SB 393 — Regards sexually oriented offenses involving juveniles, animals

367 (3) Create, direct, or produce a performance that shows a 368 minor, an artificially generated depiction of a minor, or an 369 impaired person participating or engaging in sexual activity, 370 masturbation, or bestiality;

394 (B)(1) This section does not apply to any material or 395 performance that is sold, disseminated, displayed, possessed, 396 Sub.

393 Page 15 As ReportedPassed by the Senate Judiciaryperformance Committeethat is sold, disseminated, displayed, possessed, 396 controlled, brought or caused to be brought into this state, or 397 presented for a bona fide medical, scientific, educational, 398 religious, governmental, judicial, or other proper purpose, by 399 or to a physician, psychologist, sociologist, scientist, 400 teacher, person pursuing bona fide studies or research, 401 librarian, member of the clergy, prosecutor, judge, or other 402 person having a proper interest in the material or performance.

424 (D) No person who is under eighteen years of age shall 425 Sub.

393 Page 16 As ReportedPassed by the Senate Judiciary(D) CommitteeNo person who is under eighteen years of age shall 425 knowingly deliver, furnish, disseminate, provide, exhibit, or 426 present any material or performance that depicts the offender 427 engaging in sexual activity or masturbation to another person 428 who is at least fourteen years of age but less than eighteen 429 years of age when both of the following apply:

Violation 452 (3)(a) Except as provided in division (E)(3)(b) or (c) of 453 this section, a violation of division (A)(5) of this section is 454 Sub.

393 Page 17 As ReportedPassed by the Senate Judiciarythis Committeesection, a violation of division (A)(5) of this section is 454 a felony of the fourth degree.

If the offender 481 has previously been adjudicated a delinquent child for 482 committing an act that would be a violation of division (C) of 483 this section, the offender is guilty of a felony of the fifth 484 Sub.

393 Page 18 As ReportedPassed by the Senate Judiciarythis Committeesection, the offender is guilty of a felony of the fifth 484 degree.

512 (b) The minor's or impaired person's parents, guardian, or 513 Sub.

393 Page 19 As ReportedPassed by the Senate Judiciary(b) CommitteeThe minor's or impaired person's parents, guardian, or 513 custodian consents in writing to the photographing of the minor 514 or impaired person, to the use of the minor, the artificially 515 generated depiction of the minor, or the impaired person in the 516 material or performance, or to the transfer of the material and 517 to the specific manner in which the material or performance is 518 to be used.

539 (a) The material or performance is sold, disseminated, 540 displayed, possessed, controlled, brought or caused to be 541 brought into this state, or presented for a bona fide artistic, 542 medical, scientific, educational, religious, governmental, 543 Sub.

393 Page 20 As ReportedPassed by the Senate Judiciarymedical, Committeescientific, educational, religious, governmental, 543 judicial, or other proper purpose, by or to a physician, 544 psychologist, sociologist, scientist, teacher, person pursuing 545 bona fide studies or research, librarian, member of the clergy, 546 prosecutor, judge, or other person having a proper interest in 547 the material or performance.

571 (2) The offender had reasonable cause to believe that the 572 Sub.

393 Page 21 As ReportedPassed by the Senate Judiciary(2) CommitteeThe offender had reasonable cause to believe that the 572 other person solicited or otherwise agreed to receive the 573 material or performance.

If 595 (b) Except as provided in division (D)(3)(c) of this 596 section, if the offender previously has been convicted of or 597 pleaded guilty to a violation of this section or section 598 2907.321 or 2907.322 of the Revised Code, illegal use of a minor 599 or impaired person in a nudity-oriented material or performance 600 in a violation of division (A)(3) of this section is a felony of 601 Sub.

393 Page 22 As ReportedPassed by the Senate Judiciaryin Committeea violation of division (A)(3) of this section is a felony of 601 the fourth degree.

If the offender 630 has previously been adjudicated a delinquent child for 631 Sub.

393 Page 23 As ReportedPassed by the Senate Judiciaryhas Committeepreviously been adjudicated a delinquent child for 631 committing an act that would be a violation of division (B) of 632 this section, the offender is guilty of a felony of the fifth 633 degree.

