News
News Home
Quick Bites
Exploradio
News Archive
News Channel
Special Features
NPR
nowplaying
On AirNewsClassical
Loading...
  
School Closings
WKSU Support
Funding for WKSU is made possible in part through support from the following businesses and organizations.

NOCHE

Akron General

Hospice of the Western Reserve


For more information on how your company or organization can support WKSU, download the WKSU Media Kit.

(WKSU Media Kit PDF icon )


Donate Your Vehicle to WKSU

Programs Schedule Make A Pledge Member BenefitsFAQ/HelpContact Us
Courts and Crime


Is it a crime in Ohio to pay a kid to rake your lawn?
Ohio Supreme Court takes up the question of whether Ohio's child enticement law is too broad
by WKSU's M.L. SCHULTZE


Web Editor
M.L. Schultze
 
The Ohio Supreme Court is considering whether Ohio's child enticement law makes even innocent behavior a crime.
Download (WKSU Only)
In The Region:

Ohio law could make it a crime for you to offer money to a child to rake your lawn. And that’s troubling Ohio’s Supreme Court justices. WKSU’s M.L. Schultze has more on the questions that were swirling around Ohio’s child enticement law today.

LISTEN: Arguments before the Ohio Supreme Court

Other options:
Windows Media / MP3 Download (1:54)


Four state appeals courts have raised questions about the law, which makes it a crime to solicit anyone under age 14 from accompanying you in any way without the permission of that child’s parent or guardian.

Jason Romage ran afoul of that law in 2010 when he offered some kids quarters to move boxes into his Columbus apartment. The judge threw the case out, an appeals court agreed and the state went to the state high court.

Melanie Tobias defended the law to the justices, saying the state has a compelling interest in protecting children. But several justices questioned how the law does that without sweeping up innocent people as well.

And one, Justice William O’Neill, noted that even he may have violated the law.

“I moved from South Russell to Chagrin Falls last weekend. The going rate is $10. I had kids unload a truck. Did I break the law? I didn’t ask their parents. They’re kids that are known to me and to my kids. Did I break the law?”

“Well, potentially, you could have been in violation of the statute,” answered Tobias.

“Why ‘potentially’?” O’Neill asked. “It’s a per se violation.

“It’s not a per se violation. The state still has to prove that the activity you engaged in was enticement,” she argued.

“I did entice them. I gave them $10.”

“Well, I think you could make the argument that that doesn’t qualify as enticement.”

O’Neill wasn’t taking the out Tobias offered.

“They wouldn’t have done it if I hadn’t given them the $10.”

Tobias then offered  another option. “Then you could make the argument that the statute as applied to you would be unconstitutional.”

Tobias also maintained that the court could massage the law by removing the word “solicit” or by strictly defining it, rather than striking down that section down altogether. 

The justices then raised questions about whether they should be the ones doing that or if it should be left to the state lawmakers who crafted and recently amended the law.

 

Listener Comments:

Finally,a common sense SC Justice.
Judge O'Neill was a petiatric emergency room nurse,and lives in reality.
I used to work on farms for $20 dollars per day when I was eleven years old.
Apparently what we were doing was illegal.


Posted by: Erik (Akron) on October 17, 2013 8:10AM
Add Your Comment
Name:

Location:

E-mail: (not published, only used to contact you about your comment)


Comments:




 
Page Options

Print this page

E-Mail this page / Send mp3

Share on Facebook




Stories with Recent Comments

Western Stark Free Clinic is set to close but to continue its role
WHAT OTHER DENTAL CLINICS AND MEDICAL CLINICS ARE IN THE CANTON AND MASSILLON, OHIO AREAS?

Three exonerated of murder convictions from 18 years ago
Thanks heavens that none of them have been condemned to death. This alons should convince the USA to join the civilized world by abolishing the death penalty. E...

Kombucha: a sweet business brewed with fermented tea
Stevia is not an artificial sweetener. It is a plant. I have one growing in my sunroom. The leaves are dried and added to teas. It's harvested commercially and...

Bringing back ballet in Cleveland
I do think Ballet in Cleveland is doing good things, but the fact that director says "When we have flourishing companies like the New York City Ballet and the A...

Report confirms some Vietnam veterans may have been exposed to Agent Orange
was in nam 1969 exposed va stated lost medical records was in lawsuit from 197? till settled 0 $ 2010 ? said all nam vets will get back disability till 198? jus...

Mentorship grant program redefines "faith-based" provision
Can't anyone have values, beliefs, and morals anymore? How is it anymore unconstitutional for a school partner with a "faith-based" organization than any other ...

Exploradio: The challenge of finding a healthy balance with technology
Thank you, Jeff, for another well done Exploradio. I always learn something interesting about what is happening in NE Ohio.

Northeast Ohio's transgender community rallies around restroom issue
A good first step would be for Cleveland to require restaurants to have a public restroom. Cleveland is the only city I've ever been in where restaurants somet...

Vapor shops say tobacco tax hikes could hit them hard
Maybe you should be DOING a study, since every time you've tried to villianize them all that's happened was the opposite. I'm not a fan of alcohol that's flavor...

New law gives access to birth records to Ohio adoptees
Can siblings also look for their missing brother or sister? And how do we go about it?

Copyright © 2015 WKSU Public Radio, All Rights Reserved.

 
In Partnership With:

NPR PRI Kent State University

listen in windows media format listen in realplayer format Car Talk Hosts: Tom & Ray Magliozzi Fresh Air Host: Terry Gross A Service of Kent State University 89.7 WKSU | NPR.Classical.Other smart stuff. NPR Senior Correspondent: Noah Adams Living on Earth Host: Steve Curwood 89.7 WKSU | NPR.Classical.Other smart stuff. A Service of Kent State University