Bill Title: To prohibit a minor, by use of a telecommunications device or other means, from knowingly creating, receiving, exchanging, sending, or possessing a photograph or other material showing a minor in a state of nudity.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2010-05-25 - To Judiciary Criminal Justice
[SB271 Detail]Download: Ohio-2009-SB271-Introduced.html
As Introduced
| 128th General Assembly | | Regular Session | | 2009-2010 |
| |
A BILL
| To amend sections 2151.022 and 2152.02 and to enact | 1 |
|
section 2907.324 of the Revised Code to prohibit a | 2 |
|
minor, by use of a telecommunications device or | 3 |
|
other means, from knowingly creating, receiving, | 4 |
|
exchanging, sending, or possessing a photograph or | 5 |
|
other material showing a minor in a state of | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 2151.022 and 2152.02 be amended and | 8 |
|
section 2907.324 of the Revised Code be enacted to read as | 9 |
|
follows: | 10 |
| Sec. 2151.022. As used in this chapter, "unruly child" | 11 |
|
includes any of the following: | 12 |
| (A) Any child who does not submit to the reasonable control | 13 |
|
of the child's parents, teachers, guardian, or custodian, by | 14 |
|
reason of being wayward or habitually disobedient; | 15 |
| (B) Any child who is an habitual truant from school and who | 16 |
|
previously has not been adjudicated an unruly child for being an | 17 |
|
habitual truant; | 18 |
| (C) Any child who behaves in a manner as to injure or | 19 |
|
endanger the child's own health or morals or the health or morals | 20 |
|
of others; | 21 |
(D) Any child who violates asection 2907.324 of the Revised | 22 |
|
Code for the first time or who violates any other law, other than | 23 |
|
division (C) of section 2907.39, division (A) of section 2923.211, | 24 |
|
division (C)(1) or (D) of section 2925.55, or section 2151.87 of | 25 |
|
the Revised Code, that is applicable only to a child. | 26 |
| Sec. 2152.02. As used in this chapter: | 27 |
| (A) "Act charged" means the act that is identified in a | 28 |
|
complaint, indictment, or information alleging that a child is a | 29 |
|
delinquent child. | 30 |
| (B) "Admitted to a department of youth services facility" | 31 |
|
includes admission to a facility operated, or contracted for, by | 32 |
|
the department and admission to a comparable facility outside this | 33 |
|
state by another state or the United States. | 34 |
| (C)(1) "Child" means a person who is under eighteen years of | 35 |
|
age, except as otherwise provided in divisions (C)(2) to (6) of | 36 |
|
this section. | 37 |
| (2) Subject to division (C)(3) of this section, any person | 38 |
|
who violates a federal or state law or a municipal ordinance prior | 39 |
|
to attaining eighteen years of age shall be deemed a "child" | 40 |
|
irrespective of that person's age at the time the complaint with | 41 |
|
respect to that violation is filed or the hearing on the complaint | 42 |
|
is held. | 43 |
| (3) Any person who, while under eighteen years of age, | 44 |
|
commits an act that would be a felony if committed by an adult and | 45 |
|
who is not taken into custody or apprehended for that act until | 46 |
|
after the person attains twenty-one years of age is not a child in | 47 |
|
relation to that act. | 48 |
| (4) Any person whose case is transferred for criminal | 49 |
|
prosecution pursuant to section 2152.12 of the Revised Code shall | 50 |
|
be deemed after the transfer not to be a child in the transferred | 51 |
|
case. | 52 |
| (5) Any person whose case is transferred for criminal | 53 |
|
prosecution pursuant to section 2152.12 of the Revised Code and | 54 |
|
who subsequently is convicted of or pleads guilty to a felony in | 55 |
|
that case, and any person who is adjudicated a delinquent child | 56 |
|
for the commission of an act, who has a serious youthful offender | 57 |
|
dispositional sentence imposed for the act pursuant to section | 58 |
|
2152.13 of the Revised Code, and whose adult portion of the | 59 |
|
dispositional sentence is invoked pursuant to section 2152.14 of | 60 |
|
the Revised Code, shall be deemed after the transfer or invocation | 61 |
|
not to be a child in any case in which a complaint is filed | 62 |
|
against the person. | 63 |
| (6) The juvenile court has jurisdiction over a person who is | 64 |
|
adjudicated a delinquent child or juvenile traffic offender prior | 65 |
|
to attaining eighteen years of age until the person attains | 66 |
|
