Increase the penalties for engaging in prostitution

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 679

2025-2026

Representative Williams

To
amend sections 2907.231 and 2950.01 of the Revised Code
to
increase the penalties for engaging in prostitution.

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

Section
1.
That
sections 2907.231 and 2950.01 of the Revised Code be amended to read
as follows:

Sec.
2907.231.
(A)
As used in this section:

(1)
"Person with a developmental disability" has the same
meaning as in section 2905.32 of the Revised Code.

(2)
"Sexual activity for hire" means an implicit or explicit
agreement to provide sexual activity in exchange for anything of
value paid to the person engaging in such sexual activity, to any
person trafficking that person, or to any person associated with
either such person.

(B)
No person shall recklessly induce, entice, or procure another to
engage in sexual activity for hire in exchange for the person giving
anything of value to the other person.

(C)
No person shall recklessly induce, entice, or procure another to
engage in sexual activity for hire in exchange for the person giving
anything of value to the other person if the other person is a person
with a developmental disability and the offender knows or has
reasonable cause to believe that the other person is a person with a
developmental disability.

(D)
Whoever
(D)(1)
Except as otherwise provided in this division, whoever
violates
division (B) of this section is guilty of engaging in prostitution, a
misdemeanor of the first degree
.
If the offender previously has been convicted of one violation of
this section, a violation of division (B) of this section is a felony
of the fourth degree. If the offender previously has been convicted
of or pleaded guilty to two or more violations of this section, a
violation of division (B) of this section is a felony of the third
degree, there is a presumption that a prison term shall be imposed
for the offense, and the court shall issue an order at the time of
sentencing that classifies the offender as a tier I sex
offender/child-victim offender subject to registration under sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code
.

Whoever

(2)
Except as otherwise provided in this division, whoever
violates
division (C) of this section is guilty of engaging in prostitution
with a person with a developmental disability, a felony of the third
degree.
If
the offender previously has been convicted of one violation of this
section, a violation of division (C) of this section is a felony of
the third degree and there is a presumption that a prison term shall
be imposed for the offense. If the offender previously has been
convicted of or pleaded guilty to two or more violations of this
section, a violation of division (C) of this section is a felony of
the second degree and the court shall issue an order at the time of
sentencing that classifies the offender as a tier I sex
offender/child-victim offender subject to registration under sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.

(3)

In
sentencing an offender under this division for a violation of
division (B) or (C) of this section, the court shall require the
offender to attend an education or treatment program aimed at
preventing persons from inducing, enticing, or procuring another to
engage in sexual activity for hire in exchange for the person giving
anything of value to the other person.
The
state criminal sentencing commission shall set the standards required
and approve the courses of education or treatment programs for
offenders under this division.

(4)

Notwithstanding
the fine specified in division (A)(2)(a) of section 2929.28 of the
Revised Code for a misdemeanor of the first degree, in sentencing an
offender under this division for a violation of division (B) of this
section, the court
may

shall

impose
upon the offender a fine of

at least one thousand dollars but

not more than one thousand five hundred dollars.

Fines collected under this division shall be paid to the clerk of the
court of claims for deposit into the general operating fund of the
office of criminal justice services to be used for the purpose of
providing direct services for human trafficking survivors.

Sec.
2950.01.
As
used in this chapter, unless the context clearly requires otherwise:

(A)
"Sexually oriented offense" means any of the following
violations or offenses committed by a person, regardless of the
person's age:

(1)
A violation of section 2907.02, 2907.03, 2907.05, 2907.06, 2907.07,
2907.08, 2907.21, 2907.22, 2907.32, 2907.321, 2907.322, or 2907.323
of the Revised Code;

(2)
A violation of section 2907.04 of the Revised Code when the offender
is less than four years older than the other person with whom the
offender engaged in sexual conduct, the other person did not consent
to the sexual conduct, and the offender previously has not been
convicted of or pleaded guilty to a violation of section 2907.02,
2907.03, or 2907.04 of the Revised Code or a violation of former
section 2907.12 of the Revised Code;

