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 Passed by the House
Primary Sponsors: Reps. Lear and Lorenz
Effective date:
Ashley F. Dean, Attorney
SUMMARY
Braden’s Law
▪ Names the bill 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.
Denial of claim or reduction of award of reparations
▪ Provides that a claim for reparations based on criminally injurious conduct that occurred
but was denied, cannot be barred and provides that a claimant is eligible to reapply for
relief until more than five years have passed since the criminally injurious conduct
occurred.
▪ Provides that an award to a claimant whose claim is based on the claimant being a
victim of aggravated sexual extortion is not prohibited if the claimant was less than 18
years of age when the criminally injurious conduct occurred.
▪ Defines “aggravated sexual extortion” and modifies the definitions of “criminally
injurious conduct,” “family member,” “immediate family member,” and “victim” for
purposes of the Reparations Law.
Extortion
Aggravated sexual extortion and sexual extortion
▪ Creates the offenses of aggravated sexual extortion and sexual extortion.
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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
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.
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 aggravated
sexual extortion and sexual extortion.
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Technical change
▪ Makes necessary cross-reference changes.
DETAILED ANALYSIS
Braden’s law
The bill names the act “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 guardian 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;
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
Denial of claim or reduction of award of reparations
Under existing law, a claim for a reparations award must be commenced by filing an
application for a reparations award with the Attorney General. Generally, all applications for a
reparations award may be filed at any time within three years after the criminal injurious
conduct occurred.5 The Attorney General or the Court of Claims cannot make or order an award
1 Section 3.
2 R.C. 2137.15(A).
3 R.C. 2137.15(F).
4 R.C. 2137.15(G) and 1345.51, not in the bill.
5 R.C. 2743.56.
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of reparations to a claimant if the claim is based on criminal injurious conduct that occurred
more than three years before the claim was filed for if the claim was denied under the law as it
existed prior to March 2, 2022.6
Under the bill, if the claim for reparations is based on criminally injurious conduct that
occurred prior to the effective date of the bill and was denied, the claim is not barred and the
claimant is eligible to reapply for relief until more than five years have passed since the
criminally injurious conduct that gave rise to the claim.7 The bill also provides that an award to
a claimant whose claim is based on the claimant being a victim of aggravated sexual extortion is
not prohibited if the claimant was less than 18 years of age when the criminally injurious
conduct occurred.8
The bill defines “aggravated sexual extortion,” for purposes of the Reparations Law, as
follows:9
▪ The activity involves the release, exhibition, distribution, or threatened release,
exhibition, or distribution of the private images of another person for any of the
following purposes:
 To compel or attempt to compel another person, against that person’s will, to
perform any act or refrain from performing any act;
 To induce the other person to commit a criminal offense;
 To obtain additional private images from the other person;
 To obtain anything of value from the other person.
▪ The target of the activity was age 18 or younger at the time of the activity.
The bill also modifies the following definitions for purposes of the Reparations Law:10
“Criminally injurious conduct” is expanded to include aggravated sexual extortion
within or outside of the United States that results in the death of the targeted person.
“Victim” is expanded to include the following:
1. A person who is an immediate family member of a victim of criminally injurious conduct
that consists of aggravated sexual extortion who requires psychiatric care or counseling
as a result of the conduct.
6 R.C. 2743.60(A)(2)(a).
7 R.C. 2743.60(A)(2)(d).
8 R.C. 2743.60(J).
9 R.C. 2743.51(T).
10 R.C. 2743.51(C), (L), (X), and (Y).
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2. A person who suffers trauma so severe that it impedes or prohibits a person from
participating in normal daily activities and who is a family member of a victim of
criminally injurious conduct that consists of aggravated sexual extortion.
“Immediate family member” is expanded to include an individual who resided in the
same permanent household as a target of aggravated sexual extortion at the time of the
criminally injurious conduct and who is related to the victim by affinity or consanguinity.
“Family member” is expanded to include an individual who is related to a target of
aggravated sexual extortion by affinity or consanguinity.
Extortion
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:11
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.
The bill provides that if a victim of a violation of the prohibition against sexual extortion
commits suicide or causes serious physical harm to the victim’s self within 14 days of the
violation, there is a rebuttable presumption that the victim’s death or serious physical harm
was a result of the offender’s violation of the prohibition against sexual extortion.12
Generally, sexual extortion is a third degree felony. If the offender previously has been
convicted of or pleaded guilty to a violation of the prohibition against 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 violations of the prohibition against 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.13
11 R.C. 2905.11(D)(1) and (E).
12 R.C. 2905.11(D)(2).
13 R.C. 2905.11(E)(1).
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Aggravated sexual extortion
The bill provides that whoever commits the offense of sexual extortion in a manner that
results in serious harm to a victim or results in the victim’s death is guilty of aggravated sexual
extortion.
Generally, aggravated sexual extortion is a third degree felony and, in addition to any
other prison term imposed for the offense, the court may impose an additional prison term of
up to ten years. If the offender has previously been convicted of or pleaded guilty to a violation
of the prohibition against sexual extortion, aggravated sexual extortion is a second degree
felony and, in addition to any other prison term imposed for the offense, the court may impose
an additional prison term of up to ten years. If the offender has previously been convicted of or
pleaded guilty to two or more violations of the prohibition against sexual extortion or if the
offense involves 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, aggravated sexual extortion is a first degree felony and, in
addition to any other prison term imposed for the offense, the court may impose an additional
prison term of up to ten years.14
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 arose 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 was issued in relation to the investigation or prosecution of sexual extortion.15 A provider
of 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.16
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.17 Any person providing access or connection to
14 R.C. 2905.11(E)(2).
15 R.C. 2905.11(G)(1).
16 R.C. 2905.11(G)(2).
17 R.C. 2905.11(H)(1)(a).
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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.18
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.19 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.20
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