654 (1)(a) For a felony of the first degree committed on or 655 after March 22, 2019, the prison term shall be an indefinite 656 prison term with a stated minimum term selected by the court of 657 three, four, five, six, seven, eight, nine, ten, or eleven years 658 and a maximum term that is determined pursuant to section 659 2929.144 of the Revised Code, except that if the section that 660 criminalizes the conduct constituting the felony specifies a 661 Sub.

393 Page 24 As ReportedPassed by the Senate Judiciarycriminalizes Committeethe conduct constituting the felony specifies a 661 different minimum term or penalty for the offense, the specific 662 language of that section shall control in determining the 663 minimum term or otherwise sentencing the offender but the 664 minimum term or sentence imposed under that specific language 665 shall be considered for purposes of the Revised Code as if it 666 had been imposed under this division.

687 (3)(a) For a felony of the third degree that is a 688 violation of section 2903.06, 2903.08, 2907.03, 2907.04, 689 2907.05, 2907.321, 2907.322, 2907.323, 2919.25, or 3795.04 of 690 the Revised Code, that is a violation of division (A) of section 691 Sub.

393 Page 25 As ReportedPassed by the Senate Judiciarythe CommitteeRevised Code, that is a violation of division (A) of section 691 4511.19 of the Revised Code if the offender previously has been 692 convicted of or pleaded guilty to a violation of division (A) of 693 that section that was a felony, that is a violation of section 694 2911.02 or 2911.12 of the Revised Code if the offender 695 previously has been convicted of or pleaded guilty in two or 696 more separate proceedings to two or more violations of section 697 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code, or 698 that is a violation of division (B) of section 2921.331 of the 699 Revised Code if division (C)(5) of that section applies, the 700 prison term shall be a definite term of twelve, eighteen, 701 twenty-four, thirty, thirty-six, forty-two, forty-eight, fifty- 702 four, or sixty months.

393 Page 26 As ReportedPassed by the Senate Judiciary Committee (i) A prison term of six years if the specification is of 721 the type described in division (A) of section 2941.144 of the 722 Revised Code that charges the offender with having a firearm 723 that is an automatic firearm or that was equipped with a firearm 724 muffler or suppressor on or about the offender's person or under 725 the offender's control while committing the offense;

393 Page 27 As ReportedPassed by the Senate Judiciary Committee section 2941.145 of the Revised Code that charges the offender 751 with having a firearm on or about the offender's person or under 752 the offender's control while committing the offense and 753 displaying the firearm, brandishing the firearm, indicating that 754 the offender possessed the firearm, or using the firearm to 755 facilitate the offense and that the offender previously has been 756 convicted of or pleaded guilty to a specification of the type 757 described in section 2941.141, 2941.144, 2941.145, 2941.146, or 758 2941.1412 of the Revised Code;

393 Page 28 As ReportedPassed by the Senate Judiciary Committee knowingly causing or attempting to cause the death of or 781 physical harm to another, also is convicted of or pleads guilty 782 to a specification of the type described in division (A) of 783 section 2941.146 of the Revised Code that charges the offender 784 with committing the offense by discharging a firearm from a 785 motor vehicle other than a manufactured home, the court, after 786 imposing a prison term on the offender for the violation of 787 section 2923.161 of the Revised Code or for the other felony 788 offense under division (A), (B)(2), or (B)(3) of this section, 789 shall impose an additional prison term of five years upon the 790 offender that shall not be reduced pursuant to section 2929.20, 791 division (A)(2) or (3) of section 2967.193 or 2967.194, or any 792 other provision of Chapter 2967.

393 Page 29 As ReportedPassed by the Senate Judiciary Committee upon the offender that shall not be reduced pursuant to section 812 2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, 813 or any other provision of Chapter 2967.

393 Page 30 As ReportedPassed by the Senate Judiciary Committee (e) The court shall not impose any of the prison terms 842 described in division (B)(1)(a) of this section or any of the 843 additional prison terms described in division (B)(1)(c) of this 844 section upon an offender for a violation of section 2923.12 or 845 2923.123 of the Revised Code.