(3)
A violation of section 2907.04 of the Revised Code when the offender
is at least four years older than the other person with whom the
offender engaged in sexual conduct or when the offender is less than
four years older than the other person with whom the offender engaged
in sexual conduct and the offender previously has been convicted of
or pleaded guilty to a violation of section 2907.02, 2907.03, or
2907.04 of the Revised Code or a violation of former section 2907.12
of the Revised Code;

(4)
A violation of section 2903.01, 2903.02, or 2903.11 of the Revised
Code when the violation was committed with a sexual motivation;

(5)
A violation of division (A) of section 2903.04 of the Revised Code
when the offender committed or attempted to commit the felony that is
the basis of the violation with a sexual motivation;

(6)
A violation of division (A)(3) of section 2903.211 of the Revised
Code;

(7)
A violation of division (A)(1), (2), (3), or (5) of section 2905.01
of the Revised Code when the offense is committed with a sexual
motivation;

(8)
A violation of division (A)(4) of section 2905.01 of the Revised
Code;

(9)
A violation of division (B) of section 2905.01 of the Revised Code
when the victim of the offense is under eighteen years of age and the
offender is not a parent of the victim of the offense;

(10)
A violation of division (B) of section 2903.03, of division (B) of
section 2905.02, of division (B) of section 2905.03, of division (B)
of section 2905.05, or of division (B)(5) of section 2919.22 of the
Revised Code;

(11)
A violation of section 2905.32 of the Revised Code when either of the
following applies:

(a)
The violation is a violation of division (A)(1) of that section and
the offender knowingly recruited, lured, enticed, isolated, harbored,
transported, provided, obtained, or maintained, or knowingly
attempted to recruit, lure, entice, isolate, harbor, transport,
provide, obtain, or maintain, another person knowing that the person
would be compelled to engage in sexual activity for hire, engage in a
performance that was obscene, sexually oriented, or nudity oriented,
or be a model or participant in the production of material that was
obscene, sexually oriented, or nudity oriented.

(b)
The violation is a violation of division (A)(2) of that section and
the offender knowingly recruited, lured, enticed, isolated, harbored,
transported, provided, obtained, or maintained, or knowingly
attempted to recruit, lure, entice, isolate, harbor, transport,
provide, obtain, or maintain a person who is less than eighteen years
of age or is a person with a developmental disability whom the
offender knows or has reasonable cause to believe is a person with a
developmental disability for any purpose listed in divisions
(A)(2)(a) to (c) of that section.

(12)
A violation of division (B)(4) of section 2907.09 of the Revised Code
if the sentencing court classifies the offender as a tier I sex
offender/child-victim offender relative to that offense pursuant to
division (D) of that section;

(13)
A violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States, any
existing or former law applicable in a military court or in an Indian
tribal court, or any existing or former law of any nation other than
the United States that is or was substantially equivalent to any
offense listed in division (A)(1), (2), (3), (4), (5), (6), (7), (8),
(9), (10), (11), or (12) of this section;

(14)
Any attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (A)(1), (2), (3), (4), (5),
(6), (7), (8), (9), (10), (11), (12), or (13) of this section.

(B)(1)
"Sex offender" means, subject to division (B)(2) of this
section, a person who is convicted of, pleads guilty to, has been
convicted of, has pleaded guilty to, is adjudicated a delinquent
child for committing, or has been adjudicated a delinquent child for
committing any sexually oriented offense.

(2)
"Sex offender" does not include a person who is convicted
of, pleads guilty to, has been convicted of, has pleaded guilty to,
is adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing a sexually oriented
offense if the offense involves consensual sexual conduct or
consensual sexual contact and either of the following applies:

(a)
The victim of the sexually oriented offense was eighteen years of age
or older and at the time of the sexually oriented offense was not
under the custodial authority of the person who is convicted of,
pleads guilty to, has been convicted of, has pleaded guilty to, is
adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing the sexually oriented
offense.

