(A) No person shall solicit a person who is less than thirteen years of age to engage in sexual activity with the offender, whether or not the offender knows the age of such person.
(B) (1) No person shall solicit another, not the spouse of the offender, to engage in sexual conduct with the offender, when the offender is 18 years of age or older and four or more years older than the other person, and the other person is 13 years of age or older but less than 16 years of age, whether or not the offender knows the age of the other person.
(2) No person shall solicit another, not the spouse of the offender, to engage in sexual conduct with the offender, when the offender is 18 years of age or older and four or more years older than the other person, the other person is 16 or 17 years of age and a victim of a violation of R.C. § 2905.32, and the offender knows or has reckless disregard of the age of the other person.
(C) No person shall solicit another by means of a telecommunications device, as defined in R.C. § 2913.01, to engage in sexual activity with the offender when the offender is 18 years of age or older and either of the following applies:
(1) The other person is less than 13 years of age, and the offender knows that the other person is less than 13 years of age or is reckless in that regard; and
(2) The other person is a law enforcement officer posing as a person who is less than 13 years of age, and the offender believes that the other person is less than 13 years of age or is reckless in that regard.
(D) No person shall solicit another by means of a telecommunications device, as defined in R.C. § 2913.01, to engage in sexual activity with the offender when the offender is 18 years of age or older and either of the following applies:
(1) The other person is 13 years of age or older but less than 16 years of age, the offender knows that the other person is 13 years of age or older but less than 16 years of age or is reckless in that regard and the offender is four or more years older than the other person; and
(2) The other person is a law enforcement officer posing as a person who is 13 years of age or older but less than 16 years of age, the offender believes that the other person is 13 years of age or older but less than 16 years of age or is reckless in that regard, and the offender is four or more years older than the age the law enforcement officer assumes in posing as the person who is 13 years of age or older but less than 16 years of age.
(E) Divisions (C) and (D) above apply to any solicitation that is contained in a transmission via a telecommunications device that either originates in this state or is received in this state.
(F) (1) Whoever violates this section is guilty of importuning.
(2) Except as otherwise provided in this division, a violation of division (A) or (C) above is a felony of the third degree on a first offense, and, notwithstanding R.C. § 2929.13(C), there is a presumption that a prison term shall be imposed as described in R.C. § 2929.13(D). If the offender previously has been convicted of a sexually oriented offense or a child-victim oriented offense, a violation of division (A) or (C) above is a felony of the second degree, and the court shall impose upon the offender as a mandatory prison term one of the definite prison terms prescribed in R.C. § 2929.14(A)(2)(b) for a felony of the second degree, except that if the violation is committed on or after the effective date of this amendment, the court shall impose as the minimum prison term for the offense a mandatory prison term that is one of the minimum terms prescribed in division (A)(2)(a) above for a felony of the second degree.
(3) A violation of division (B) or (D) above is a felony of the fifth degree on a first offense, and, notwithstanding R.C. § 2929.13(B), there is a presumption that a prison term shall be imposed as described in R.C. § 2929.13(D). If the offender previously has been convicted of a sexually oriented offense or a child-victim oriented offense, a violation of division (B) or (D) above is a felony of the fourth degree, and the court shall impose upon the offender as a mandatory prison term one of the prison terms prescribed in R.C. § 2929.14 for a felony of the fourth degree that is not less than 12 months in duration.
(R.C. § 2907.07) (Prior Code, § 9.04.04)