Braden's Law Approved by Both Chambers
COLUMBUS- Braden’s Law State sponsored legislation by Representatives Beth Lear (R-Galena) and Brian Lorenz (R-Powell) will head to the governor to be signed into law after the Ohio Senate and House unanimously approved of House Bill 531 in the last session of the 135th General Assembly Wednesday.
The bill, named after Braden Markus, an Olentangy High School student, will create the criminal offense of sextortion after Markus was coerced into exchanging inappropriate photos with a “girl” online. Markus complied with the initial request, the perpetrator then demanded $1,800 and threatened to release the photo on social media. Markus did not send the money and took his own life because of the extortion demand.
“My constituents are like family to me,” said Lorenz. “When I legislate, I approach it as if I’m making decisions for my own family. Braden’s Law is no different. My goal is to ensure what happened to Braden never happens to another Ohio family. I’m proud of the solid legislation we crafted, and I am honored my colleagues in both chambers saw the importance of this bill. I will continue to stand with the Marcus family and fight for Braden’s legacy.”
The offense of sextortion applies to anyone who threatens to release, exhibit, or distribute private images of another for financial gain. The penalty for this crime begins as a third-degree felony. If the person being extorted is a minor, elderly, or disabled, the penalty rises to first-degree felony. This includes compelling individuals to perform acts against their will, inducing them to commit offenses, obtaining additional private images or anything of value through coercion.
Additionally, Braden's Law will require courts to conduct an expedited review of a request for digital access to a device made by a parent or guardian of a deceased minor. It also absolves a cell phone carrier of liability, allowing them prompt cooperation with families of victims.
“House Bill 531 represents a critical step forward in our efforts to combat sextortion and protect our citizens, especially the most vulnerable," said Lear. "I appreciate my colleagues for passing Braden's Law. We need this legislation in Ohio to protect our children, disabled, and elderly from this heinous crime."
Braden’s Law will now head to the Governor for his consideration.