(b)
The victim of the offense was thirteen years of age or older, and the
person who is convicted of, pleads guilty to, has been convicted of,
has pleaded guilty to, is adjudicated a delinquent child for
committing, or has been adjudicated a delinquent child for committing
the sexually oriented offense is not more than four years older than
the victim.

(C)
"Child-victim oriented offense" means any of the following
violations or offenses committed by a person, regardless of the
person's age, when the victim is under eighteen years of age and is
not a child of the person who commits the violation:

(1)
A violation of division (A)(1), (2), (3), or (5) of section 2905.01
of the Revised Code when the violation is not included in division
(A)(7) of this section;

(2)
A violation of division (A) of section 2905.02, division (A) of
section 2905.03, or division (A) of section 2905.05 of the Revised
Code;

(3)
A violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States, any
existing or former law applicable in a military court or in an Indian
tribal court, or any existing or former law of any nation other than
the United States that is or was substantially equivalent to any
offense listed in division (C)(1) or (2) of this section;

(4)
Any attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (C)(1), (2), or (3) of this
section.

(D)
"Child-victim offender" means a person who is convicted of,
pleads guilty to, has been convicted of, has pleaded guilty to, is
adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing any child-victim
oriented offense.

(E)
"Tier I sex offender/child-victim offender" means any of
the following:

(1)
A sex offender who is convicted of, pleads guilty to, has been
convicted of, or has pleaded guilty to any of the following sexually
oriented offenses:

(a)
A violation of section 2907.06, 2907.07, 2907.08, 2907.22, or 2907.32
of the Revised Code;

(b)
A violation of section 2907.04 of the Revised Code when the offender
is less than four years older than the other person with whom the
offender engaged in sexual conduct, the other person did not consent
to the sexual conduct, and the offender previously has not been
convicted of or pleaded guilty to a violation of section 2907.02,
2907.03, or 2907.04 of the Revised Code or a violation of former
section 2907.12 of the Revised Code;

(c)
A violation of division (A)(1), (2), (3), or (5) of section 2907.05
of the Revised Code;

(d)
A violation of division (A)(3) of section 2907.323 of the Revised
Code;

(e)
A violation of division (A)(3) of section 2903.211, of division (B)
of section 2905.03, or of division (B) of section 2905.05 of the
Revised Code;

(f)
A violation of division (B)(4) of section 2907.09 of the Revised Code
if the sentencing court classifies the offender as a tier I sex
offender/child-victim offender relative to that offense pursuant to
division (D) of that section;

(g)

A
violation of division (B) or (C) of section 2907.231 of the Revised
Code if the sentencing court classifies the offender as a tier I sex
offender/child-victim offender relative to that offense pursuant to
division (D) of that section.

(h)

A
violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States, any
existing or former law applicable in a military court or in an Indian
tribal court, or any existing or former law of any nation other than
the United States, that is or was substantially equivalent to any
offense listed in division (E)(1)(a), (b), (c), (d), (e),
or

(f)
,
or (g)

of this section;

(h)
(i)

Any attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (E)(1)(a), (b), (c), (d),
(e), (f),
or

(g)
,
or (h)

of this section.

(2)
A child-victim offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to a child-victim oriented
offense and who is not within either category of child-victim
offender described in division (F)(2) or (G)(2) of this section.

(3)
A sex offender who is adjudicated a delinquent child for committing
or has been adjudicated a delinquent child for committing any
sexually oriented offense and who a juvenile court, pursuant to
section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code,
classifies a tier I sex offender/child-victim offender relative to
the offense.

(4)
A child-victim offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for committing
any child-victim oriented offense and who a juvenile court, pursuant
to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code,
classifies a tier I sex offender/child-victim offender relative to
the offense.

