Current as of January 01, 2020 | Updated by FindLaw Staff
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(A) No person shall knowingly recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain, or knowingly attempt to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain, another person if any of the following applies:
(1) 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 obscene, sexually oriented, or nudity oriented, or be a model or participant in the production of material that is obscene, sexually oriented, or nudity oriented.
(2) The other person is less than sixteen years of age or is a person with a developmental disability whom the offender knows or has reasonable cause to believe is a person with a developmental disability, and either the offender knows that the other person will be subjected to involuntary servitude or the offender's knowing recruitment, luring, enticement, isolation, harboring, transportation, provision, obtaining, or maintenance of the other person or knowing attempt to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain the other person is for any of the following purposes:
(a) To engage in sexual activity for hire;
(b) To engage in a performance for hire that is obscene, sexually oriented, or nudity oriented;
(c) To be a model or participant for hire in the production of material that is obscene, sexually oriented, or nudity oriented.
(3) The other person is sixteen or seventeen years of age, either the offender knows that the other person will be subjected to involuntary servitude or the offender's knowing recruitment, luring, enticement, isolation, harboring, transportation, provision, obtaining, or maintenance of the other person or knowing attempt to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain the other person is for any purpose described in divisions (A)(2)(a) to (c) of this section, and the circumstances described in division (A)(5), (6), (7), (8), (9), (10), (11), (12), or (13) of section 2907.03 of the Revised Code apply with respect to the offender and the other person.
(B) For a prosecution under division (A)(1) of this section, the element “compelled” does not require that the compulsion be openly displayed or physically exerted. The element “compelled” has been established if the state proves that the victim's will was overcome by force, fear, duress, intimidation, or fraud.
(C) In a prosecution under this section, proof that the defendant engaged in sexual activity with any person, or solicited sexual activity with any person, whether or not for hire, without more, does not constitute a violation of this section.
(D) A prosecution for a violation of this section does not preclude a prosecution of a violation of any other section of the Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under this section or any other section of the Revised Code may be prosecuted under this section, the other section of the Revised Code, or both sections. However, if an offender is convicted of or pleads guilty to a violation of this section and also is convicted of or pleads guilty to a violation of section 2907.21 of the Revised Code based on the same conduct involving the same victim that was the basis of the violation of this section, or is convicted of or pleads guilty to any other violation of Chapter 2907. of the Revised Code based on the same conduct involving the same victim that was the basis of the violation of this section, the two offenses are allied offenses of similar import under section 2941.25 of the Revised Code.
(E) Whoever violates this section is guilty of trafficking in persons, a felony of the first degree. For a violation committed prior to the effective date of this amendment, notwithstanding the range of definite terms set forth in division (A)(1)(b) of section 2929.14 of the Revised Code, the court shall sentence the offender to a definite prison term of ten, eleven, twelve, thirteen, fourteen, or fifteen years. For a violation committed on or after the effective date of this amendment, notwithstanding the range of minimum terms set forth in division (A)(1)(a) of section 2929.14 of the Revised Code, the court shall sentence the offender to an indefinite prison term pursuant to that division, with a minimum term under that sentence of ten, eleven, twelve, thirteen, fourteen, or fifteen years.
(F) As used in this section:
(1) “Person with a developmental disability” means a person whose ability to resist or consent to an act is substantially impaired because of a mental or physical condition or because of advanced age.
(2) “Sexual activity for hire,” “performance for hire,” and “model or participant for hire” mean an implicit or explicit agreement to provide sexual activity, engage in an obscene, sexually oriented, or nudity oriented performance, or be a model or participant in the production of obscene, sexually oriented, or nudity oriented material, whichever is applicable, in exchange for anything of value paid to any of the following:
(a) The person engaging in such sexual activity, performance, or modeling or participation;
(b) Any person who recruits, lures, entices, isolates, harbors, transports, provides, obtains, or maintains, or attempts to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain the person described in division (F)(2)(a) of this section;
(c) Any person associated with a person described in division (F)(2)(a) or (b) of this section.
(3) “Material that is obscene, sexually oriented, or nudity oriented” and “performance that is obscene, sexually oriented, or nudity oriented” have the same meanings as in section 2929.01 of the Revised Code.
Cite this article: FindLaw.com - Ohio Revised Code Title XXIX. Crimes Procedure § 2905.32 - last updated January 01, 2020 | https://codes.findlaw.com/oh/title-xxix-crimes-procedure/oh-rev-code-sect-2905-32.html
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