twenty-one years of age, and, for purposes of that jurisdiction | 67 |
|
related to that adjudication, except as otherwise provided in this | 68 |
|
division, a person who is so adjudicated a delinquent child or | 69 |
|
juvenile traffic offender shall be deemed a "child" until the | 70 |
|
person attains twenty-one years of age. If a person is so | 71 |
|
adjudicated a delinquent child or juvenile traffic offender and | 72 |
|
the court makes a disposition of the person under this chapter, at | 73 |
|
any time after the person attains eighteen years of age, the | 74 |
|
places at which the person may be held under that disposition are | 75 |
|
not limited to places authorized under this chapter solely for | 76 |
|
confinement of children, and the person may be confined under that | 77 |
|
disposition, in accordance with division (F)(2) of section 2152.26 | 78 |
|
of the Revised Code, in places other than those authorized under | 79 |
|
this chapter solely for confinement of children. | 80 |
| (D) "Chronic truant" means any child of compulsory school age | 81 |
|
who is absent without legitimate excuse for absence from the | 82 |
|
public school the child is supposed to attend for seven or more | 83 |
|
consecutive school days, ten or more school days in one school | 84 |
|
month, or fifteen or more school days in a school year. | 85 |
| (E) "Community corrections facility," "public safety beds," | 86 |
|
"release authority," and "supervised release" have the same | 87 |
|
meanings as in section 5139.01 of the Revised Code. | 88 |
| (F) "Delinquent child" includes any of the following: | 89 |
| (1) Any child, except a juvenile traffic offender, who | 90 |
|
violates any law of this state or the United States, or any | 91 |
|
ordinance of a political subdivision of the state, that would be | 92 |
|
an offense if committed by an adult; | 93 |
| (2) Any child who violates any lawful order of the court made | 94 |
|
under this chapter or under Chapter 2151. of the Revised Code | 95 |
|
other than an order issued under section 2151.87 of the Revised | 96 |
|
Code; | 97 |
| (3) Any child who violates section 2907.324 of the Revised | 98 |
|
Code on a second or subsequent offense or who violates division | 99 |
|
(C) of section 2907.39, division (A) of section 2923.211, or | 100 |
|
division (C)(1) or (D) of section 2925.55 of the Revised Code; | 101 |
| (4) Any child who is a habitual truant and who previously has | 102 |
|
been adjudicated an unruly child for being a habitual truant; | 103 |
| (5) Any child who is a chronic truant. | 104 |
| (G) "Discretionary serious youthful offender" means a person | 105 |
|
who is eligible for a discretionary SYO and who is not transferred | 106 |
|
to adult court under a mandatory or discretionary transfer. | 107 |
| (H) "Discretionary SYO" means a case in which the juvenile | 108 |
|
court, in the juvenile court's discretion, may impose a serious | 109 |
|
youthful offender disposition under section 2152.13 of the Revised | 110 |
|
Code. | 111 |
| (I) "Discretionary transfer" means that the juvenile court | 112 |
|
has discretion to transfer a case for criminal prosecution under | 113 |
|
division (B) of section 2152.12 of the Revised Code. | 114 |
| (J) "Drug abuse offense," "felony drug abuse offense," and | 115 |
|
"minor drug possession offense" have the same meanings as in | 116 |
|
section 2925.01 of the Revised Code. | 117 |
| (K) "Electronic monitoring" and "electronic monitoring | 118 |
|
device" have the same meanings as in section 2929.01 of the | 119 |
|
Revised Code. | 120 |
| (L) "Economic loss" means any economic detriment suffered by | 121 |
|
a victim of a delinquent act or juvenile traffic offense as a | 122 |
|
direct and proximate result of the delinquent act or juvenile | 123 |
|
traffic offense and includes any loss of income due to lost time | 124 |
|
at work because of any injury caused to the victim and any | 125 |
|
property loss, medical cost, or funeral expense incurred as a | 126 |
|
result of the delinquent act or juvenile traffic offense. | 127 |
|
"Economic loss" does not include non-economic loss or any punitive | 128 |
|
or exemplary damages. | 129 |
| (M) "Firearm" has the same meaning as in section 2923.11 of | 130 |
|
the Revised Code. | 131 |
| (N) "Juvenile traffic offender" means any child who violates | 132 |
|
any traffic law, traffic ordinance, or traffic regulation of this | 133 |
|
state, the United States, or any political subdivision of this | 134 |
|
