Rep. Dell'Aquila Announces Legislation to Amend Ohio Revised Code and Protect Ohio's Children
State Rep. Dell’Aquila (D-Seven Hills) announced that on Wednesday, March 29, 2023, he introduced legislation to amend Ohio Revised Code Section 2905.05, Ohio’s Criminal Child Enticement statute. This amendment is necessary to ensure the protection and safety of Ohio’s children from child predators.
“Our law enforcement personnel and the judicial system as a whole are constantly working to protect children from abusive adults. Parents must also be ever vigilant and instruct their children about the danger of possible predators, to avoid situations that can cause them to be victimized, to report any adult contact, and to monitor their activities,” said Rep. Dell’Aquila. “It is also important that effective law enforcement tools are in place to deter and prosecute violations. This amendment will assure that Ohio continues to do all we can to keep our children safe within constitutional guidelines.”
This code section has remained on the books despite being declared unconstitutional in 2014 in State v. Romage, wherein the Ohio Supreme Court held it was unconstitutionally overbroad due to the amount of otherwise constitutionally protected conduct which would be prohibited under the code section as written. This has resulted in uncertainty among law enforcement as well as the courts and prosecutors enforcing the statute.
The Protect Ohio’s Children Act would amend Revised Code to narrow the scope of prohibited acts constituting Criminal Child Enticement and set clear standards for courts and law enforcement to pursue charges in protecting Ohio’s children and the safety of our communities within constitutional boundaries.