A newly proposed child sex abuse law in Ohio, House Bill 322, is causing alarm among LGBTQ+ advocacy groups who fear it could be misused to restrict discussions on LGBTQ+ issues and sex education with minors. The bill introduces a criminal offense known as “grooming,” defined as any “pattern of conduct” interpreted by a “reasonable adult” as an attempt to “entice, coerce, solicit, or prepare the minor to engage in sexual activity.” Conviction under this offense could lead to a prison sentence ranging from six months to two years.
While the law’s language seems primarily focused on actual sexual intercourse, concerns have arisen about its potential broader implications. Erin Upchurch, the executive director of the Kaleidoscope Youth Center (KYC), a support center for LGBTQ+ youth, worries that anti-LGBTQ+ conservatives may exploit the law to target discussions related to queer issues or sexual education with minors. Even the provision of condoms to teenagers could potentially be seen as “preparing” a minor for sex under the bill’s definition.
The bill’s vagueness and lack of clarity are among the primary concerns voiced by Upchurch. It does not specify who qualifies as a “reasonable person,” leaving room for accusations against LGBTQ+ educators or advocates who may be falsely accused of trying to prepare minors for sexual activity.
Upchurch’s concerns are not unfounded, given the increasing trend of some Republican officials accusing LGBTQ+ individuals, media, educators, and allies of “grooming” children. This term has been used to attack any non-sexual LGBTQ+ content in books or educational materials.
Rebecca Surendorff, representing Ohioans for Child Protection, an anti-sex abuse organization, defended the bill, suggesting it would only be used against adults explicitly soliciting sex acts from minors. However, the bill itself lacks a clear definition or evidential threshold for proving a charge of “grooming.”
As of now, no state Democratic legislators have supported the bill. Additionally, the legislation offers enhanced penalties for individuals previously convicted of child sex abuse charges and those offering drugs to minors. The concerns surrounding the bill highlight the importance of clear and unambiguous language in legal measures to prevent potential misuse.