state, other than a resolution, ordinance, or regulation of a | 135 |
|
political subdivision of this state the violation of which is | 136 |
|
required to be handled by a parking violations bureau or a joint | 137 |
|
parking violations bureau pursuant to Chapter 4521. of the Revised | 138 |
|
Code. | 139 |
| (O) A "legitimate excuse for absence from the public school | 140 |
|
the child is supposed to attend" has the same meaning as in | 141 |
|
section 2151.011 of the Revised Code. | 142 |
| (P) "Mandatory serious youthful offender" means a person who | 143 |
|
is eligible for a mandatory SYO and who is not transferred to | 144 |
|
adult court under a mandatory or discretionary transfer. | 145 |
| (Q) "Mandatory SYO" means a case in which the juvenile court | 146 |
|
is required to impose a mandatory serious youthful offender | 147 |
|
disposition under section 2152.13 of the Revised Code. | 148 |
| (R) "Mandatory transfer" means that a case is required to be | 149 |
|
transferred for criminal prosecution under division (A) of section | 150 |
|
2152.12 of the Revised Code. | 151 |
| (S) "Mental illness" has the same meaning as in section | 152 |
|
5122.01 of the Revised Code. | 153 |
| (T) "Mentally retarded person" has the same meaning as in | 154 |
|
section 5123.01 of the Revised Code. | 155 |
| (U) "Monitored time" and "repeat violent offender" have the | 156 |
|
same meanings as in section 2929.01 of the Revised Code. | 157 |
| (V) "Of compulsory school age" has the same meaning as in | 158 |
|
section 3321.01 of the Revised Code. | 159 |
| (W) "Public record" has the same meaning as in section 149.43 | 160 |
|
of the Revised Code. | 161 |
| (X) "Serious youthful offender" means a person who is | 162 |
|
eligible for a mandatory SYO or discretionary SYO but who is not | 163 |
|
transferred to adult court under a mandatory or discretionary | 164 |
|
transfer. | 165 |
| (Y) "Sexually oriented offense," "juvenile offender | 166 |
|
registrant," "child-victim oriented offense," "tier I sex | 167 |
|
offender/child-victim offender," "tier II sex | 168 |
|
offender/child-victim offender," "tier III sex | 169 |
|
offender/child-victim offender," and "public registry-qualified | 170 |
|
juvenile offender registrant" have the same meanings as in section | 171 |
|
2950.01 of the Revised Code. | 172 |
| (Z) "Traditional juvenile" means a case that is not | 173 |
|
transferred to adult court under a mandatory or discretionary | 174 |
|
transfer, that is eligible for a disposition under sections | 175 |
|
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and | 176 |
|
that is not eligible for a disposition under section 2152.13 of | 177 |
|
the Revised Code. | 178 |
| (AA) "Transfer" means the transfer for criminal prosecution | 179 |
|
of a case involving the alleged commission by a child of an act | 180 |
|
that would be an offense if committed by an adult from the | 181 |
|
juvenile court to the appropriate court that has jurisdiction of | 182 |
|
the offense. | 183 |
| (BB) "Category one offense" means any of the following: | 184 |
| (1) A violation of section 2903.01 or 2903.02 of the Revised | 185 |
|
Code; | 186 |
| (2) A violation of section 2923.02 of the Revised Code | 187 |
|
involving an attempt to commit aggravated murder or murder. | 188 |
| (CC) "Category two offense" means any of the following: | 189 |
| (1) A violation of section 2903.03, 2905.01, 2907.02, | 190 |
|
2909.02, 2911.01, or 2911.11 of the Revised Code; | 191 |
| (2) A violation of section 2903.04 of the Revised Code that | 192 |
|
is a felony of the first degree; | 193 |
| (3) A violation of section 2907.12 of the Revised Code as it | 194 |
|
existed prior to September 3, 1996. | 195 |
| (DD) "Non-economic loss" means nonpecuniary harm suffered by | 196 |
|
a victim of a delinquent act or juvenile traffic offense as a | 197 |
|
result of or related to the delinquent act or juvenile traffic | 198 |
|
offense, including, but not limited to, pain and suffering; loss | 199 |
|
of society, consortium, companionship, care, assistance, | 200 |
|
attention, protection, advice, guidance, counsel, instruction, | 201 |
|
training, or education; mental anguish; and any other intangible | 202 |
|
loss. | 203 |
| Sec. 2907.324. (A) No minor, by use of a telecommunications | 204 |
|
device or other means, shall knowingly create, receive, exchange, | 205 |
|
send, or possess a photograph, video, or other material that shows | 206 |
|
a minor, who is not the actor's child or ward, in a state of | 207 |
