free consultation
Phone (513) 317-5987

Importuning

Importuning refers to the solicitation of sexual favors. Legally, however, importuning refers to the solicitation of sexual favors from a minor. Importuning an adult is generally considered sexual harassment, rather than the legally distinct term under Ohio statute. The scary thing about importuning is that charges for the crime often rely entirely on hearsay. One can be charged with Importuning in Ohio even if no actual child is involved.

Even worse, penalties for importuning are felony and include mandatory sex offender registration for at least 15 years. This registration applies even to first-time offenders.

Cincinnati Attorney for Importuning Charges

Importuning charges can arise from seemingly simple actions, and most often from misunderstandings. If you have been accused of importuning a child by law enforcement or a parent, you should immediately consult a criminal defense lawyer. Do not talk to the police without representation.

The Wieczorek Law Firm, LLC is led by a former Ohio prosecuting attorney with over 16 years of experience in criminal defense, including sexual crimes.  Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.

Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our online contact form.

Overview of Importuning in Ohio

Back to top

Importuning under Ohio Law

Importuning Involving Victims Under 13

Under Ohio Revised Code Section 2907.07(A), it is illegal for anyone to solicit a child under the age of 13 for sexual activity, irrespective of whether the accused knew the child’s actual age. This offense is classified as a third-degree felony for first-time offenders, carrying a presumption of a prison sentence. If the defendant arranged a meeting to engage in sexual activity, the court imposes a mandatory prison term. Repeat offenders face even harsher penalties, with a mandatory minimum sentence for second-degree felonies and enhanced registration requirements as sex offenders.

Importuning Involving Teenagers Aged 13-15

Ohio law also criminalizes the solicitation of individuals aged 13 to 15 under Section 2907.07(B). For an offense to qualify, the accused must be at least 18 years old and four or more years older than the victim. First-time violations of this provision are fifth-degree felonies, punishable by prison time. However, if the offender is 10 or more years older or arranged a meeting, mandatory prison terms apply. Repeat offenses are elevated to fourth-degree felonies with stricter penalties, including longer mandatory prison sentences.

Solicitation Via Telecommunications Devices

Sections 2907.07(D) and (E) address solicitation through telecommunications devices. For example, it is illegal for someone aged 18 or older to solicit a person under 13 or a law enforcement officer posing as a minor. Similarly, soliciting a person aged 13 to 15 using telecommunications devices is prohibited if the offender is at least four years older. These offenses are third-degree or fifth-degree felonies based on the victim’s age and the circumstances, with mandatory penalties for arranged meetings or offenders with significant age differences.

Back to top

Prosecutor’s Burden of Proof

In order to successfully convict a person of importuning, the prosecuting attorney must meet key elements under Ohio Revised Code Section 2907.07. These elements include:

  • Solicitation: The jury will evaluate whether the defendant actively encouraged, requested, or demanded sexual activity from the alleged victim. This is a central component of the offense. This is also where the term “entrapment” comes from – if law enforcement coerced or convinced a person who would otherwise not have engaged in such activity, then there are usually grounds to move for a dismissal of charges.
  • Victim’s Age: The prosecution must prove the victim’s age, which determines the degree of the charge. If the victim is under 13 or falls into another protected age group such as mental or serious physical disability as defined by the law, this significantly impacts the case.
  • Offender’s Knowledge or Recklessness: The jury considers whether the defendant knew or recklessly disregarded the victim’s age. This includes situations where the defendant believed they were communicating with a minor, even if the individual was actually a law enforcement officer.
  • Intent: Evidence must show that the defendant’s actions were intentional and aimed at engaging in sexual activity with the victim.

Back to top

Penalties for Importuning a Juvenile

The penalties for importuning a juvenile depend generally on the age of the juvenile and the age of the supposed offender. The term “definite sentence” appears in this section: this term refers to specific sentencing blocks – in other words, an attorney may be able to negotiate a charge from 4 to 2 years, but those years must be served, and are ineligible for parole.

One of the following conditions are required for a Third-Degree Felony:

  • The victim is 13 years or younger;
  • The victim is less than 16 years of age and is substantially impaired by a mental or physical condition;
  • The offender, who is 18 or older used a telephone to solicit a person illegally

Third-Degree felonies are punishable by a base 9 months to 3 years in prison. However, if the person described above also arranged to meet with the minor in addition to simple solicitation, they must serve a definite sentence of nine months, one year, two years, one and a half years, or three years.

