Importuning
Importuning commonly refers to persistently requesting or demanding something. While the term often applies to soliciting prostitution, the crime of importuning in Ohio applies to alleged offenders who solicit people less than 13 years of age to engage in sexual activity.
Importuning is a felony offense in Ohio, and many alleged crimes are committed in online settings. Convictions not only carry possible prison sentences and fines, but can also require individuals to register as sex offenders.
Lawyer for Importuning Arrests in Dayton, OH
Were you arrested in the Miami Valley area for an alleged importuning offense? You should refuse to say anything to authorities until you have legal representation. Contact Joslyn Law Firm as soon as possible.
Brian Joslyn is an experienced criminal defense attorney in Dayton who represents clients accused of sex crimes in Greene County, Clark County, Miami County, and Montgomery County. He can provide a complete evaluation of your case as soon as you call (937) 356-3969 now to schedule a free initial consultation.
Overview of Importuning Crimes in Ohio
- When can a person be charged with importuning?
- How long can alleged offenders be sentenced to prison if convicted?
- Where can I learn more about importuning in Dayton?
Importuning Charges in Montgomery County
Ohio Revised Code § 2913.01(X) defines telecommunication as “the origination, emission, dissemination, transmission, or reception of data, images, signals, sounds, or other intelligence or equivalence of intelligence of any nature over any communications system by any method, including, but not limited to, a fiber optic, electronic, magnetic, optical, digital, or analog method.” A telecommunications device is defined under Ohio Revised Code § 2913.01(Y) as “any instrument, equipment, machine, or other device that facilitates telecommunication, including, but not limited to, a computer, computer network, computer chip, computer circuit, scanner, telephone, cellular telephone, pager, personal communications device, transponder, receiver, radio, modem, or device that enables the use of a modem.”
Under Ohio Revised Code § 2907.07, a first offense is a third-degree felony if an alleged offender solicits a person who is less than 13 years of age to engage in sexual activity with the alleged offender, whether or not the alleged offender knows the age of such person, or solicits another person by means of a telecommunications device to engage in sexual activity with the alleged offender when the alleged offender is 18 years of age or older and either of the following applies:
- The other person is less than 13 years of age, and the alleged offender knows that the other person is less than 13 years of age or is reckless in that regard; or
- The other person is a law enforcement officer posing as a person who is less than 13 years of age, and the alleged offender believes that the other person is less than 13 years of age or is reckless in that regard.
If an alleged offender has been previously convicted of a sexually oriented offense or a child-victim oriented offense, any of the violations of Ohio Revised Code § 2907.07(A) or Ohio Revised Code § 2907.07(C) listed above is a second-degree felony.
Importuning is a fifth-degree felony if an alleged offender:
- Solicits another person who is not the spouse of the alleged offender to engage in sexual conduct with the alleged offender, when the alleged offender is 18 years of age or older and four or more years older than the other person, and the other person is 13 years of age or older but less than 16 years of age, whether or not the alleged offender knows the age of the other person;
- Solicits another person who is not the spouse of the alleged offender to engage in sexual conduct with the alleged offender, when the alleged offender is 18 years of age or older and four or more years older than the other person, the other person is 16 or 17 years of age and a victim of a trafficking in persons violation, and the alleged offender knows or has reckless disregard of the age of the other person; or
- Solicits another person by means of a telecommunications device to engage in sexual activity with the alleged offender when the alleged offender is 18 years of age or older and either the other person is 13 years of age or older but less than 16 years of age, the alleged offender knows that the other person is 13 years of age or older but less than 16 years of age or is reckless in that regard, and the alleged offender is four or more years older than the other person; or the other person is a law enforcement officer posing as a person who is 13 years of age or older but less than 16 years of age, the alleged offender believes that the other person is 13 years of age or older but less than 16 years of age or is reckless in that regard, and the alleged offender is four or more years older than the age the law enforcement officer assumes in posing as the person who is 13 years of age or older but less than 16 years of age.
If an alleged offender has been previously convicted of a sexually oriented offense or a child-victim oriented offense, any of the violations of Ohio Revised Code § 2907.07(B) or Ohio Revised Code § 2907.07(D) listed above is a fourth-degree felony.
Dayton Importuning Penalties
Third-degree felony violations of Ohio Revised Code § 2907.07(A) or Ohio Revised Code § 2907.07(C) are punishable by up to 60 months in prison and/or fines of up to $10,000 and involve a presumption for a prison term in accordance with Ohio Revised Code § 2929.13(D). Second-degree felony violations of these sections are punishable by up to eight years in prison and/or fine of up to $15,000 and involve mandatory prison terms.
Fifth-degree felony violations of Ohio Revised Code § 2907.07(B) or Ohio Revised Code § 2907.07(D) are punishable by up to 12 months in prison and/or fines of up to $2,500 and involve a presumption for a prison term in accordance with Ohio Revised Code § 2929.13(D). Fourth-degree felony violations of these sections are punishable by up to 18 months in prison and/or fine of up to $5,000 and involve mandatory prison terms of at least 12 months.
Ohio Resources for Importuning Offenses
State v. Page, 2011-Ohio-83 — On January 10, 2005, Willie Page was convicted of importuning and was subsequently labeled a sexual predator under Ohio’s Megan’s Law, which, at the time, detailed the classification, registration, and notification requirements of convicted sex offenders. On August 2, 2006, Page was convicted under Megan’s Law of failing to register as a sex offender and sentenced to one year in prison. After Ohio’s Adam Walsh Act (“AWA”) went into effect on January 1, 2008, repealing Megan’s Law and altering the classification, registration, and notification scheme of convicted sex offenders, David was indicted under the AWA for failing to verify his address as a sex offender. Page pled no contest to failure to verify address and the court sentenced defendant to the mandatory minimum of three years in prison. The Eighth District Court of Appeals reversed and vacated Page’s conviction after sustaining Page’s assignment of error that the trial court’s sentencing according to Ohio Revised Code § 2950.99 as effective at the time of sentencing violated his constitutional rights as it violates the ex post facto clause of the United States Constitution.
State v. Fowler, 2014-Ohio-5687 — David Fowler was indicted on four counts of importuning with a furthermore clause attached to each count stating that he had previously been convicted of a sexually-oriented offense or child-victim-oriented offense. Fowler pleaded no contest to the indictment as charged and the trial court accepted his plea, finding him guilty and sentencing him to a one-year prison term on each count of importuning and ordering that the counts be served consecutive to each other. On December 24, 2014, the Eighth District Court of Appeals found merit to Fowler’s assignments of error that the trial court erred by imposing consecutive sentences which are contrary to law and by ordering appellant to pay costs, and the court vacated his sentence and remanded the case for resentencing.
Joslyn Law Firm | Dayton Importuning Defense Attorney
If you were arrested for an alleged importuning crime anywhere in Montgomery County, it is in your best interest to immediately retain legal counsel. Joslyn Law Firm defends individuals all over the Miami Valley area, including Kettering, Piqua, Springfield, Troy, Beavercreek, Dayton, Fairborn, Huber Heights, and several other nearby communities.
Dayton criminal defense lawyer Brian Joslyn will fight to protect your rights and help you achieve the most favorable outcome to your case resulting in the fewest possible penalties. Call (937) 356-3969 or submit an online contact form to have our attorney review your case and answer all of your legal questions during a free initial consultation.
