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hb927_00_IN
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 927
2025-2026
Representative Williams
To
amend sections 2907.07 and 2921.32 of the Revised Code
to
expand the offenses of importuning and obstructing justice.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 2907.07 and 2921.32 of the Revised Code be amended to read
as follows:
Sec.
2907.07.
(A)
(1)
No person shall solicit a person who is less than thirteen years of
age to engage in sexual activity with the offender, whether or not
the offender knows the age of such person.
(2)
No person shall knowingly solicit another person who the offender
believes to be under eighteen years of age to engage in sexual
activity, regardless of the actual age of the person solicited.
(B)(1)
No person shall solicit another, not the spouse of the offender, to
engage in sexual conduct with the offender, when the offender is
eighteen years of age or older and four or more years older than the
other person, and the other person is thirteen years of age or older
but less than sixteen years of age, whether or not the offender knows
the age of the other person.
(2)
No person shall solicit another to engage in sexual conduct with the
offender, when the offender is eighteen years of age or older and
four or more years older than the other person, the other person is
sixteen or seventeen years of age and a victim of a violation of
section 2905.32 of the Revised Code, and the offender knows or has
reckless disregard of the age of the other person.
(C)
No person shall solicit a person who is less than sixteen years of
age to engage in sexual activity with the offender when the person
who is less than sixteen years of age is substantially impaired
because of a mental or physical condition.
(D)
No person shall solicit another by means of a telecommunications
device, as defined in section 2913.01 of the Revised Code, to engage
in sexual activity with the offender when the offender is eighteen
years of age or older and either of the following applies:
(1)
The other person is less than thirteen years of age, and the offender
knows that the other person is less than thirteen years of age or is
reckless in that regard.
(2)
The other person is a law enforcement officer posing as a person who
is less than thirteen years of age, and the offender believes that
the other person is less than thirteen years of age or is reckless in
that regard.
(E)
No person shall solicit another by means of a telecommunications
device, as defined in section 2913.01 of the Revised Code, to engage
in sexual activity with the offender when the offender is eighteen
years of age or older and either of the following applies:
(1)
The other person is thirteen years of age or older but less than
sixteen years of age, the offender knows that the other person is
thirteen years of age or older but less than sixteen years of age or
is reckless in that regard, and the offender is four or more years
older than the other person.
(2)
The other person is a law enforcement officer posing as a person who
is thirteen years of age or older but less than sixteen years of age,
the offender believes that the other person is thirteen years of age
or older but less than sixteen years of age or is reckless in that
regard, and the offender is four or more years older than the age the
law enforcement officer assumes in posing as the person who is
thirteen years of age or older but less than sixteen years of age.
(F)
Divisions (D) and (E) of this section apply to any solicitation that
is contained in a transmission via a telecommunications device that
either originates in this state or is received in this state.
(G)(1)
Whoever violates this section is guilty of importuning.
(2)
A
violation of division (A)(2) of this section is a felony of the
fourth degree.
A
violation of division
(A)
(A)(1)
,
(C), or (D) of this section is a felony of the third degree on a
first offense, and, notwithstanding division (C) of section 2929.13
of the Revised Code, there is a presumption that a prison term shall
be imposed as described in division (D) of section 2929.13 of the
Revised Code. If the offender, in addition to soliciting the other
person, arranged to meet the other person for the purpose of engaging
in sexual activity, the court shall impose upon the offender as a
mandatory prison term one of the prison terms prescribed in division
(A)(3)(b) of section 2929.14 of the Revised Code for a felony of the
third degree.
If
the offender previously has been convicted of a sexually oriented
offense or a child-victim oriented offense, a violation of division
(A)
(A)(1)
,
(C), or (D) of this section is a felony of the second degree, and the
court shall impose upon the offender as a mandatory prison term one
of the definite prison terms prescribed in division (A)(2)(b) of
section 2929.14 of the Revised Code for a felony of the second
degree, except that if the violation is committed on or after March
22, 2019, the court shall impose as the minimum prison term for the
offense a mandatory prison term that is one of the minimum terms
prescribed in division (A)(2)(a) of that section for a felony of the
second degree.
(3)
A violation of division (B) or (E) of this section is a felony of the
fifth degree on a first offense, and, notwithstanding division (B) of
section 2929.13 of the Revised Code, there is a presumption that a
prison term shall be imposed as described in division (D) of section
2929.13 of the Revised Code. The court shall impose upon the offender
as a mandatory prison term one of the prison terms prescribed in
section 2929.14 of the Revised Code for a felony of the fifth degree
if both of the following apply:
(a)
Either of the following applies:
(i)
The offender is ten or more years older than the other person.