393 Page 31 As ReportedPassed by the Senate Judiciary Committee offense under division (A), (B)(2), or (B)(3) of this section, 872 shall impose an additional prison term of seven years upon the 873 offender that shall not be reduced pursuant to section 2929.20, 874 division (A)(2) or (3) of section 2967.193 or 2967.194, or any 875 other provision of Chapter 2967.

393 Page 32 As ReportedPassed by the Senate Judiciary Committee which the offender is convicted or to which the offender pleads 903 guilty, the sentencing court shall impose on the offender the 904 prison term specified under division (B)(1)(f) of this section 905 for each of two of the specifications of which the offender is 906 convicted or to which the offender pleads guilty and, in its 907 discretion, also may impose on the offender the prison term 908 specified under that division for any or all of the remaining 909 specifications.

393 Page 33 As ReportedPassed by the Senate Judiciary Committee authorized or required for the offense, an additional definite 934 prison term of one, two, three, four, five, six, seven, eight, 935 nine, or ten years if all of the following criteria are met:

393 Page 34 As ReportedPassed by the Senate Judiciary Committee (v) The court finds that the prison terms imposed pursuant 964 to division (B)(2)(a)(iii) of this section and, if applicable, 965 division (B)(1) or (3) of this section are demeaning to the 966 seriousness of the offense, because one or more of the factors 967 under section 2929.12 of the Revised Code indicating that the 968 offender's conduct is more serious than conduct normally 969 constituting the offense are present, and they outweigh the 970 applicable factors under that section indicating that the 971 offender's conduct is less serious than conduct normally 972 constituting the offense.

393 Page 35 As ReportedPassed by the Senate Judiciary Committee (iii) The offense or offenses of which the offender 994 currently is convicted or to which the offender currently pleads 995 guilty is aggravated murder and the court does not impose a 996 sentence of death or life imprisonment without parole, murder, 997 terrorism and the court does not impose a sentence of life 998 imprisonment without parole, any felony of the first degree that 999 is an offense of violence and the court does not impose a 1000 sentence of life imprisonment without parole, or any felony of 1001 the second degree that is an offense of violence and the trier 1002 of fact finds that the offense involved an attempt to cause or a 1003 threat to cause serious physical harm to a person or resulted in 1004 serious physical harm to a person.

393 Page 36 As ReportedPassed by the Senate Judiciary Committee violation of section 2925.03 or 2925.11 of the Revised Code and 1024 that section classifies the offender as a major drug offender, 1025 if the offender commits a violation of section 2925.05 of the 1026 Revised Code and division (E)(1) of that section classifies the 1027 offender as a major drug offender, if the offender commits a 1028 felony violation of section 2925.02, 2925.04, 2925.05, 2925.36, 1029 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or 4729.61, 1030 division (C) or (D) of section 3719.172, division (E) of section 1031 4729.51, or division (J) of section 4729.54 of the Revised Code 1032 that includes the sale, offer to sell, or possession of a 1033 schedule I or II controlled substance, with the exception of 1034 marihuana, and the court imposing sentence upon the offender 1035 finds that the offender is guilty of a specification of the type 1036 described in division (A) of section 2941.1410 of the Revised 1037 Code charging that the offender is a major drug offender, if the 1038 court imposing sentence upon an offender for a felony finds that 1039 the offender is guilty of corrupt activity with the most serious 1040 offense in the pattern of corrupt activity being a felony of the 1041 first degree, or if the offender is guilty of an attempted 1042 violation of section 2907.02 of the Revised Code and, had the 1043 offender completed the violation of section 2907.02 of the 1044 Revised Code that was attempted, the offender would have been 1045 subject to a sentence of life imprisonment or life imprisonment 1046 without parole for the violation of section 2907.02 of the 1047 Revised Code, the court shall impose upon the offender for the 1048 felony violation a mandatory prison term determined as described 1049 in this division that cannot be reduced pursuant to section 1050 2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, 1051 or any other provision of Chapter 2967.

