An importuning charge is an accusation of soliciting a minor, or someone believed to be a minor, for sexual activity or sexual conduct prohibited by Ohio law. No sexual act has to occur, and no meeting has to actually take place for a defendant to be charged and convicted.
Which section of the law applies and how serious the charges and consequences may be depend on factors such as age, the age difference between the parties, the method of communication, whether a meeting was arranged, and prior convictions.
What Specific Conduct Can Lead to an Importuning Charge?
Ohio’s importuning statute covers a range of scenarios, and the elements the prosecutor must prove vary from case to case.
Conduct that can lead to an importuning charge includes:
- Soliciting a child under 13 to engage in sexual activity
- An adult 18 or older soliciting someone who is 13 to 15 years old for sexual conduct when the adult is four years older or more
- An adult 18 or older soliciting a 16- or 17-year-old trafficking victim for sexual conduct when the required age difference and mental-state elements are met
- Soliciting a person under 16 who is substantially impaired by a mental or physical condition
- Using a telecommunications device to solicit a child under 13 or an undercover officer posing as a child under 13 when the statute’s age and mental-state requirements are met
- Using a telecommunications device to solicit someone who is 13 to 15 years old, or an undercover officer posing as someone in that age range, when the required age and age-gap elements are met
The law applies when the communication either originates in Ohio or is received in Ohio, which means someone who does not live in Ohio could still face Ohio charges based on messages sent to someone in the state.
Can You Be Charged If the “Minor” Was Actually an Undercover Officer?
Yes, in certain cases. Ohio’s statute expressly covers electronic solicitation involving law enforcement officers posing as children under 13 or, under different statutory requirements, as someone between 13 and 15 years old. In these cases, the prosecution does not need to prove that an actual minor was involved.
These cases may involve sting operations conducted through social media, messaging apps, or dating platforms. What matters is the particular subsection charged and what the state can prove about the communications, the claimed age, and the accused person’s state of mind.
Does the Prosecutor Have to Prove You Knew the Person’s Age?
It depends on which part of the statute you’re charged under. For some forms of importuning, Ohio law says the offense applies whether or not the defendant knew the person’s actual age, which means claiming you did not know is not a defense to those subsections.
Other subsections require the state to prove the accused knew, believed, or was reckless about the person’s actual or claimed age. In undercover cases, the issue may turn on what age the officer claimed to be and what was said in the messages.
What Evidence Is Common in an Importuning Case?
In electronic importuning cases, records of communication often become central evidence.
Common evidence can include:
- Chat logs and message histories from social media, messaging apps, and dating platforms
- Screenshots and account data
- Evidence from phones, computers, and tablets
- Records from social media platforms and providers showing IP addresses or account activity
- Statements to police
- Evidence that a meeting was going to take place or did take place
A defense attorney can review the full message history, account records, device data, and police conduct to determine whether the evidence supports the charge and whether any part of the state’s case can be challenged.
What Are the Penalties for Importuning in Ohio?
The penalties for importuning in Ohio depend on the type of conduct involved and whether the person has prior qualifying offenses. A first importuning offense is generally either a third- or fifth-degree felony, depending on the subsection charged.
First-time violations of certain provisions, including solicitation involving a child under 13, a substantially impaired child under 16, and certain electronic solicitation offenses, are third-degree felonies with a presumption in favor of prison. If prison is imposed, the term generally ranges from nine to 36 months, and the maximum fine is $10,000. In some cases, arranging a meeting for sexual activity makes prison mandatory.
Other first offenses are fifth-degree felonies with a presumption in favor of prison. If prison is imposed, the available term generally ranges from six to 12 months, and the maximum fine is $2,500. A qualifying prior sexually oriented or child-victim-oriented offense can increase the felony level and trigger mandatory prison.
The exact penalty depends on the subsection charged and the person’s criminal history, so the potential sentence should be evaluated under the specific facts of the case.
Does an Importuning Conviction Require Sex-Offender Registration?
Importuning is listed as a sexually oriented offense in Ohio. For an adult, an importuning conviction is generally classified as a Tier I sexually oriented offense, although prior sex-offense history can affect classification.
Tier I registration generally lasts 15 years for an adult and carries ongoing reporting requirements. Registration can also create long-term personal and professional consequences.
Contact Suhre & Associates DUI and Criminal Defense Lawyers for a Free Consultation With a Cincinnati Sex Crimes Lawyer Today
An importuning charge is serious, and the consequences can extend beyond a prison sentence. Depending on the facts, an attorney may be able to raise defenses, challenge how evidence was obtained, or dispute whether the prosecution can prove the required elements.
Speaking with an attorney early can provide more time to review the evidence, preserve records, and evaluate possible defenses. Contact Suhre & Associates DUI and Criminal Defense Lawyers for a free and confidential consultation today at (513) 333-0014. Our Cincinnati sex crimes attorneys can review your charges and help you understand what options may be available in your case.
