What is Importuning in Ohio?

What is Importuning According to Ohio Revised Code Section 2907.07?

Importuning in Ohio is defined by Ohio Revised Code Section 2907.07. Pursuant to Ohio Revised Code Section 2907.07, there are several situations wherein a person can violate the Importuning statute. Ohio Revised Code Section 2907.07 states:

(A) 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.

(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, 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, the other person is sixteen or seventeen years of age and a victim of a violation of human trafficking, and the offender knows or has reckless disregard of the age of the other person.

© 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 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 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.

What Does This Mean?

Written more simply, Ohio Revised Code Section 2907.07 states that a person may be convicted of Importuning in Ohio if they:

• Solicit a person who is less than 13 years of age to engage in sexual activity; or
• Solicit a person between 13 and 15 years of age for sexual activity when the offender is 18 years old and four or more years older than the victim; or
• Solicit a person who is 16 or 17 years of age 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.

To sustain a conviction for Importuning in Ohio, it does not matter whether the solicitation occurred in person or via a telecommunications device, such as a phone or computer.

What is Sexual Conduct?

Ohio Revised Code Section 2907.01 defines sexual conduct as vaginal intercourse between a male and female; anal intercourse, fellatio/cunnilingus (oral sex) between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

What is Sexual Contact?

Ohio Revised Code Section 2907.01 defines sexual contact as any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.

What is Sexual Activity?

Ohio Revised Code Section 2907.01 defines sexual activity as either sexual conduct or sexual contact.

What Are The Penalties For Importuning in Ohio?

The penalties for Importuning in Ohio vary depending on the circumstances surrounding the offense.

• Generally, Importuning is a felony of the fifth degree, which is punishable by a term of imprisonment of up to one year and/or a fine of up to $2,500.00. If the offender had previously been convicted of a sex offense or child-victim offense, Importuning is a felony of the fourth degree and the court shall impose a prison term of not less than 12 months.

• If the offender solicits a person who is less than 13 years of age or a person who is less than 16 years of age and substantially impaired, Importuning is a felony of the third degree, which is punishable by a term of imprisonment of up to 36 months and/or a fine of up to $10,000.00.

• If the offender has previously been convicted of a sex offense or child-victim offense, Importuning in the circumstances listed above is a felony of the second degree, which is punishable by a term of imprisonment of 2 to 8 years and/or a fine of up to $15,000.00.

• In addition, an offender who is convicted of Importuning in Ohio will be classified as a Tier I sex-offender, which requires registration every 12 months for a period of 15 years.

What To Do If You Are Accused of Importuning in Ohio

Being accused of Importuning in Ohio carries significant consequences and can have an extreme effect on one’s life, regardless of whether they are convicted or not. If you, or someone you know has been accused of Importuning in Ohio, it is recommended that you contact a criminal defense attorney who has specific knowledge and experience handling Importuning cases in Ohio. It is important to speak to an experienced Ohio criminal defense attorney before speaking to anyone about the allegations, as anything you say can and will likely be used against you, even if the statement is not made to law enforcement.

An experienced Ohio criminal defense attorney will be able to discuss your case and the allegations against you, help you gather evidence that may be beneficial for your defense, give advice on how to speak and act around loved ones who know about the accusations, and make sure that you are treated properly throughout any investigation or proceeding. If you are contacted by law enforcement, it is never recommended to make a statement. Instead, be polite but respectfully decline answering any questions. Immediately, contact an experienced Ohio criminal defense attorney.

At Friedman Nemecek Long & Grant, L.L.C., our team of experienced criminal defense attorneys have travelled all across the State of Ohio representing individuals facing criminal investigations or charges related to Importuning allegations. Our lawyers stay abreast of the constant changes in legislation and/or court cases to ensure that our clients receive the most comprehensive and effective representation available. If you have questions regarding such matters, or you have been subjected to, or accused of, Importuning or other sexual misconduct, please call the law firm of Friedman Nemecek Long & Grant, L.L.C., at (216) 928-7700 for an initial consultation.