|
nudity. | 208 |
| (B) This section does not apply under any of the following | 209 |
|
circumstances: | 210 |
| (1) The photograph, video, or other material is or is to be | 211 |
|
created, received, exchanged, sent, or possessed for a bona fide | 212 |
|
artistic, medical, scientific, educational, religious, | 213 |
|
governmental, judicial, or other proper purpose by or to a | 214 |
|
physician, psychologist, sociologist, scientist, teacher, person | 215 |
|
pursuing bona fide studies for research, librarian, clergyman, | 216 |
|
prosecutor, judge, or other person having a proper interest in the | 217 |
|
photograph, video, or other material. | 218 |
| (2) The photograph, video, or other material depicts or | 219 |
|
appears to depict a minor less than thirteen years of age. | 220 |
| (3) The photograph, video, or other material depicts a minor | 221 |
|
engaged in sexual activity. | 222 |
| (4) The photograph, video, or other material depicts | 223 |
|
sado-masochistic abuse or violent conduct. | 224 |
| (5) The minor sends the photograph, video, or other material | 225 |
|
for pecuniary gain or in exchange for a thing of value or for the | 226 |
|
promise of pecuniary gain or a thing of value. | 227 |
| (6) The minor who possesses or receives the photograph, | 228 |
|
video, or other material paid money or exchanged a thing of value | 229 |
|
for the photograph, video, or other material or promised to pay | 230 |
|
money or exchange a thing of value for the photograph, video, or | 231 |
|
other material. | 232 |
| (7) The minor sends ten or more different photographs, | 233 |
|
videos, or other materials in violation of this section. | 234 |
| (8) The minor sends photographs, videos, or other materials | 235 |
|
in violation of this section to ten or more different | 236 |
|
telecommunication devices. | 237 |
| (9) The minor previously has been adjudicated two or more | 238 |
|
times to be in violation of this section. | 239 |
| (C) It is no defense to a charge under this section that the | 240 |
|
minor creates, receives, exchanges, sends, or possesses a | 241 |
|
photograph, video, or other material that shows themselves in a | 242 |
|
state of nudity. | 243 |
| (D) Whoever violates this section is guilty of illegal use of | 244 |
|
a telecommunications device involving a minor in a state of | 245 |
|
nudity. A minor shall be adjudged an unruly child on the first | 246 |
|
offense, with any disposition of the case that is appropriate | 247 |
|
under Chapter 2151. of the Revised Code. A second or subsequent | 248 |
|
offense is a delinquent act that would be a misdemeanor of the | 249 |
|
first degree if it could be committed as an adult. | 250 |
| (E) This section does not preclude a county prosecuting | 251 |
|
attorney from pursuing any felony charge against a minor who has | 252 |
|
used a telecommunications device or other means to knowingly | 253 |
|
create, receive, exchange, send, or possess a photograph, video, | 254 |
|
or other material that shows a minor in a state of nudity. | 255 |
| (F) A violation of this section does not make a minor subject | 256 |
|
to the registration and notification requirements of Chapter 2950. | 257 |
|
of the Revised Code. | 258 |
| (G) As used in this section, "state of nudity" means a lewd | 259 |
|
depiction, exhibition, representation, or showing of human male or | 260 |
|
female genitals, pubic area, or buttocks with less than a full, | 261 |
|
opaque covering, or of a female breast with less than a full, | 262 |
|
opaque covering of any portion thereof below the top of the | 263 |
|
nipple, or of covered male genitals in a discernibly turgid state, | 264 |
|
or involving a graphic focus on human male or female genitals. | 265 |
| Section 2. That existing sections 2151.022 and 2152.02 of | 266 |
|
the Revised Code are hereby repealed. | 267 |
| Section 3. Section 2151.022 of the Revised Code is presented | 268 |
|
in this act as a composite of the section as amended by both Am. | 269 |
|
Sub. S.B. 53 and Am. Sub. H.B. 23 of the 126th General Assembly. | 270 |
|
The General Assembly, applying the principle stated in division | 271 |
|
(B) of section 1.52 of the Revised Code that amendments are to be | 272 |
|
harmonized if reasonably capable of simultaneous operation, finds | 273 |
|
that the composite is the resulting version of the section in | 274 |
|
effect prior to the effective date of the section as presented in | 275 |
|
this act. | 276 |
