Age of Consent Questions for Ohio

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Ohio. Ask your Question

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Age Of Consent

:: February 08, 2009 18:43

If I am 17 and my boyfriend is 19, and I could possibly be pregnant...will he get into trouble for this? My parents are okay with us dating and I turn 18 in june, by the time the baby would be born I would be 18.

The legal age of consent for consensual sexual contact in the state of OHIO is 16. At sixteen years of age or older, a person can no longer be a victim of statutory rape. Based on the information provided in your question, it does NOT appear that Ohio sexual offense laws have been violated.

Ohio: Can he get in trouble at 24 if I am 17

:: May 05, 2008 11:34

Can my boyfriend get in trouble at 24 if I am 17?

In Ohio, the age a person can no longer be a victim of statutory rape is 16. At 17, a minor is at the legal age of consent for sexual activity. If your boyfriend is a public school employee it is illegal for a teacher or public school employee to engage in sexual conduct with a student. In Ohio, the age a person can no longer be a victim of statutory rape is 16. At 17, a minor is at the legal age of consent for sexual activity. The age of consent changes from 16 to 18 only if the consenting partner is a school teacher, administrator, coach or public school employee regardless of whether or not the teacher or public school employee is in position of authority it is illegal to engage in sexual conduct with a student under 18 years of age. The statutory rape law of Ohio is labeled: 2907.04 Unlawful sexual contact with a minor The violation for teachers and the like falls under 2907.03 Sexual Battery #7-10

2907.03 Sexual battery.

(A) No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply: (1) The offender knowingly coerces the other person to submit by any means that would prevent resistance by a person of ordinary resolution. (2) The offender knows that the other person’s ability to appraise the nature of or control the other person’s own conduct is substantially impaired. (3) The offender knows that the other person submits because the other person is unaware that the act is being committed. (4) The offender knows that the other person submits because the other person mistakenly identifies the offender as the other person’s spouse. (5) The offender is the other person’s natural or adoptive parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other person. (6) The other person is in custody of law or a patient in a hospital or other institution, and the offender has supervisory or disciplinary authority over the other person. (7) The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school. (8) The other person is a minor, the offender is a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the other person is enrolled in or attends that institution. (9) The other person is a minor, and the offender is the other person’s athletic or other type of coach, is the other person’s instructor, is the leader of a scouting troop of which the other person is a member, or is a person with temporary or occasional disciplinary control over the other person. (10) The offender is a mental health professional, the other person is a mental health client or patient of the offender, and the offender induces the other person to submit by falsely representing to the other person that the sexual conduct is necessary for mental health treatment purposes. (11) The other person is confined in a detention facility, and the offender is an employee of that detention facility. (12) The other person is a minor, the offender is a cleric, and the other person is a member of, or attends, the church or congregation served by the cleric. (B) Whoever violates this section is guilty of sexual battery. Except as otherwise provided in this division, sexual battery is a felony of the third degree. If the other person is less than thirteen years of age, sexual battery is a felony of the second degree, and the court shall impose upon the offender a mandatory prison term equal to one of the prison terms prescribed in section 2929.14 of the Revised Code for a felony of the second degree. (C) As used in this section: (1) “Cleric” has the same meaning as in section 2317.02 of the Revised Code. (2) “Detention facility” has the same meaning as in section 2921.01 of the Revised Code. (3) “Institution of higher education” means a state institution of higher education defined in section 3345.011 of the Revised Code, a private nonprofit college or university located in this state that possesses a certificate of authorization issued by the Ohio board of regents pursuant to Chapter 1713. of the Revised Code, or a school certified under Chapter 3332. of the Revised Code. Effective Date: 03-31-2003; 08-03-2006

2907.04 Unlawful sexual conduct with minor.

(A) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard. (B) Whoever violates this section is guilty of unlawful sexual conduct with a minor. (1) Except as otherwise provided in divisions (B)(2), (3), and (4) of this section, unlawful sexual conduct with a minor is a felony of the fourth degree. (2) Except as otherwise provided in division (B)(4) of this section, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree. (3) Except as otherwise provided in division (B)(4) of this section, if the offender is ten or more years older than the other person, unlawful sexual conduct with a minor is a felony of the third degree. (4) If the offender previously has been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code, unlawful sexual conduct with a minor is a felony of the second degree. Effective Date: 10-17-2000