(F)
"Tier II sex offender/child-victim offender" means any of
the following:

(1)
A sex offender who is convicted of, pleads guilty to, has been
convicted of, or has pleaded guilty to any of the following sexually
oriented offenses:

(a)
A violation of section 2907.21, 2907.321, or 2907.322 of the Revised
Code;

(b)
A violation of section 2907.04 of the Revised Code when the offender
is at least four years older than the other person with whom the
offender engaged in sexual conduct, or when the offender is less than
four years older than the other person with whom the offender engaged
in sexual conduct and the offender previously has been convicted of
or pleaded guilty to a violation of section 2907.02, 2907.03, or
2907.04 of the Revised Code or former section 2907.12 of the Revised
Code;

(c)
A violation of section 2907.03 of the Revised Code if the sexual
activity involved is sexual contact;

(d)
A violation of division (A)(4) of section 2907.05 or of division
(A)(1) or (2) of section 2907.323 of the Revised Code;

(e)
A violation of division (A)(1), (2), (3), or (5) of section 2905.01
of the Revised Code when the offense is committed with a sexual
motivation;

(f)
A violation of division (A)(4) of section 2905.01 of the Revised Code
when the victim of the offense is eighteen years of age or older;

(g)
A violation of division (B) of section 2905.02 or of division (B)(5)
of section 2919.22 of the Revised Code;

(h)
A violation of section 2905.32 of the Revised Code that is described
in division (A)(11)(a) or (b) of this section;

(i)
A violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States, any
existing or former law applicable in a military court or in an Indian
tribal court, or any existing or former law of any nation other than
the United States that is or was substantially equivalent to any
offense listed in division (F)(1)(a), (b), (c), (d), (e), (f), (g),
or (h) of this section;

(j)
Any attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (F)(1)(a), (b), (c), (d),
(e), (f), (g), (h), or (i) of this section;

(k)
Any sexually oriented offense that is committed after the sex
offender previously has been convicted of, pleaded guilty to, or has
been adjudicated a delinquent child for committing any sexually
oriented offense or child-victim oriented offense for which the
offender was classified a tier I sex offender/child-victim offender.

(2)
A child-victim offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any child-victim oriented
offense when the child-victim oriented offense is committed after the
child-victim offender previously has been convicted of, pleaded
guilty to, or been adjudicated a delinquent child for committing any
sexually oriented offense or child-victim oriented offense for which
the offender was classified a tier I sex offender/child-victim
offender.

(3)
A sex offender who is adjudicated a delinquent child for committing
or has been adjudicated a delinquent child for committing any
sexually oriented offense and who a juvenile court, pursuant to
section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code,
classifies a tier II sex offender/child-victim offender relative to
the offense.

(4)
A child-victim offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for committing
any child-victim oriented offense and whom a juvenile court, pursuant
to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code,
classifies a tier II sex offender/child-victim offender relative to
the current offense.

(5)
A sex offender or child-victim offender who is not in any category of
tier II sex offender/child-victim offender set forth in division
(F)(1), (2), (3), or (4) of this section, who prior to January 1,
2008, was adjudicated a delinquent child for committing a sexually
oriented offense or child-victim oriented offense, and who prior to
that date was determined to be a habitual sex offender or determined
to be a habitual child-victim offender, unless either of the
following applies:

(a)
The sex offender or child-victim offender is reclassified pursuant to
section 2950.031 or 2950.032 of the Revised Code as a tier I sex
offender/child-victim offender or a tier III sex
offender/child-victim offender relative to the offense.

(b)
A juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies the child a tier I sex
offender/child-victim offender or a tier III sex
offender/child-victim offender relative to the offense.

