HB 528 — Require 7 year mandatory minimum prison term for forcible rape

As ReportedPassed by the House Judiciary Committee 136th General Assembly Regular Session Am.

528 2025-2026 Representative Williams Cosponsor:Cosponsors:

RepresentativeRepresentatives Mathews, A.A., Abrams, Bird, Brennan, Click, Craig, Daniels, Fischer, Fowler Arthur, Ghanbari, Gross, Hall, D., Hall, T., Hiner, Holmes, Hoops, Johnson, LaRe, Lear, Mathews, T., Miller, K., Newman, Oelslager, Plummer, Richardson, Ritter, Robb Blasdel, Santucci, Schmidt, Sigrist, White, A., Willis, Workman, Young To amend sections 2907.01 and 2907.02 of the 1 Revised Code to require a seven year mandatory 2 minimum prison term for forcible rape and to 3 expand the definition of sexual conduct to 4 include anilingus.

To amend sections 2907.01 and 2907.02 of the 1 Revised Code to require a seven year mandatory 2 minimum prison term for forcible rape and to 3 expand the definition of sexual conduct to 4 include anilingus.

16 (B) "Sexual contact" means any touching of an erogenous 17 zone of another, including without limitation the thigh, 18 genitals, buttock, pubic region, or, if the person is a female, 19 Am.

528 Page 2 As ReportedPassed by the House Judiciary(B) Committee"Sexual contact" means any touching of an erogenous 17 zone of another, including without limitation the thigh, 18 genitals, buttock, pubic region, or, if the person is a female, 19 a breast, for the purpose of sexually arousing or gratifying 20 either person.

44 (2) Its dominant tendency is to arouse lust by displaying 45 or depicting sexual activity, masturbation, sexual excitement, 46 or nudity in a way that tends to represent human beings as mere 47 Am.

528 Page 3 As ReportedPassed by the House Judiciary(2) CommitteeIts dominant tendency is to arouse lust by displaying 45 or depicting sexual activity, masturbation, sexual excitement, 46 or nudity in a way that tends to represent human beings as mere 47 objects of sexual appetite;

69 (H) "Nudity" means the showing, representation, or 70 depiction of human male or female genitals, pubic area, or 71 buttocks with less than a full, opaque covering, or of a female 72 breast with less than a full, opaque covering of any portion 73 thereofAm. below the top of the nipple, or of covered male genitals 74 in a discernibly turgid state.

75 (I) "Juvenile" means an unmarried person under the age of 76 Am.

528 Page 4 As ReportedPassed by the House Judiciarythereof Committeebelow eighteen.the top of the nipple, or of covered male genitals 74 in a discernibly turgid state.

75 (I) "Juvenile" means an unmarried person under the age of 76 eighteen.

101 (N)Am. "Mental health client or patient" has the same meaning 102 as in section 2305.51 of the Revised Code.

103 (O) "Mental health professional" has the same meaning as 104 Am.

528 Page 5 As ReportedPassed by the House Judiciary(N) Committee"Mental health client or patient" has the same meaning 102 as in section 2305.1152305.51 of the Revised Code.

103 (O) "Mental health professional" has the same meaning as 104 in section 2305.115 of the Revised Code.

125 (a) For the purpose of preventing resistance, the offender 126 substantially impairs the other person's judgment or control by 127 administering any drug, intoxicant, or controlled substance to 128 theAm. other person surreptitiously or by force, threat of force, 129 or deception.

130 (b) The other person is less than thirteen years of age, 131 Am.

528 Page 6 As ReportedPassed by the House Judiciarythe Committeeother whetherperson surreptitiously or notby theforce, offenderthreat knows the age of theforce, other129 person.or deception.

130 (b) The other person is less than thirteen years of age, 131 whether or not the offender knows the age of the other person.

If the offender under 154 division (A)(1)(a) of this section substantially impairs the 155 other person's judgment or control by administering any 156 controlled substance, as defined in section 3719.01 of the 157 Revised Code, to the other person surreptitiously or by force, 158 threat of force, or deception, the prison term imposed upon the 159 offender shall be one of the definite prison terms prescribed 160 for a felony of the first degree in division (A)(1)(b) of 161 Am.

528 Page 7 As ReportedPassed by the House JudiciaryRevised CommitteeCode, to the other person surreptitiously or by force, 158 threat of force, or deception, the prison term imposed upon the 159 offender shall be one of the definite prison terms prescribed 160 for a felony of the first degree in division (A)(1)(b) of 161 section 2929.14 of the Revised Code that is not less than five 162 years, except that if the violation is committed on or after 163 March 22, 2019, the court shall impose as the minimum prison 164 term for the offense a mandatory prison term that is one of the 165 minimum terms prescribed for a felony of the first degree in 166 division (A)(1)(a) of section 2929.14 of the Revised Code that 167 is not less than five years.

If 186 an offender under division (A)(1)(b) of this section previously 187 has been convicted of or pleaded guilty to violating division 188 (A)(1)(b) of this section or to violating an existing or former 189 law of this state, another state, or the United States that is 190 substantially similar to division (A)(1)(b) of this section, if 191 the offender during or immediately after the commission of the 192 offense caused serious physical harm to the victim, or if the 193 Am.

528 Page 8 As ReportedPassed by the House Judiciarylaw Committeeof this state, another state, or the United States that is 190 substantially similar to division (A)(1)(b) of this section, if 191 the offender during or immediately after the commission of the 192 offense caused serious physical harm to the victim, or if the 193 victim under division (A)(1)(b) of this section is less than ten 194 years of age, in lieu of sentencing the offender to a prison 195 term or term of life imprisonment pursuant to section 2971.03 of 196 the Revised Code, except as otherwise provided in this division, 197 the court may impose upon the offender a term of life without 198 parole.

217 Evidence of specific instances of the defendant's sexual 218 activity, opinion evidence of the defendant's sexual activity, 219 and reputation evidence of the defendant's sexual activity shall 220 not be admitted under this section unless it involves evidence 221 of the origin of semen, pregnancy, or sexually transmitted 222 disease or infection, the defendant's past sexual activity with 223 Am.

528 Page 9 As ReportedPassed by the House Judiciaryand Committeereputation evidence of the defendant's sexual activity shall 220 not be admitted under this section unless it involves evidence 221 of the origin of semen, pregnancy, or sexually transmitted 222 disease or infection, the defendant's past sexual activity with 223 the victim, or is admissible against the defendant under section 224 2945.59 of the Revised Code, and only to the extent that the 225 court finds that the evidence is material to a fact at issue in 226 the case and that its inflammatory or prejudicial nature does 227 not outweigh its probative value.

109 of the 135th General Assembly and 248 H.B.Am.

343 of the 134th General Assembly.

The General Assembly, 249 applying the principle stated in division (B) of section 1.52 of 250 the Revised Code that amendments are to be harmonized if 251 reasonably capable of simultaneous operation, finds that the 252 Am.

528 Page 10 As ReportedPassed by the House JudiciaryH.B. Committee composite is the resulting version of the section in effect 253 prior to the effective date of the section as presented in this 254 act.

343 of the 134th General Assembly.

The General Assembly, 249 applying the principle stated in division (B) of section 1.52 of 250 the Revised Code that amendments are to be harmonized if 251 reasonably capable of simultaneous operation, finds that the 252 composite is the resulting version of the section in effect 253 prior to the effective date of the section as presented in this 254 act.