HB 439 Summary

• Expands voyeurism laws to include impaired persons as victims, with violations involving impaired persons classified as a fifth-degree felony instead of lower misdemeanor penalties.

• Adds impaired persons to pandering obscenity involving a minor (Section 2907.321) and pandering sexually oriented matter involving a minor (Section 2907.322), with same felony penalties as offenses involving minors.

• Adds impaired persons to illegal use of a minor in nudity-oriented material or performance (Section 2907.323), making violations involving impaired persons subject to second-degree felony penalties for creating or distributing such material.

• Defines "impaired person" as someone whose ability to resist or consent is substantially impaired due to mental or physical condition or advanced age, when the offender knows or reasonably should know of the impairment.

• Modifies Section 2929.13 sentencing provisions to apply same penalties and mandatory prison terms for sex offenses involving impaired persons as those involving minors.