OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 531* Bill Analysis
135th General Assembly
Click here for H.B. 531’s Fiscal Note
Version: As Reported by Senate Judiciary
Primary Sponsors: Reps. Lear and Lorenz
Effective date:
Ashley F. Dean, Attorney
SUMMARY
Braden’s Law
▪ Names the parts of the bill described under “Custodian compliance” and “Sexual
extortion” Braden’s Law.
Custodian compliance
▪ Requires a court, within 30 days, to adjudicate an application for a court order requiring
a custodian to disclose the digital assets or terminate the account of a deceased user
who was less than 18 years of age if the request was initiated by a parent or legal
guardian of the deceased user. Requires the court to impose a civil penalty on the
custodian if the custodian fails to comply with the court order.
Sexual extortion
▪ Creates the offense of sexual extortion.
Sexual extortion exceptions
▪ Prohibits a person from asserting a cause of action in any Ohio court against any
provider of an information, interactive computer, or telecommunications service for any
injury, death, or loss to person or property in accordance with a court order issued in
relation to sexual extortion.
▪ Provides that a provider of an information, interactive computer, or
telecommunications service is immune from civil or criminal liability for injury, death, or
* This analysis was prepared before the report of the Senate Judiciary Committee appeared in the
Senate Journal. Note that the legislative history may be incomplete.
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loss to person or property in accordance with a court order issued in relation to sexual
extortion.
▪ Provides that a person cannot commit sexual extortion solely by providing access to an
electronic method of remotely transferring information not under the person’s control
that does not include the creation of the content of the material that is the subject of
the access or connection.
▪ Provides that any person providing access or connection to or from an electronic
method of remotely transferring information not under the person’s control is not liable
for any action taken in good faith to block the receipt or transmission of any information
sent that is or could be considered as sexual extortion.
▪ Provides that there is no affirmative duty for any person providing access to an
electronic method of remotely transferring information not under the person’s control
to block the receipt or transmission of possible instances of sexual extortion.
▪ Provides that a person who conspires with another who is actively involved in the
creation or knowing distribution of material related to sexual extortion or who
knowingly advertises the material is guilty of sexual extortion.
▪ Provides that a user or provider of an interactive computer service cannot be treated as
the publisher or speaker of any information provided by another information content
provider and will not be held civilly or criminally liable for the information provided by
the other content provider.
▪ Provides that a person who develops or creates any content that is considered to be
sexual extortion is not protected and is liable for committing the offense.
▪ Provides that a person cannot be convicted of an offense, and a child cannot be
adjudicated a delinquent child, for disseminating private images of that person or child
to another person as a result of committing the crime of sexual extortion when the
person or child is a victim.
Sentencing guidelines
▪ Adds the following factors a sentencing court must consider indicating that the
offender’s conduct is more serious than conduct normally constituting the offense:
 The victim of the offense suffered serious physical, psychological, or economic harm,
including serious physical harm the victim caused to the victim’s self, as a result of
the offense.
 The victim died by suicide as a result of the offense.
Electronic search warrants
▪ Requires a provider of an electronic communication service or of remote computing
service operating in Ohio to comply with any court-issued search warrant or
interception warrant, regardless of whether user data is held at a location within Ohio
or at a location in another state.
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▪ Permits a court to issue an order on a service provider that is a corporation or entity
that is incorporated or organized in Ohio, or a company or business entity doing
business in Ohio under a contract or terms of a service agreement with an Ohio
resident.
Definitions
▪ Defines “elderly person,” “disabled adult,” “information service,” “telecommunications
service,” “interactive computer service,” “nudity,” “sexual activity,” “sexual
excitement,” “private images,” and “threat” for purposes of the offenses of sexual
extortion.
▪ Defines “electronic user data” and “remote computing service” for the purposes of
peace and search warrants.
Technical change
▪ Makes necessary cross-reference changes.