393 Page 37 As ReportedPassed by the Senate Judiciary Committee division (A)(1)(a) of this section applies, the mandatory prison 1056 term shall be the longest minimum prison term prescribed in that 1057 division for the offense.

393 Page 38 As ReportedPassed by the Senate Judiciary Committee community control sanction under section 2929.16 or 2929.17 of 1087 the Revised Code, but the offender shall serve all of the prison 1088 terms so imposed prior to serving the community control 1089 sanction.

393 Page 39 As ReportedPassed by the Senate Judiciary Committee specification of the type described in section 2941.1415 of the 1117 Revised Code that charges that the offender previously has been 1118 convicted of or pleaded guilty to three or more violations of 1119 division (A) of section 4511.19 of the Revised Code or an 1120 equivalent offense, as defined in section 2941.1415 of the 1121 Revised Code, or three or more violations of any combination of 1122 those offenses, the court shall impose on the offender a prison 1123 term of three years.

393 Page 40 As ReportedPassed by the Senate Judiciary Committee (ii) If the offense is a felony of the second or third 1148 degree, a definite prison term of not less than three years and 1149 not greater than the maximum prison term allowed for the offense 1150 by division (A)(2)(b) or (3) of this section, except that if the 1151 offense is a felony of the second degree committed on or after 1152 March 22, 2019, the court shall impose as the minimum prison 1153 term a mandatory term of not less than three years and not 1154 greater than eight years;

393 Page 41 As ReportedPassed by the Senate Judiciary Committee terms prescribed in division (A) of this section for felonies of 1178 the same degree as the violation, except that if the violation 1179 is a felony of the first or second degree committed on or after 1180 March 22, 2019, the court shall impose as the minimum prison 1181 term under division (A)(1)(a) or (2)(a) of this section a 1182 mandatory term that is one of the terms prescribed in that 1183 division, whichever is applicable, for the offense.

393 Page 42 As ReportedPassed by the Senate Judiciary Committee section 2967.193 or 2967.194, or any other provision of Chapter 1208 2967.

393 Page 43 As ReportedPassed by the Senate Judiciary Committee Code or a felony violation of section 2925.11 of the Revised 1238 Code for which division (C)(11) of that section applies in 1239 determining the sentence for the violation, if the drug involved 1240 in the violation is a fentanyl-related compound or a compound, 1241 mixture, preparation, or substance containing a fentanyl-related 1242 compound, and if the offender also is convicted of or pleads 1243 guilty to a specification of the type described in division (B) 1244 of section 2941.1410 of the Revised Code that charges that the 1245 offender is a major drug offender, in addition to any other 1246 penalty imposed for the violation, the court shall impose on the 1247 offender a mandatory prison term of three, four, five, six, 1248 seven, or eight years.

393 Page 44 As ReportedPassed by the Senate Judiciary Committee about the offender's person or under the offender's control 1269 while committing a felony, if a mandatory prison term is imposed 1270 upon an offender pursuant to division (B)(1)(c) of this section 1271 for committing a felony specified in that division by 1272 discharging a firearm from a motor vehicle, or if both types of 1273 mandatory prison terms are imposed, the offender shall serve any 1274 mandatory prison term imposed under either division 1275 consecutively to any other mandatory prison term imposed under 1276 either division or under division (B)(1)(d) of this section, 1277 consecutively to and prior to any prison term imposed for the 1278 underlying felony pursuant to division (A), (B)(2), or (B)(3) of 1279 this section or any other section of the Revised Code, and 1280 consecutively to any other prison term or mandatory prison term 1281 previously or subsequently imposed upon the offender.

393 Page 45 As ReportedPassed by the Senate Judiciary Committee other prison term or mandatory prison term previously or 1300 subsequently imposed upon the offender.

393 Page 46 As ReportedPassed by the Senate Judiciary Committee violation of section 2923.131 of the Revised Code, or if an 1330 offender who is an inmate in a jail, prison, or other 1331 residential detention facility or is under detention at a 1332 detention facility commits another felony while the offender is 1333 an escapee in violation of division (A)(1) or (2) of section 1334 2921.34 of the Revised Code, any prison term imposed upon the 1335 offender for one of those violations shall be served by the 1336 offender consecutively to the prison term or term of 1337 imprisonment the offender was serving when the offender 1338 committed that offense and to any other prison term previously 1339 or subsequently imposed upon the offender.

