923.31 of the Revised Code are hereby
repealed.

Section
3.
Section
2923.31 of the Revised Code is presented in this act as a composite
of the section as amended by both H.B. 199 and H.B. 405 of the 132nd
General Assembly. The General Assembly, applying the principle stated
in division (B) of section 1.52 of the Revised Code that amendments
are to be harmonized if reasonably capable of simultaneous operation,
finds that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.