Cleveland Importuning / Soliciting a Minor Lawyer

Importuning: ORC § 2907.07

Under Ohio Revised Code § 2907.07, “importuning” refers to the act of soliciting a minor to engage in sexual activity, whether face-to-face, via text, over the internet, or by other electronic communication. Importuning charges can be brought even if no physical contact occurred and even if the alleged minor is actually an undercover officer posing online.

The statute explains that a person may be charged if they:

• Solicit a child under 13 years old, whether or not the offender knew the child’s age
• Solicit a child 13 to 15 years old, when the offender is 18 or older, and at least four years older than the child
• Solicit a mentally or physically impaired minor under 16
• Solicit a minor by electronic or telecommunications device (text, phone, internet, social media)
• Solicit a law enforcement officer posing as a minor, if the accused believed or was reckless as to the minor’s age

In Ohio, sexual “solicitation” can be interpreted as merely attempting to engage a minor in sexual activity, even without any physical act.

How Importuning Is Classified Under Ohio Law

The classification of an importuning charge depends primarily on the age of the alleged victim and the nature of the request or communication.

Felony of the Third Degree

Importuning is charged as a third-degree felony on a first offense when it involves:

• Soliciting a child under 13 years old
• Soliciting a minor under 16 who is mentally or physically impaired
• Soliciting a child under 13 using a telecommunications device, including situations involving undercover officers

There is a presumption of prison for these offenses. If the accused arranged to meet the minor, a mandatory prison sentence is required.

If the accused has a prior sexually oriented offense or child-victim offense, these violations are elevated to a second-degree felony, with mandatory prison time.

Felony of the Fifth Degree

Importuning is a fifth-degree felony on a first offense when:

• The alleged victim is 13 to 15 years old,
• The offender is 18 or older and at least four years older, and
• The solicitation occurs in person or electronically, including undercover officer cases

There is a presumption of prison, even on a first offense.

A mandatory prison term applies if:

• The offender is 10 or more years older than the alleged victim, and
• The offender arranged to meet the minor

Felony of the Fourth Degree – Prior Offenses

If the accused has a prior conviction for a sexually oriented or child-victim offense, a violation involving a 13–15-year-old (or an undercover officer posing as such) becomes a fourth-degree felony.

In these cases:

• Mandatory prison time applies
• The sentence must be at least 12 months

Penalties for Importuning in Ohio

Penalties for importuning are severe and escalate quickly based on the charge level and criminal history.

Fifth-Degree Felony Penalties

• 6 to 12 months in prison
• Fines up to $2,500
• Presumption of prison
• Mandatory prison for meeting/10-year age gap cases
• Mandatory sex offender registration, typically Tier I

Fourth-Degree Felony Penalties

• Mandatory minimum of 12 months in prison for repeat offenders
• Fines of up to $5,000
• Sex offender registration, often Tier II
• Post-release control

Third-Degree Felony Penalties

• 1 to 5 years in prison
• Presumption of prison
• Mandatory prison if a meeting was arranged
• Sex offender registration, often Tier II or Tier III

How We Defend Importuning/Solicitation Charges

Importuning cases require a careful, multi-faceted defense strategy. Many such cases involve online interactions, police sting operations, or digital communications, and the law places high burdens on the prosecution to prove every element of the offense.

We can begin by conducting an in-depth review of the evidence, including:

• Law enforcement records, search warrants, and electronic data
• The exact nature and context of the alleged solicitation
• Whether constitutional rights were violated during investigation or arrest
• Whether law enforcement actions could give rise to entrapment or unlawful inducement defenses

Our defense strategies may include the following:

• Challenging whether the solicitation actually occurred as alleged
• Arguing that communications were taken out of context or misinterpreted
• Asserting that law enforcement engaged in improper tactics or entrapment
• Filing motions to suppress unlawfully obtained electronic evidence
• Negotiating reduced charges or alternative resolutions where appropriate
• Preparing a vigorous defense for trial if needed

Your Rights Matter — We Can Protect Them, So Call Now

Any criminal charge is serious, but allegations involving minors often carry added legal and social pressures. You have constitutional rights that must be protected during questioning, evidence gathering, or courtroom proceedings. We make sure those rights are never overlooked, and we work tirelessly to provide a defense strategy that challenges the prosecution.

If you are under investigation or have been charged with importuning or soliciting a minor in Cleveland, get experienced legal representation immediately. Our defense team from Patituce & Associates is ready to listen, investigate, and prepare a defense strategy grounded in real-world experience with cases much like yours.

Contact us online or call (440) 771-1175 today to discuss your case in a confidential and no-cost consultation.