(G)
"Tier III sex offender/child-victim offender" means any of
the following:

(1)
A sex offender who is convicted of, pleads guilty to, has been
convicted of, or has pleaded guilty to any of the following sexually
oriented offenses:

(a)
A violation of section 2907.02 of the Revised Code or a violation of
section 2907.03 of the Revised Code if the sexual activity involved
is sexual conduct;

(b)
A violation of division (B) of section 2907.05 of the Revised Code;

(c)
A violation of section 2903.01, 2903.02, or 2903.11 of the Revised
Code when the violation was committed with a sexual motivation;

(d)
A violation of division (A) of section 2903.04 of the Revised Code
when the offender committed or attempted to commit the felony that is
the basis of the violation with a sexual motivation;

(e)
A violation of division (A)(4) of section 2905.01 of the Revised Code
when the victim of the offense is under eighteen years of age;

(f)
A violation of division (B) of section 2905.01 of the Revised Code
when the victim of the offense is under eighteen years of age and the
offender is not a parent of the victim of the offense;

(g)
A violation of division (B) of section 2903.03 of the Revised Code;

(h)
A violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States, any
existing or former law applicable in a military court or in an Indian
tribal court, or any existing or former law of any nation other than
the United States that is or was substantially equivalent to any
offense listed in division (G)(1)(a), (b), (c), (d), (e), (f), or (g)
of this section;

(i)
Any attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (G)(1)(a), (b), (c), (d),
(e), (f), (g), or (h) of this section;

(j)
Any sexually oriented offense that is committed after the sex
offender previously has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing any sexually oriented
offense or child-victim oriented offense for which the offender was
classified a tier II sex offender/child-victim offender or a tier III
sex offender/child-victim offender.

(2)
A child-victim offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any child-victim oriented
offense when the child-victim oriented offense is committed after the
child-victim offender previously has been convicted of, pleaded
guilty to, or been adjudicated a delinquent child for committing any
sexually oriented offense or child-victim oriented offense for which
the offender was classified a tier II sex offender/child-victim
offender or a tier III sex offender/child-victim offender.

(3)
A sex offender who is adjudicated a delinquent child for committing
or has been adjudicated a delinquent child for committing any
sexually oriented offense and who a juvenile court, pursuant to
section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code,
classifies a tier III sex offender/child-victim offender relative to
the offense.

(4)
A child-victim offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for committing
any child-victim oriented offense and whom a juvenile court, pursuant
to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code,
classifies a tier III sex offender/child-victim offender relative to
the current offense.

(5)
A sex offender or child-victim offender who is not in any category of
tier III sex offender/child-victim offender set forth in division
(G)(1), (2), (3), or (4) of this section, who prior to January 1,
2008, was convicted of or pleaded guilty to a sexually oriented
offense or child-victim oriented offense or was adjudicated a
delinquent child for committing a sexually oriented offense or
child-victim oriented offense and classified a juvenile offender
registrant, and who prior to that date was adjudicated a sexual
predator or adjudicated a child-victim predator, unless either of the
following applies:

(a)
The sex offender or child-victim offender is reclassified pursuant to
section 2950.031 or 2950.032 of the Revised Code as a tier I sex
offender/child-victim offender or a tier II sex offender/child-victim
offender relative to the offense.

(b)
The sex offender or child-victim offender is a delinquent child, and
a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies the child a tier I sex
offender/child-victim offender or a tier II sex offender/child-victim
offender relative to the offense.

(6)
A sex offender who is convicted of, pleads guilty to, was convicted
of, or pleaded guilty to a sexually oriented offense, if the sexually
oriented offense and the circumstances in which it was committed are
such that division (F) of section 2971.03 of the Revised Code
automatically classifies the offender as a tier III sex
offender/child-victim offender;

(7)
A sex offender or child-victim offender who is convicted of, pleads
guilty to, was convicted of, pleaded guilty to, is adjudicated a
delinquent child for committing, or was adjudicated a delinquent
child for committing a sexually oriented offense or child-victim
offense in another state, in a federal court, military court, or
Indian tribal court, or in a court in any nation other than the
United States if both of the following apply:

(a)
Under the law of the jurisdiction in which the offender was convicted
or pleaded guilty or the delinquent child was adjudicated, the
offender or delinquent child is in a category substantially
equivalent to a category of tier III sex offender/child-victim
offender described in division (G)(1), (2), (3), (4), (5), or (6) of
this section.

