Law Offices of Richard G. Wendel, II

Licensed in Ohio & Kentucky

Need help now? Call


News & Blog

Supreme Court Strikes Down Ohio's Child-Enticement Statute

Posted on: March 07, 2014

The Ohio Supreme Court struck down Ohio's Child-Enticement Statute, ruling that it is unconstitutionally overbroad.  In State v. Romage Slip Opinion No. 2014-Ohio-783, the court struck down Ohio Revised Code section 2905.05(A), finding that it sweeps within its prohibitions a significant amount of constitutionally protected activity.

The statute provides:  No person, by any means and without privilege to do so, shall knowingly solicit, coax, entice, or lure any child under fourteen years of age to accompany the person in any manner, including entering into any vehicle or onto any vessel, whehter or not the offender knows the age of the child, if both of the following apply:
(1) The actor does not have express or implied permission of the parent, guardian, or other legal custodian of the child in undertaking the activity.
(2) The actor is not a law enforcement officer, medic, firefighter, or other person who regularly provides emergency services, and is not an employee or agent of, or a volunteer acting under the direction of, any board of education, or the actor is any of such persons, but, at the time the actor undertakes the activity, the actor is not acting within the scope of the actor's lawful duties in that capacity.

The court reasoned that the statute could be construed to criminalize the following scenarios, and was therefore overbroad:  "a primary-school coach offering to drive a team member home to retrieve a forgotten piece of practice equipment; a parent at a community facility offering to drive another's child home so she does not have to walk; a senior citizen offering a 13-year-old neighborhood child money to help with household chores; a 14-year-old asking his 12-year-old friend to go for a bike ride."

A link to the court's full opinion:

Posted In: News

St. Patrick's Day OVI Checkpoints

Posted on: March 13, 2014

The Ohio State Highway Patrol will be conducting multiple OVI drunk-driving checkpoints around the state this weekend and on St. Patrick's Day, March 17, 2014.  The checkpoints will take place in Hamilton, Cuyahoga, Stark, Lake, and Summit counties.  More details about specific locations will be released to the public on Friday, March 14, 2014.  Be sure to designate a driver if you are out celebrating this weekend.

Posted In: News

Sharonville OVI Checkpoint Tonight

Posted on: March 14, 2014

There will be a Sharonville, Ohio (Hamilton County) OVI checkpoint tonight, March 14, 2014, from 9:00 p.m. to midnight on U.S. 42 (Lebanon Road) north of I-275.  Please drive safely this St. Patrick's Day weekend.  Be sure to designate a driver in conjunction with your celebrations.

Posted In: News

March Madness Cincinnati OVI Checkpoint Tonight

Posted on: March 21, 2014

There will be a Hamilton County OVI drunk-driving checkpoint held tonight at 190 E. McMillan Street, near I-71 and Auburn Avenue in Cincinnati from 9:00 p.m. to 1:00 a.m.  If you are out for March Madness celebrations be sure to designate a driver!

Posted In: News

Related Articles