533.09 SOLICITING - AFTER POSITIVE HIV TEST - DRIVER’S LICENSE SUSPENSION.

   (a)   No person shall solicit another to engage with such other person in sexual activity for hire.

   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) hereof.

   (c)   (1)   Whoever violates subsection (a) hereof is guilty of soliciting, a misdemeanor of the first degree.

      (2)   Whoever violates subsection (b) hereof is guilty of engaging in solicitation after a positive HIV test. If the offender commits the violation prior to July 1, 1996, engaging in solicitation after a positive HIV test is a felony of the second degree. If the offender commits the violation on or after July 1, 1996, engaging in solicitation after a positive HIV test is a felony of the third degree.

   (d)   If a person is convicted of or pleads guilty to a violation of any provision of this section, an attempt to commit a violation of any provision of this section, or a violation of or an attempt to commit a violation of a municipal ordinance that is substantially equivalent to any provision of this section, and if the person, in committing or attempting to commit the violation, was in, was on, or used a motor vehicle, the court, in addition to or independent of all other penalties imposed for the violation, shall impose upon the offender a class six suspension of the person’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(6) of Section 4510.02 of the Revised Code.

   (e)   In addition to or independent of all other penalties imposed for the violation, an order of impound or immobilization shall be issued for any vehicle, motor vehicle, motorcycle, motorized bicycle, truck or bus used for the purpose of soliciting, or used by or kept for the use of prostitutes. Upon conviction of a first offense, the vehicle shall be impounded or immobilized for a minimum of fifteen (15) days and a maximum of thirty (30) days. Upon second and subsequent convictions of a violation of division (a) of this section the vehicle shall be impounded or immobilized for a minimum of thirty (30) days and a maximum of sixty (60) days.

(Ord. 2008-8-96. Passed 8-13-08.)