If the offender has a prior child-victim or sexually oriented offense, then the charge becomes one of the second-degree. Second-degree felonies are punishable by 2 – 8 years in prison. However, due to the nature of the crime, offenders instead face a definite sentence of two, three, four, five, six, seven, or eight years.

Importuning is charged as a fifth-degree felony if the following apply:

  • The offender is 18 years of age or older and more than four years older than the victim, with the presumption that the victim is between the ages of 14 and 16;
  • The solicitation of a person between 14 and 15 years of age (inclusive) and the offender is more than four years the victim’s senior;
  • A) The solicitation occurred via telephone, b) and the victim was a law enforcement officer posing as a person between the ages of 13 and 16 (non-inclusive), c) the offender knew, or did not care, that the victim was between the ages of 13 and 16, and d) the offender was four years the victim’s senior

Back to top

Unique Restrictions for Parole

Under Ohio Revised Code Section 2907.07, violations of subsections (A), (C), and (D) generally carry a presumption of prison time, leaving little room for probationary alternatives. Furthermore, offenders convicted of second-degree felonies or those with prior sexually oriented offense convictions are excluded from probation eligibility.

While lower-degree felonies might allow for limited probation in certain circumstances, the mandatory sex offender registration requirement remains a significant consequence, even for those who qualify for alternatives to incarceration.

Back to top

Examples of Importuning Charges in Ohio

Examples of Importuning charges in Ohio illustrate how the law applies in real-world situations:

  • Soliciting an Actual Minor Under 13: A 25-year-old adult communicates with a 12-year-old child, asking them to engage in sexual activity. Whether this occurs in person or via text messages, this constitutes a violation of Ohio Revised Code Section 2907.07(A).
  • Soliciting a Teenager Aged 13-15: A 19-year-old adult sends inappropriate messages to a 14-year-old acquaintance, attempting to arrange a meeting for sexual conduct. If the adult is at least four years older than the teen, this falls under Ohio Revised Code Section 2907.07(B)(1).
  • Law Enforcement Sting Operations: A law enforcement officer pretends to be a 12-year-old child online. A 30-year-old adult begins a conversation and solicits sexual activity. This scenario is covered under Ohio Revised Code Section 2907.07(D)(2).
  • Solicitation of a Vulnerable Teen: An adult solicits a 15-year-old who is mentally impaired due to a condition. This offense is addressed in Ohio Revised Code Section 2907.07(C).

Back to top

Frequently Asked Questions

  1. What does “importuning” mean under Ohio law?
    Importuning refers to soliciting another person, often a minor, for sexual activity, either in person or through telecommunications devices.
  2. Can someone be charged with Importuning if the other person wasn’t an actual minor?
    Yes. The law applies if the defendant believed they were communicating with a minor, including law enforcement officers posing as minors.
  3. Is ignorance of the victim’s age a valid defense?
    Generally, no. Ohio law holds defendants accountable if they knew or recklessly disregarded the victim’s age. However, the law becomes more lenient if the victim was between the ages of 15 and 16.
  4. Can a conviction for Importuning be expunged from a criminal record?
    Sex offenses like Importuning are typically not eligible for expungement in Ohio.
  5. How long must someone register as a sex offender if convicted of Importuning?
    Depending on the offense, the registration requirement is typically 15 years but may increase for repeat offenders.
  6. What happens if no physical meeting occurred?
    A solicitation alone is sufficient to be charged. Arranging a meeting can lead to more severe penalties.
  7. Can someone be charged for an online conversation?
    Yes. Soliciting via text, email, or other telecommunications devices is explicitly addressed in the law.

Back to top

Additional Resources

Back to top

Hire a Lawyer for Importuning in Hamilton County, OH

If you or someone you know has been accused of, or charged with, importuning in Cincinnati, contact The Wieczorek Law Firm, LLC today. The Wieczorek Law Firm, LLC represents clients in Southern Ohio, including the cities of Cincinnati, Columbus, Akron, Dayton, Toledo and South Point.

Mark Wieczorek can be reached at (513) 317-5987 or by filling out an online contact form.

Back to top