DETAILED ANALYSIS
Braden’s law
The bill names the parts of the bill described under “Custodian compliance” and
“Sexual extortion” “Braden’s Law.”1
Custodian compliance
Under existing law, not later than 60 days after receipt of information required to be
provided regarding the disclosure of electronic communications and other digital assets of a
deceased user, a custodian must comply with a request from a fiduciary or designated recipient
to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary
or designated recipient may apply to the court for an order directing compliance. Under the bill,
if the deceased user was under 18 years of age at time of death and the request was initiated
by a parent or legal custodian or guardian at the time of the deceased user’s death, or the
fiduciary of the estate of that deceased user, the court must determine and adjudicate the
application for a court order within 30 days after submission.2 If the court finds that the
custodian failed to comply with the court order, the court must impose the following civil
penalties on the custodian:3
1. Up to $1,000 for each of the first 60 days the operator failed to comply with the court
order;
1 Section 3.
2 R.C. 2137.15(A).
3 R.C. 2137.15(F).
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2. An additional civil penalty of up to $5,000 for each subsequent day the operator failed
to comply with the order, beginning with day 61 and ending with day 90;
3. An additional civil penalty of up to $10,000 for each subsequent day the operator failed
to comply with the order, beginning with day 91.
The court must deposit the civil penalties into the Consumer Protection Enforcement
Fund.4
Sexual extortion
Offense of sexual extortion
The bill creates the offense of sexual extortion, which prohibits a person from
threatening to release, exhibit, or distribute the private images of another with purpose to do
any of the following:5
1. Compel or attempt to compel the other person, against the other person’s will, to
perform any act or refrain from performing any act;
2. Induce the other person to commit an offense;
3. Obtain additional private images from the other person;
4. Obtain anything of value from the other person.
Generally, sexual extortion is a third degree felony. If the offender previously has been
convicted of or pleaded guilty to sexual extortion or if the offense involves sexual extortion of a
person under the age of 18, an elderly person, or a disabled adult, sexual extortion is a second
degree felony. If the offender has previously been convicted of or pleaded guilty to two or more
times to sexual extortion or if the offender has previously been convicted of or pleaded guilty to
an offense involving sexual extortion of a person under age 18, an elderly person, or a disabled
adult and the offender knows or has reason to know that the person is under the age of 18, an
elderly person, or a disabled adult, sexual extortion is a first degree felony.6
Sexual extortion − exceptions
The bill prohibits a person from asserting a cause of action in any Ohio court against any
provider of an information service, interactive computer service, or telecommunications service
or against any agent, employee, or officer of such provider, for any injury, death, or loss to
person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s
provision of information, facilities, or assistance in accordance with the terms of a court order
that is issued in relation to the investigation or prosecution of sexual extortion.7 A provider of
4 R.C. 2137.15(G) and 1345.51, not in the bill.
5 R.C. 2905.11(D) and (E).
6 R.C. 2905.11(E).
7 R.C. 2905.11(G)(1).
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an information service, interactive computer service, or telecommunications service, or any
agent, employee, or officer of such provider, is immune from any civil or criminal liability for
injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s,
employee’s, or agent’s provision of information, facilities, assistance in accordance with a court
order issued in relation to the investigation or prosecution of sexual extortion.8
Under the bill, a person cannot be considered to have committed sexual extortion solely
by providing access or connection to or from an electronic method of remotely transferring
information not under the person’s control, including having provided capabilities that are
incidental to providing access or connection to or from the electronic method of remotely
transferring the information and that do not include the creation of the content of the material
that is the subject of the access or connection.9 Any person providing access or connection to or
from an electronic method of remotely transferring information not under the person’s control
is not liable for any action voluntarily taken in good faith to block the receipt or transmission
through its service of any information sent that the person believes is, or will be, considered as
sexual extortion.10
Under the bill, there is no affirmative duty for any person providing access or
connection to or from an electronic method of remotely transferring information not under
that person’s control to block the receipt or transmission through its service of any information
that it believes is, or will be sent, in violation of the prohibition against sexual extortion, except
as otherwise provided by law.11 A person who conspires with another person who is actively
involved in the creation or knowing distribution of material related to sexual extortion or who
knowingly advertises the availability of material of that nature is guilty of sexual extortion.12
Under the bill, a provider or user of an interactive computer service cannot be treated
as the publisher or speaker of any information provided by another information content
provider and cannot be held civilly or criminally liable for the creation or development of
information provided by another content provider.13 A person is not protected from liability to
the extent that the person developed or created any content that is considered to be sexual
extortion.14
The bill provides that a person cannot be convicted of an offense, and no child can be
adjudicated a delinquent child, for disseminating private images of that person or child to
