Ohio House of Representatives Advance Reps. Brennan, Williams' Bipartisan Reform to Protect Children, Uphold Constitutional Rights

COLUMBUS— State Reps. Sean Patrick Brennan (D-Parma) and Josh Williams (R-Sylvania Twp.) today announced the Ohio House of Representatives’ passage of House Bill (HB) 168. The bipartisan bill would bring Ohio’s child enticement statute into compliance with constitutional standards while strengthening protections for children across the state.

In State v. Romage (2014), the Ohio Supreme Court ruled that the existing child enticement statute was overly broad and could lead to criminal charges for innocent, constitutionally protected behavior. HB 168 provides a clear and enforceable fix.

“We must protect our children from harm—but we also must ensure our laws are constitutional and targeted,” said Rep. Brennan. “House Bill 168 strikes that balance. It ensures that only those acting with harmful intent can be prosecuted while closing a dangerous enforcement gap for law enforcement and prosecutors.”

Key provisions of HB 168 include: 

• Narrowing the scope of the statute to apply only when a person entices a child with sexual motivation or an unlawful purpose;
• Increasing penalties for offenses with sexual motivation—from a first-degree misdemeanor to a fifth-degree felony, with enhancements up to a third-degree felony for repeat offenders with prior convictions for similar offenses;
• Clarifying what constitutes “unlawful purpose” in non-sexually motivated cases; and
• Prohibiting sentence “stacking” when prosecuted under multiple sections of the criminal code for the same act. 
• Law enforcement officials have expressed frustration with the current statute’s unenforceability, and this bill reflects their input. A previous version of the bill was introduced in the last General Assembly by former State Rep. Richard Dell’Aquila, whose work laid the foundation for the current legislation.

“We owe it to Ohio’s families to ensure our legal tools are both just and effective,” added Rep. Brennan. “I’m proud to have worked across the aisle to make this happen.”

HB 168 now heads to the Ohio Senate for consideration.