Ohio moves closer to creating ‘grooming’ offense

Violating the law would constitute a minimum of a second degree misdemeanor, which carries the potential for up to 90 days in jail. However, the punishment can increase in a variety of scenarios.

For example, if a victim is under 13 years of age, or if the offender used alcohol or drugs in the act, it would be a fifth degree felony.

The punishments increase, too, if the perpetrator is an adult who has a level of responsibility over the minor, such as a parent, coach, teacher, health professional or a member of the clergy. In such cases, minimum punishment would be a first degree misdemeanor (180 days in jail) that escalates to a felony if the offender had a known history of such behavior or drugs/alcohol were involved.

Rep. Bill Seitz, R-Cincinnati, who introduced the bill alongside his GOP colleague Rep. Cindy Abrams, also of Cincinnati, explained that the bill would give prosecutors another arrow in their quiver to pin criminal charges against adults who engage in inappropriate behavior with minors — and the Ohio Prosecuting Attorneys Association was happy to throw its weight in support of the bill.

“In my career as a prosecutor, I have dealt with many cases of child sexual abuse. Often it is too late to protect the child from abuse, only to protect them from more and to deal with the aftermath,” said Wood County Prosecutor Paul Dobson on behalf of the OPAA. “The painful irony is that, in the few cases which have come to me before actual sexual conduct has occurred, there is little I can do.”

Emily Gemar, director of policy with the Ohio Alliance to End Sexual Violence, told the House committee before its vote that she supports the general idea of the bill, but asked for it to be amended to provide absolute clarity on the types of interaction it would forbid.

Gemar testified that, in order for the bill’s impact to be aligned with its intent, it should clarify that the “sexual activity” referenced in the law is actually illegal sexual activity.

“Failing to do so could potentially open the doors for the language in this bill to be misconstrued to target those who do not have the purpose of sexually abusing children,” she wrote.

The bill was passed without amendment. It now sits in the House’s Rules and Reference Committee, which could bring the bill to the House floor for a full vote as early as Wednesday, April 10.