Ohio Code 2950.035 – Unlawful work with or supervision of minors
(A)(1) Regardless of whether the person committed the person’s sexually oriented offense or child-victim oriented offense prior to, on, or after the effective date of this section, no person who is in a restricted offender category shall do either of the following:
Terms Used In Ohio Code 2950.035
- Child-victim oriented offense: means any of the following violations or offenses committed by a person, regardless of the person's age, when the victim is under eighteen years of age and is not a child of the person who commits the violation:
(1) A violation of division (A)(1), (2), (3), or (5) of section 2905. See Ohio Code 2950.01
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Sexually oriented offense: means any of the following violations or offenses committed by a person, regardless of the person's age:
(1) A violation of section 2907. See Ohio Code 2950.01
(a) On or after the effective date of this section, commence service in a position as a volunteer with any person, group, or organization, in a capacity affording extensive contact with minor children;
(b) If the person was in the position prior to the effective date of this section, at any time after the expiration of ninety days after the effective date of this section, serve in a position as a volunteer with any person, group, or organization, in a capacity affording extensive contact with minor children.
(2) No person shall violate division (A)(1) of this section at any time after an injunction has been obtained against the person under division (B)(2) of this section with respect to a violation of division (A)(1) of this section.
(3) A violation of division (A)(1) of this section that is not also a violation of division (A)(2) of this section is subject to injunctive relief as described in division (B)(2) of this section. A violation of division (A)(2) of this section is a criminal offense and is subject to the penalties specified in section 2950.99 of the Revised Code.
(4) The application of division (A)(1) of this section to a person who committed the person’s sexually oriented offense or child-victim oriented offense prior to the effective date of this section is procedural and remedial, pertains to conduct of the person occurring on or after that date, and does not impose punishment on the person for the sexually oriented offense or child-victim oriented offense.
(B)(1) If a law enforcement agency, based on a report made to the agency by any person or based on its own investigation, finds that a person to whom division (A) of this section applies is violating that division, the agency shall report that finding to the prosecuting authority.
(2) A prosecuting authority, upon receipt of a report under division (B)(1) of this section, has a cause of action for injunctive relief against the person for the violation if the violation is of division (A)(1) of this section and may bring an action to obtain the injunctive relief. The plaintiff shall not be required to prove irreparable harm in order to obtain the relief. A prosecuting authority, upon receipt of a report under division (B)(1) of this section, may proceed with a criminal prosecution for the violation if the violation is of division (A)(2) of this section.
(C) As used in this section:
(1) “Capacity affording extensive contact with minor children” means any capacity in which a person would be working directly and in an unaccompanied setting with minor children on more than an incidental and occasional basis or would have supervision or disciplinary power over minor children.
(2) “Prosecuting authority” means the prosecuting attorney, village solicitor, city or township director of law, similar chief legal officer of a municipal corporation or township, or official designated as a prosecutor in a municipal corporation that has jurisdiction over the place at which a person serves in a position in violation of division (A)(1) or (2) of this section.
(3) “Working directly and in an unaccompanied setting” includes, but is not limited to, providing goods or services to minors.
Last updated February 27, 2023 at 10:58 AM