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(c) It is an affirmative defense to a charge under subsection (a) hereof that the <br />actor undertook the activity in response to a bona fide emergency situation or that the <br />actor undertook the activity in a reasonable belief that it was necessary to preserve the <br />health, safety or welfare of the child. <br />(d) Whoever violates this section is guilty of criminal child enticement, a <br />misdemeanor of the first degree. If the offender has previously been convicted of a <br />violation of Ohio R.C. 2905.05, 2907.02, or 2907.03, or former Section 2907.12, or Ohio <br />R.C. 2905.01 or 2907.05 when the victim of that prior offense was under seventeen years <br />of age at the time of the offense, criminal child enticement is a felony and shall be <br />prosecuted under appropriate State law. <br />(e) As used in this section: <br />(1) "Sexual motivation" has the same meaning as in Ohio R.C. <br />2971.01. <br />(2) "Vehicle" has the same meaning as in Ohio R.C. 4501.01. <br />(3) "Vessel" has the same meaning as in Ohio R.C. 1547.01. <br />BE AMENDED AND AS AMENDED SHALL READ AS FOLLOWS: <br />537.17 CRIMINAL CHILD ENTICEMENT. <br />(a) No person, by any means and without privilege to do so, shall knowingly <br />solicit, coax, entice or lure any child under fourteen years of age to accompany the person <br />in any manner, including entering into any vehicle, or onto any vessel, whether or not the <br />offender knows the age of the child, if both of the following apply: <br />(1) The actor does not have the express or implied permission of the <br />parent, guardian or other legal custodian of the child in <br />undertaking the activity; <br />(2) The actor is not a law enforcement officer, medic, firefighter, or <br />other person who regularly provides emergency services, and is not <br />an employee or agent of, or a volunteer acting under the direction <br />of any Board of Education, or the actor is any of such persons, but, <br />at the time the actor undertakes the activity, the actor is not acting <br />within the scope of the actor's lawful duties in that capacity. <br />(b) No person, with a sexual motivation, shall violate subsection (a) of this <br />section. <br />(c) No person, for any unlawful purpose other than, or in addition to, <br />that proscribed by division (a) of this section, shall engage in any activity described <br />in division (a) of this section. <br />(E) (d) It is an affirmative defense to a charge under subsection (a) hereof that the <br />actor undertook the activity in response to a bona fide emergency situation or that the <br />actor undertook the activity in a reasonable belief that it was necessary to preserve the <br />health, safety or welfare of the child. <br />(d) (e) Whoever violates this section is guilty of criminal child enticement, a <br />