(b)
Subsequent to the conviction, plea of guilty, or adjudication in the
other jurisdiction, the offender or delinquent child resides, has
temporary domicile, attends school or an institution of higher
education, is employed, or intends to reside in this state in any
manner and for any period of time that subjects the offender or
delinquent child to a duty to register or provide notice of intent to
reside under section 2950.04 or 2950.041 of the Revised Code.

(H)
"Confinement" includes, but is not limited to, a community
residential sanction imposed pursuant to section 2929.16 or 2929.26
of the Revised Code.

(I)
"Prosecutor" has the same meaning as in section 2935.01 of
the Revised Code.

(J)
"Supervised release" means a release of an offender from a
prison term, a term of imprisonment, or another type of confinement
that satisfies either of the following conditions:

(1)
The release is on parole, a conditional pardon, under a community
control sanction, under transitional control, or under a post-release
control sanction, and it requires the person to report to or be
supervised by a parole officer, probation officer, field officer, or
another type of supervising officer.

(2)
The release is any type of release that is not described in division
(J)(1) of this section and that requires the person to report to or
be supervised by a probation officer, a parole officer, a field
officer, or another type of supervising officer.

(K)
"Sexually violent predator specification," "sexually
violent predator," "sexually violent offense," "sexual
motivation specification," "designated homicide, assault,
or kidnapping offense," and "violent sex offense" have
the same meanings as in section 2971.01 of the Revised Code.

(L)
"Post-release control sanction" and "transitional
control" have the same meanings as in section 2967.01 of the
Revised Code.

(M)
"Juvenile offender registrant" means a person who is
adjudicated a delinquent child for committing on or after January 1,
2002, a sexually oriented offense or a child-victim oriented offense,
who is fourteen years of age or older at the time of committing the
offense, and who a juvenile court judge, pursuant to an order issued
under section 2152.82, 2152.83, 2152.84, 2152.85, or 2152.86 of the
Revised Code, classifies a juvenile offender registrant and specifies
has a duty to comply with sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code. "Juvenile offender registrant"
includes a person who prior to January 1, 2008, was a "juvenile
offender registrant" under the definition of the term in
existence prior to January 1, 2008, and a person who prior to July
31, 2003, was a "juvenile sex offender registrant" under
the former definition of that former term.

(N)
"Public registry-qualified juvenile offender registrant"
means a person who is adjudicated a delinquent child and on whom a
juvenile court has imposed a serious youthful offender dispositional
sentence under section 2152.13 of the Revised Code before, on, or
after January 1, 2008, and to whom all of the following apply:

(1)
The person is adjudicated a delinquent child for committing,
attempting to commit, conspiring to commit, or complicity in
committing one of the following acts:

(a)
A violation of section 2907.02 of the Revised Code, division (B) of
section 2907.05 of the Revised Code, or section 2907.03 of the
Revised Code if the victim of the violation was less than twelve
years of age;

(b)
A violation of section 2903.01, 2903.02, or 2905.01 of the Revised
Code that was committed with a purpose to gratify the sexual needs or
desires of the child;

(c)
A violation of division (B) of section 2903.03 of the Revised Code.

(2)
The person was fourteen, fifteen, sixteen, or seventeen years of age
at the time of committing the act.

(3)
A juvenile court judge, pursuant to an order issued under section
2152.86 of the Revised Code, classifies the person a juvenile
offender registrant, specifies the person has a duty to comply with
sections 2950.04, 2950.05, and 2950.06 of the Revised Code, and
classifies the person a public registry-qualified juvenile offender
registrant, and the classification of the person as a public
registry-qualified juvenile offender registrant has not been
terminated pursuant to division (D) of section 2152.86 of the Revised
Code.

(O)
"Secure facility" means any facility that is designed and
operated to ensure that all of its entrances and exits are locked and
under the exclusive control of its staff and to ensure that, because
of that exclusive control, no person who is institutionalized or
confined in the facility may leave the facility without permission or
supervision.