8 R.C. 2905.11(G)(2).
9 R.C. 2905.11(H)(1)(a).
10 R.C. 2905.11(H)(1)(b).
11 R.C. 2905.11(H)(2).
12 R.C. 2905.11(H)(3).
13 R.C. 2905.11(H)(4)(a).
14 R.C. 2905.11(H)(4)(b).
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another person as a direct and proximate result of sexual extortion when the person or child
was a victim.15
Allied offenses of similar import
The bill provides that a prosecution for sexual extortion does not preclude a prosecution
for extortion. Under the bill, one or more acts, a series of acts, or a course of behavior that can
be prosecuted for sexual extortion or extortion may be prosecuted for sexual extortion,
extortion, or both violations. However, the bill provides that if an offender is convicted of or
pleads guilty to sexual extortion and is also convicted of or pleads guilty to extortion based on
the same conduct involving the same victim that was the basis of the sexual extortion, the two
offenses are allied offenses of similar import.16
Sentencing factors
Under the bill, a sentencing court must consider the following occurrences as factors
indicating that the offender’s conduct is more serious than conduct normally constituting the
offense:17
▪ The victim of the offense suffered serious physical, psychological, or economic harm,
including serious physical harm the victim caused to the victim’s self, as a result of the
offense.
▪ The victim died by suicide as a result of the offense.
Additional factors continuing from current law that the sentencing court is required to
consider as factors indicating that the offender’s conduct is more serious than conduct normally
constituting the offense include:18
▪ The physical or mental injury suffered by the victim of the offense due to the conduct of
the offender was exacerbated because of the physical or mental condition or age of the
victim.
▪ The offender held a public office or position of trust in the community, and the offense
related to that office or position.
▪ The offender’s occupation, elected office, or profession obliged the offender to prevent
the offense or bring others committing it to justice.
▪ The offender’s professional reputation or occupation, elected office, or profession was
used to facilitate the offense or is likely to influence the future conduct of others.
▪ The offender’s relationship with the victim facilitated the offense.
15 R.C. 2905.111.
16 R.C. 2905.11(F).
17 R.C. 2929.12(B)(2) and (3).
18 R.C. 2929.12(B)(1) and (4) to (10).
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▪ The offender committed the offense for hire or as a part of an organized criminal
activity.
▪ In committing the offense, the offender was motivated by prejudice based on race,
ethnic background, gender, sexual orientation, or religion.
▪ If the offense is a domestic violence offense, felonious assault, aggravated assault, or
assault involving a person who was a family or household member at the time of the
violation, the offender committed the offense in the vicinity of one or more children
who are not victims of the offense, and the offender or the victim of the offense is a
parent, guardian, custodian, or person in loco parentis of one or more of those children.
Electronic search warrants
The bill requires a provider of an electronic communication service or a provider of
remote computing service operating in Ohio to comply with any court-issued search warrant or
interception warrant issued for wire communications, electronic communications, an electronic
communications system, or other electronic storage or data storage, regardless of whether user
data is held at a location within Ohio or at a location in another state.19
A court may issue an order on a service provider that is a corporation or entity that is
incorporated or organized in Ohio, or a company or business entity doing business in Ohio
under a contract or terms of a service agreement with an Ohio resident. The service provider
m