OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 427 Final Analysis
134th General Assembly
Click here for H.B. 427’s Fiscal Note
Primary Sponsors: Reps. White and Manchester
Effective date: September 13, 2022
Effective Date:
Ashley F. Dean, Attorney UPDATED VERSION
SUMMARY
 Provides that the element “compelled” is established for the offenses of “trafficking in
persons” and “compelling prostitution” when the state proves that the offender
overcame the victim’s will by furnishing or offering a controlled substance to the victim
or by manipulating the victim’s controlled substance addiction.
DETAILED ANALYSIS
Trafficking in persons
The act expands how the element “compelled” is established for purposes of the
offense of “trafficking in persons.” Under continuing law, the element “compelled” is
established if the state proves that the offender overcame the victim’s will by force, fear,
duress, intimidation, or fraud. The act expands this to add that the element “compelled” is also
established if the state proves that the offender overcame the victim’s will by furnishing or
offering a controlled substance to the victim, or by manipulating the victim’s controlled
substance addiction. Under continuing law, the element “compelled” does not require that the
compulsion be openly displayed or physically exerted.1
The offense of “trafficking of persons” prohibits a person from knowingly recruiting,
luring, enticing, isolating, harboring, transporting, providing, obtaining, or maintaining, or
knowingly attempting to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or
maintain another if the offender knows that the other person will be subjected to involuntary
servitude or be compelled to engage in sexual activity for hire, engage in a performance that is
 This version updates the effective date.
1 R.C. 2905.32(B).
July 5, 2022
Office of Research and Drafting LSC Legislative Budget Office
obscene, sexually oriented, or nudity oriented, or be a model or participate in the production of
material that is obscene, sexually oriented, or nudity oriented.2
A violation of the offense is a first degree felony.3
Compelling prostitution
The act likewise expands how the element “compel” is established for purposes of the
offense of “compelling prostitution.” Under continuing law, the element “compel” is
established if the state proves that the offender overcame the victim’s will by force, fear,
duress, or intimidation. The act expands this to add that the element “compel” is also
established if the state proves that the offender overcame the victim’s will by furnishing or
offering a controlled substance to the victim, or by manipulating the victim’s controlled
substance addiction. Under continuing law, the element “compel” does not require that the
compulsion be openly displayed or physically exerted.4
The offense of “compelling prostitution” prohibits a person from knowingly compelling
another to engage in sexual activity for hire.5
A violation of the offense is generally a third degree felony. If the offender commits a
violation and the person compelled to engage in sexual activity for hire is 16 or 17 years of age,
compelling prostitution is a second degree felony. If the offender commits a violation and the
person compelled to engage in sexual activity for hire is under 16 years of age, compelling
prostitution is a first degree felony.6
HISTORY
Action Date
Introduced 09-20-21
Reported, H. Criminal Justice 02-08-22
Passed House (98-0) 02-16-22
Reported, S. Judiciary 05-25-22
Passed Senate (30-0) 05-25-22
22-ANHB424EN-UPDATED-134/ts
2 R.C. 2905.32(A)(1).
3 R.C. 2905.32(E).
4 R.C. 2907.21(B).
5 R.C. 2907.21(A)(1).
6 R.C. 2907.21(C).
P a g e |2 H.B. 427
Final Analysis


Statutes affected:
As Introduced: 2905.32, 2907.21
As Reported By House Committee: 2905.32, 2907.21
As Passed By House: 2905.32, 2907.21
As Reported By Senate Committee: 2905.32, 2907.21
As Passed By Senate: 2905.32, 2907.21
As Enrolled: 2905.32, 2907.21