(P)
"Out-of-state juvenile offender registrant" means a person
who is adjudicated a delinquent child in a court in another state, in
a federal court, military court, or Indian tribal court, or in a
court in any nation other than the United States for committing a
sexually oriented offense or a child-victim oriented offense, who on
or after January 1, 2002, moves to and resides in this state or
temporarily is domiciled in this state for more than five days, and
who has a duty under section 2950.04 or 2950.041 of the Revised Code
to register in this state and the duty to otherwise comply with that
applicable section and sections 2950.05 and 2950.06 of the Revised
Code. "Out-of-state juvenile offender registrant" includes
a person who prior to January 1, 2008, was an "out-of-state
juvenile offender registrant" under the definition of the term
in existence prior to January 1, 2008, and a person who prior to July
31, 2003, was an "out-of-state juvenile sex offender registrant"
under the former definition of that former term.

(Q)
"Juvenile court judge" includes a magistrate to whom the
juvenile court judge confers duties pursuant to division (A)(15) of
section 2151.23 of the Revised Code.

(R)
"Adjudicated a delinquent child for committing a sexually
oriented offense" includes a child who receives a serious
youthful offender dispositional sentence under section 2152.13 of the
Revised Code for committing a sexually oriented offense.

(S)
"School" and "school premises" have the same
meanings as in section 2925.01 of the Revised Code.

(T)
"Residential premises" means the building in which a
residential unit is located and the grounds upon which that building
stands, extending to the perimeter of the property. "Residential
premises" includes any type of structure in which a residential
unit is located, including, but not limited to, multi-unit buildings
and mobile and manufactured homes.

(U)
"Residential unit" means a dwelling unit for residential
use and occupancy, and includes the structure or part of a structure
that is used as a home, residence, or sleeping place by one person
who maintains a household or two or more persons who maintain a
common household. "Residential unit" does not include a
halfway house or a community-based correctional facility.

(V)
"Multi-unit building" means a building in which is located
more than twelve residential units that have entry doors that open
directly into the unit from a hallway that is shared with one or more
other units. A residential unit is not considered located in a
multi-unit building if the unit does not have an entry door that
opens directly into the unit from a hallway that is shared with one
or more other units or if the unit is in a building that is not a
multi-unit building as described in this division.

(W)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.

(X)
"Halfway house" and "community-based correctional
facility" have the same meanings as in section 2929.01 of the
Revised Code.

(Y)
A person is in a "restricted offender category" if both of
the following apply with respect to the person:

(1)
The person has been convicted of, is convicted of, has pleaded guilty
to, or pleads guilty to a sexually oriented offense where the victim
was under the age of eighteen or a child-victim oriented offense.

(2)
With respect to the offense described in division (Y)(1) of this
section, one of the following applies:

(a)
With respect to that offense, the person is a tier II sex
offender/child-victim offender or is a tier III sex
offender/child-victim offender who is subject to the duties imposed
by sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code.

(b)
With respect to that offense if it was committed prior to January 1,
2008, under the version of Chapter 2950. of the Revised Code in
effect prior to January 1, 2008, the person was adjudicated a sexual
predator, was adjudicated a child-victim predator, was classified a
habitual sex offender, or was classified a habitual child-victim sex
offender.

(Z)
"Adjudicated a sexual predator," "adjudicated a
child-victim predator," "habitual sex offender," and
"habitual child-victim offender" have the meanings of those
terms that applied to them under Chapter 2950. of the Revised Code
prior to January 1, 2008.

(AA)
"Fixed residence address" means a permanent residential
address. "Fixed residence address" does not include a
temporary address, including a place or places that a homeless person
stays or intends to stay, unless that place is a shelter that intends
to allow the homeless person to stay for thirty or more consecutive
days.

(BB)
"Homeless" has the same meaning as in 42 U.S.C. 11302.

Section
2.
That
existing sections 2907.231 and 2950.01 of the Revised Code are hereby
repealed.

Section
3.
Section
2950.01 of the Revised Code is presented in this act as a composite
of the section as amended by both H.B. 289 and S.B. 109 of the 135th
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.