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OH HB53

Bill

Status

Introduced

1/26/2011

Primary Sponsor

Danny Bubp

Click for details

Origin

House of Representatives

129th General Assembly (2011-2012)

AI Summary

  • Creates new offense of "illegal use of a telecommunications device involving a minor in a state of nudity" prohibiting minors from knowingly creating, receiving, exchanging, sending, or possessing nude images of minors via telecommunications devices or other means.

  • First offense results in minor being adjudged an unruly child with appropriate disposition under Chapter 2151 of the Revised Code; second or subsequent offense is a delinquent act equivalent to a first degree misdemeanor if committed by an adult.

  • Provides exemptions for materials created for bona fide artistic, medical, scientific, educational, religious, governmental, or judicial purposes; materials depicting minors under 13; materials depicting sexual activity or sado-masochistic abuse; and materials sent for pecuniary gain.

  • Clarifies that it is not a defense that the minor depicted in the image is themselves, and violation does not require sex offender registration under Chapter 2950.

  • Amends definitions of "unruly child" and "delinquent child" to include violations of the new telecommunications offense on first and subsequent offenses respectively.

Legislative Description

To prohibit a minor, by use of a telecommunications device or other means, from knowingly creating, receiving, exchanging, sending, or possessing a photograph or other material showing a minor in a state of nudity.

Telecommunications device-prohibit minor using to show a nude minor

Last Action

To Criminal Justice

1/26/2011

Full Bill Text

No bill text available