From the Statehouse 2008 No. 26
by Jennifer Garrison
Aug. 2, 2008
From the Statehouse: August 1, 2008
As I travel around our district this summer, I am reminded about the impact our work at the Statehouse has on every community. Lawmakers in the Ohio House of Representatives passed several important pieces of legislation this spring, accomplishing many goals to improve your quality of life. This column will serve to update you on some of those bills. This week, I want to highlight three bills designed to protect children from sex criminals.
Current law allows adults in certain professions of power, influence, and trust who engage in sexual conduct with minors to be charged with “sexual battery.” Teachers, counselors, and priests are included in this group because they are specifically entrusted with children’s welfare and carry distinct authority over children. However, peace officers are not covered by this same higher standard, so if a peace officer has sexual relations with a minor, he/she would face a lesser charge.
House Bill 209 changes Ohio law to include peace officers in that category to face possible “sexual battery” charges for sexual conduct with a minor. The penalty would be a third-degree felony if the child is at least 13 years old and a second-degree felony if the child is under 13.
I voted “yes” on this bill. House Bill 209 will prevent future sex crimes against children, especially where the perpetrator is an authority figure who is trusted to care for a child’s best interests. The Senate is now considering the bill.
Substitute House Bill 74 increases the penalty for offenders who for their own sexual gratification spy or eavesdrop on a minor who is in a state of nudity. Current law says that certain offenders – including parents, guardians, teachers and school administrators, day-care workers, coaches and babysitters – face a fifth-degree felony if they secretly videotape or photograph a minor in a state of nudity. This bill adds the “spy or eavesdrop” language and changes the penalty to a fourth-degree felony, regardless of the offender’s relationship to the minor.
Increasing penalties alone will not deter all offenders, but we need to clarify the law to try and protect children from any form of sexual abuse. I strongly supported House Bill 74 by voting “yes.” The bill, which passed the House unanimously, now awaits consideration in the Senate.
A third piece of legislation, House Bill 111, expands the legal definition of a “neglected child” to include a child whose parent, guardian or custodian knowingly allows an adult sex offender to reside in the same residence as the child.
I supported this important child protection measure with my “yes” vote. House Bill 111, with the unanimous support of the House, now awaits consideration in the Senate.
You can reach Jennifer Garrison at her Columbus office at (614) 644-8728, in the district at 373-2414 or by e-mail at jennifer@jennifergarrison.com. Her website is Riffe Center | 77 South High Street | Columbus Ohio 43215-6111 | (800) 282-0253 | District93@ohr.state.oh.us
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