OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 593 Bill Analysis
135th General Assembly
Click here for H.B. 593’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Dell’Aquila and Williams
Effective date:
Sarah A. Maki, Attorney
SUMMARY
▪ Requires that the offense of criminal child enticement is committed with a sexual
motivation or an unlawful purpose.
▪ Removes the affirmative defense for criminal child enticement that specifies that the
actor undertook the activity in response to a bona fide emergency situation or that the
actor under took the activity in a reasonable belief that it was necessary to preserve the
health, safety, or welfare of the child.
DETAILED ANALYSIS
Criminal child enticement
Offense − under the bill
The bill modifies the offense of criminal child enticement by requiring that a person act
with a sexual motivation or an unlawful purpose. The bill prohibits a person from doing the
following:1
▪ By any means and without privilege to do so, knowingly soliciting, coaxing, enticing, or
luring any child under 14 years of age to accompany the person in any manner, including
entering into any vehicle or onto any vessel, whether or not the offender knows the age
of the child, if either of the following apply:
The person acts with a sexual motivation;
The person acts with an unlawful purpose.
1 R.C. 2905.05(A).
September 10, 2024
Office of Research and Drafting LSC Legislative Budget Office
Offense – under current law
Under current law, the offense of criminal child enticement prohibits a person from
doing any of the following:2
1. By any means and without privilege to do so, knowingly soliciting, coaxing, enticing, or
luring any child under 14 years of age to accompany the person in any manner, including
entering into any vehicle or onto any vessel, whether or not the offender knows the age
of the child, if both of the following apply:
a. The actor does not have the express or implied permission of the parent, guardian,
or other legal custodian of the child in undertaking the activity.
b. The actor is not a law enforcement officer, medic, firefighter, or other person who
regularly provides emergency services, and is not an employee or agent of, or a
volunteer acting under the direction of, any board of education, or the actor is any
of such persons, but at the time the actor undertakes the activity, the actor is not
acting within the scope of the actor’s lawful duties in that capacity.
2. With a sexual motivation, violating (1) above.
3. For any unlawful purpose other than, or in addition to, that proscribed by (1) above,
engaging in any activity described in (1) above.
In State v. Romage, the Supreme Court of Ohio held that (1) above was
unconstitutionally overbroad. The court held that while the statute has an admirable purpose,
which is to prevent child abductions or the commission of lewd acts with children, it cannot
include what is constitutionally protected activity. Even though the state has a legitimate and
compelling interest in protecting children from abduction and lewd acts, a statute intended to
promote legitimate goals that can be regularly and improperly applied to prohibit protected
expression and activity is constitutionally overbroad. The statute fails to require that the
prohibited solicitation, coaxing, enticing, or luring occur with the intent to commit any unlawful
act.3
Penalty
Under continuing law, the penalty for a violation of the offense is generally a first
degree misdemeanor, but may be a fifth degree felony depending on the circumstances of the
offense.4
Affirmative defense
The bill removes the affirmative defense for the offense of criminal child enticement.
Under current law, it is an affirmative defense to a charge of criminal child enticement that the
2 R.C. 2905.05(A) to (C).
3 State v. Romage (2013), 138 Ohio St.3d 390, 393-394.
4 R.C. 2905.05(B).
P a g e |2 H.B. 593
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
actor undertook the activity in response to a bona fide emergency situation or that the actor
undertook the activity in a reasonable belief that it was necessary to preserve the health,
safety, or welfare of the child.5
Allied offenses of similar import
The bill provides that the prosecution of a person for criminal child enticement does not
preclude prosecution of that person under another section in R.C. Chapter 2905. An act that
can be prosecuted under the criminal child enticement section or another section in
R.C. Chapter 2905 may be prosecuted under the criminal child enticement section, the other
section, or the criminal child enticement section and the other section. However, if the charges
are based on the same conduct and involve the same victim, the indictment or information may
contain counts for all such offenses, but the person may be convicted of only a violation of
R.C. Chapter 2905.6
Definitions
The bill uses the following continuing law definitions:
1. “Sexual motivation” means a purpose to gratify the sexual needs or desires of the
offender.7
2. “Vehicle” means everything on wheels or runners, including motorized bicycles, but
does not mean electric personal assistive mobility devices, low-speed micromobility
devices, vehicles that are operated exclusively on rails or tracks or from overhead
electric trolley wires, and vehicles that belong to any police department, municipal fire
department, or volunteer fire department, or that are used by such a department in
discharge of its functions.8
3. “Vessel” includes every description of craft, including nondisplacement, multimodal
craft, and submersibles, being used or capable of being used as a means of
transportation on water.9
Technical changes
The bill makes necessary cross-reference changes.10
5 R.C. 2905.05(D).
6 R.C. 2905.05(C).
7 R.C. 2905.05(D)(1) and 2971.01(J), not in the bill.
8 R.C. 2905.05(D)(2) and 4501.01(A), not in the bill.
9 R.C. 2905.05(D)(3) and 1546.01, not in the bill.
10 R.C. 2950.01(A)(10), (C)(2), and (E)(1)(e).
P a g e |3 H.B. 593
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
HISTORY
Action Date
Introduced 05-15-24
ANHB0593IN-135/ts
P a g e |4 H.B. 593
As Introduced
Statutes affected: As Introduced: 2905.05, 2950.01