393 Page 47 As ReportedPassed by the Senate Judiciary Committee was under a sanction imposed pursuant to section 2929.16, 1360 2929.17, or 2929.18 of the Revised Code, or was under post- 1361 release control for a prior offense.

393 Page 48 As ReportedPassed by the Senate Judiciary Committee (6) If a mandatory prison term is imposed on an offender 1390 pursuant to division (B)(9) of this section, the offender shall 1391 serve the mandatory prison term consecutively to and prior to 1392 any prison term imposed for the underlying violation of division 1393 (A)(1) or (2) of section 2903.11 of the Revised Code and 1394 consecutively to and prior to any other prison term or mandatory 1395 prison term previously or subsequently imposed on the offender.

393 Page 49 As ReportedPassed by the Senate Judiciary Committee felony indefinite prison term, any definite prison term or 1420 mandatory definite prison term previously or subsequently 1421 imposed on the offender in addition to that indefinite sentence 1422 that is required to be served consecutively to that indefinite 1423 sentence shall be served prior to the indefinite sentence.

393 Page 50 As ReportedPassed by the Senate Judiciary Committee division and failed to include in the sentence pursuant to this 1451 division a statement regarding post-release control.

393 Page 51 As ReportedPassed by the Senate Judiciary Committee Code provides that the court shall not sentence the offender 1481 pursuant to section 2971.03 of the Revised Code.

393 Page 52 As ReportedPassed by the Senate Judiciary Committee section 5120.163 of the Revised Code applies regarding the 1510 person while the person is confined in a state correctional 1511 institution.

393 Page 53 As ReportedPassed by the Senate Judiciary Committee (ii) If the offender previously has been convicted of or 1540 pleaded guilty to one or more felony or misdemeanor violations 1541 of section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of 1542 the Revised Code and also was convicted of or pleaded guilty to 1543 a specification of the type described in section 2941.1421 of 1544 the Revised Code regarding one or more of those violations, an 1545 additional prison term of one, two, three, four, five, six, 1546 seven, eight, nine, ten, eleven, or twelve months.

393 Page 54 As ReportedPassed by the Senate Judiciary Committee (I) At the time of sentencing, the court may recommend the 1571 offender for placement in a program of shock incarceration under 1572 section 5120.031 of the Revised Code or for placement in an 1573 intensive program prison under section 5120.032 of the Revised 1574 Code, disapprove placement of the offender in a program of shock 1575 incarceration or an intensive program prison of that nature, or 1576 make no recommendation on placement of the offender.

393 Page 55 As ReportedPassed by the Senate Judiciary Committee determines as specified in section 5120.031 or 5120.032 of the 1601 Revised Code, whichever is applicable, that the offender is 1602 eligible for placement in a program or prison of that nature, 1603 the department shall screen the offender and determine if there 1604 is an available program of shock incarceration or an intensive 1605 program prison for which the offender is suited.

393 Page 56 As ReportedPassed by the Senate Judiciary Committee prison term imposed for the underlying offense.

393 Page 57 As ReportedPassed by the Senate Judiciary Committee Grand Jurors (or insert the person's or the prosecuting 1662 attorney's name when appropriate) further find and specify that 1663 (set forth that the offender was at least eighteen years of age 1664 at the time of the offense and the material possessed by the 1665 offender consisted of one hundred or more images)." 1666 For purposes of this section, a single motion picture 1667 film, video, or digital recording shall be deemed equivalent to 1668 seventy-five images.

