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.

Knight Foundation

Akron General

Wayside Furniture


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

Akron Children's Hospital hosts career fair
I Love working at Akron Children's Hospital. The children are such a joy to work with. At Akron Children’s Hospital, we’ll take this foundation and build s...

Faculty, students not behind proposed University of Akron name change
I am a proud alumnae of The University of Akron (Jan'87). I have fond and great memories of my undergraduate years at Akron being actively engaged, participatin...

Kasich's budget director takes House spending plan to task
If Kasich is so obsessed with a balanced budget, he is going to have to ask the wealthy to chip in; the middle class has already been tapped out. !!!

Petition to put marijuana legalization on Ohio ballots makes progress
I sign on 420 came home made a few calls to send others to. Sign hey hey let move it forward. Get out there a sign people

Ohio's tax commissioner says the ID quiz is going well
I filed electronically and there was no provision to print out a copy that I could find. How do I get a copy sent to my exclusive address of record, including ...

Ohio to appeal ruling keeping Akron's red light cameras in place
I don't understand what all the fuss is about. If you don't like tickets drive the speed limit and stop at red lights. It's really all up to you.

Who's on public assistance in Ohio?
legalize marijuana get over it,,, its here its been the main drug test scare of a lifetime. u got people that get drunk every night and work u got peoples on ...

Letters from a lost friend: A Beachwood survivor's Holocaust remembrance
What a great story -- and how important it was for both Marlene and her mother to tell it! Thank you.

Ohio lawmaker calls for an East Cleveland bailout
Instead of blaming Kasich and the Republicans for all of East Cleveland's fiscal woes, take a look at the facts. Some political entities in Ohio are too small ...

Legalized marijuana is a boon for a Cleveland-area grow light maker
Shouldn't he be in jail for paraphernalia? He knows he is selling for marijuana production.

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