(ii)
Regarding a violation of division (E)(2) of this section, a law
enforcement officer posed as a person thirteen years of age or older
but less than sixteen years of age and the offender is ten or more
years older than the officer claimed to be.
(b)
In addition to soliciting the other person, the offender arranged to
meet the other person for the purpose of engaging in sexual activity.
(4)
If the offender previously has been convicted of a sexually oriented
offense or a child-victim oriented offense, a violation of division
(B) or (E) of this section is a felony of the fourth degree, and the
court shall impose upon the offender as a mandatory prison term one
of the prison terms prescribed in section 2929.14 of the Revised Code
for a felony of the fourth degree that is not less than twelve months
in duration.
Sec.
2921.32.
(A)
No person, with purpose to hinder the discovery, apprehension,
prosecution, conviction, or punishment of another for crime or to
assist another to benefit from the commission of a crime, and no
person, with purpose to hinder the discovery, apprehension,
prosecution, adjudication as a delinquent child, or disposition of a
child for an act that if committed by an adult would be a crime or to
assist a child to benefit from the commission of an act that if
committed by an adult would be a crime, shall do any of the
following:
(1)
Harbor or conceal the other person or child;
(2)
Provide the other person or child with money, transportation, a
weapon, a disguise, or other means of avoiding discovery or
apprehension;
(3)
Warn the other person or child of impending discovery or
apprehension;
(4)
Destroy or conceal physical evidence of the crime or act, or induce
any person to withhold testimony or information or to elude legal
process summoning the person to testify or supply evidence;
(5)
Communicate false information to any person;
(6)
Prevent or obstruct any person, by means of force, intimidation, or
deception, from performing any act to aid in the discovery,
apprehension, or prosecution of the other person or child
;
(7)
Fail to immediately report to law enforcement authorities knowledge
that an individual who is eighteen years of age or older is
attempting to meet with another person who is under eighteen years of
age and more than four years younger than the individual for the
purpose of engaging in sexual activity
.
(B)
A person may be prosecuted for, and may be convicted of or
adjudicated a delinquent child for committing, a violation of
division (A) of this section regardless of whether the person or
child aided ultimately is apprehended for, is charged with, is
convicted of, pleads guilty to, or is adjudicated a delinquent child
for committing the crime or act the person or child aided committed.
The crime or act the person or child aided committed shall be used
under division (C) of this section in determining the penalty for the
violation of division (A) of this section, regardless of whether the
person or child aided ultimately is apprehended for, is charged with,
is convicted of, pleads guilty to, or is adjudicated a delinquent
child for committing the crime or act the person or child aided
committed.
(C)(1)
Whoever violates this section is guilty of obstructing justice.
(2)
If the crime committed by the person aided is a misdemeanor or if the
act committed by the child aided would be a misdemeanor if committed
by an adult, obstructing justice is a misdemeanor of the same degree
as the crime committed by the person aided or a misdemeanor of the
same degree that the act committed by the child aided would be if
committed by an adult.
(3)
Except as otherwise provided in divisions (C)(4), (5), and (6) of
this section, if the crime committed by the person aided is a felony
or if the act committed by the child aided would be a felony if
committed by an adult, obstructing justice is a felony of the fifth
degree.
(4)
Except as otherwise provided in division (C)(6) of this section, if
the crime committed by the person aided is aggravated murder, murder,
or a felony of the first or second degree or if the act committed by
the child aided would be one of those offenses if committed by an
adult and if the offender knows or has reason to believe that the
crime committed by the person aided is one of those offenses or that
the act committed by the child aided would be one of those offenses
if committed by an adult, obstructing justice is a felony of the
third degree.
(5)
If the crime or act committed by the person or child aided is an act
of terrorism, obstructing justice is one of the following:
(a)
Except as provided in division (C)(5)(b) of this section, a felony of
the second degree;
(b)
If the act of terrorism resulted in the death of a person who was not
a participant in the act of terrorism, a felony of the first degree.
(6)
If the crime committed by the person is trafficking in persons or if
the act committed by the child aided would be trafficking in persons
if committed by an adult, obstructing justice is a felony of the
second degree.
(D)
As used in this section:
(1)
"Adult" and "child" have the same meanings as in
section 2151.011 of the Revised Code.
(2)
"Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(3)
"Act of terrorism" has the same meaning as in section
2909.21 of the Revised Code.
Section
2.
That
existing sections 2907.07 and 2921.32 of the Revised Code are hereby
repealed.