393 Page 58 As ReportedPassed by the Senate Judiciary Committee conduct or when the offender is less than four years older than 1691 the other person with whom the offender engaged in sexual 1692 conduct and the offender previously has been convicted of or 1693 pleaded guilty to a violation of section 2907.02, 2907.03, or 1694 2907.04 of the Revised Code or a violation of former section 1695 2907.12 of the Revised Code;

393 Page 59 As ReportedPassed by the Senate Judiciary Committee (11) A violation of section 2905.32 of the Revised Code 1719 when either of the following applies:

393 Page 60 As ReportedPassed by the Senate Judiciary Committee former law of any nation other than the United States that is or 1749 was substantially equivalent to any offense listed in division 1750 (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or 1751 (12) of this section;

393 Page 61 As ReportedPassed by the Senate Judiciary Committee age or older, and the person who is convicted of, pleads guilty 1778 to, has been convicted of, has pleaded guilty to, is adjudicated 1779 a delinquent child for committing, or has been adjudicated a 1780 delinquent child for committing the sexually oriented offense is 1781 not more than four years older than the victim.

393 Page 62 As ReportedPassed by the Senate Judiciary Committee convicted of, pleads guilty to, has been convicted of, has 1807 pleaded guilty to, is adjudicated a delinquent child for 1808 committing, or has been adjudicated a delinquent child for 1809 committing any child-victim oriented offense.

393 Page 63 As ReportedPassed by the Senate Judiciary Committee as a tier I sex offender/child-victim offender relative to that 1835 offense pursuant to division (D) of that section;

393 Page 64 As ReportedPassed by the Senate Judiciary Committee offense.

393 Page 65 As ReportedPassed by the Senate Judiciary Committee the Revised Code when the victim of the offense is eighteen 1892 years of age or older;

393 Page 66 As ReportedPassed by the Senate Judiciary Committee classified a tier I sex offender/child-victim offender.

393 Page 67 As ReportedPassed by the Senate Judiciary Committee child a tier I sex offender/child-victim offender or a tier III 1950 sex offender/child-victim offender relative to the offense.

393 Page 68 As ReportedPassed by the Senate Judiciary Committee (h) A violation of any former law of this state, any 1978 existing or former municipal ordinance or law of another state 1979 or the United States, any existing or former law applicable in a 1980 military court or in an Indian tribal court, or any existing or 1981 former law of any nation other than the United States that is or 1982 was substantially equivalent to any offense listed in division 1983 (G)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;

393 Page 69 As ReportedPassed by the Senate Judiciary Committee of the Revised Code, classifies a tier III sex offender/child- 2008 victim offender relative to the offense.

393 Page 70 As ReportedPassed by the Senate Judiciary Committee (6) A sex offender who is convicted of, pleads guilty to, 2038 was convicted of, or pleaded guilty to a sexually oriented 2039 offense, if the sexually oriented offense and the circumstances 2040 in which it was committed are such that division (F) of section 2041 2971.03 of the Revised Code automatically classifies the 2042 offender as a tier III sex offender/child-victim offender;

393 Page 71 As ReportedPassed by the Senate Judiciary Committee 2929.16 or 2929.26 of the Revised Code.

393 Page 72 As ReportedPassed by the Senate Judiciary Committee time of committing the offense, and who a juvenile court judge, 2097 pursuant to an order issued under section 2152.82, 2152.83, 2098 2152.84, 2152.85, or 2152.86 of the Revised Code, classifies a 2099 juvenile offender registrant and specifies has a duty to comply 2100 with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the 2101 Revised Code.

393 Page 73 As ReportedPassed by the Senate Judiciary Committee (2) The person was fourteen, fifteen, sixteen, or 2126 seventeen years of age at the time of committing the act.

393 Page 74 As ReportedPassed by the Senate Judiciary Committee offender registrant" under the definition of the term in 2156 existence prior to January 1, 2008, and a person who prior to 2157 July 31, 2003, was an "out-of-state juvenile sex offender 2158 registrant" under the former definition of that former term.

393 Page 75 As ReportedPassed by the Senate Judiciary Committee that open directly into the unit from a hallway that is shared 2185 with one or more other units.

393 Page 76 As ReportedPassed by the Senate Judiciary Committee predator, was classified a habitual sex offender, or was 2214 classified a habitual child-victim sex offender.

393 Page 77 As ReportedPassed by the Senate Judiciary Committee H.B.