Im scared, she lied about her age and name

:: February 12, 2008 07:40

i met a girl from my friend an she lied to both of us bout her age an name an said she was up here for the summer i had sex with her and found out that she was 12 and then found out her name an lived here an im being charged with statchatory rape an im 19 what should i do

The very first thing you should do is seek advice from an attorney in this matter. The age of consent in Ohio is 16. Due to the fact that she is 12, the prosectution may charge you under Ohio Revised Statute 2907.02 Rape (A)(1b). (URL http://codes.ohio.gov/orc/2907)

Ohio 2907.02 Rape

(A)(1) No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies: (b)The other person is less than thirteen years of age, whether or not the offender knows the age of the other person. If there was any alcohol or drug use involved, there may be other charges forth coming. It is in your best interest to have an attorney represent you in this case. Do not under any circumstances attempt to contact the girl or any member of her family directly. This will only lead to more problems for you. Free & Confidential LegalMatch to Find a Local Trustworthy Lawyer in Your Area.

Child Pornography Defined

:: January 07, 2008 12:14

When it comes to child pornography would a 20 year old get charged with child porngraphy if the girl was 17?

Yes, it is certainly a possibility, if the material falls within the definition of "pornography" either at the state level or federal and the person being depicted in the images is a minor under the age of 18. Federal legal definition:

18 U.S.C. 2256 – “CHILD PORNOGRAPHY” DEFINED

Child pornography is defined as any visual depiction, including any photograph, film, video, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where

  • the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
  • such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
  • such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.
  • In the state of Ohio there are several statutes regarding objectional or obscene materials and minors. These can be found in the http://codes.ohio.gov/orc/2907Ohio Revised statutes Chapter 2907 Sex Offenses (2907.31 through 2907.41). Child pornography cases can be charged at both the federal level and at the state level. Sometimes if the Feds decide not to pursue a case, the state will take jurisdiction.

minor signing birth certificate

:: December 08, 2007 10:24

My daughter is 21 years old and is pregnant with her 16year old boyfriends baby, he is turning 17 soon my question is can she be charged with any crime if he signs the bith certificate because he is a minor?

According to Ohio Statute 2907.04, Unlawful sexual conduct is defined as sexual contact with a minor under the age of 16. If the minor was 16 at the time the child was conceived, there would be no criminal legal liability for the 21 year old under the current Ohio sexual offense laws unless she was a teacher or person in certain positions of authority over the minor at the time. Both statutes are outlined below with pertinent section numbers highlited in "bold"

2907.03 Sexual battery.
(A) No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply: (1) The offender knowingly coerces the other person to submit by any means that would prevent resistance by a person of ordinary resolution. (2) The offender knows that the other person’s ability to appraise the nature of or control the other person’s own conduct is substantially impaired. (3) The offender knows that the other person submits because the other person is unaware that the act is being committed. (4) The offender knows that the other person submits because the other person mistakenly identifies the offender as the other person’s spouse. (5) The offender is the other person’s natural or adoptive parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other person. (6) The other person is in custody of law or a patient in a hospital or other institution, and the offender has supervisory or disciplinary authority over the other person. (7) The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school. (8) The other person is a minor, the offender is a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the other person is enrolled in or attends that institution. (9) The other person is a minor, and the offender is the other person’s athletic or other type of coach, is the other person’s instructor, is the leader of a scouting troop of which the other person is a member, or is a person with temporary or occasional disciplinary control over the other person. (10) The offender is a mental health professional, the other person is a mental health client or patient of the offender, and the offender induces the other person to submit by falsely representing to the other person that the sexual conduct is necessary for mental health treatment purposes. (11) The other person is confined in a detention facility, and the offender is an employee of that detention facility. (12) The other person is a minor, the offender is a cleric, and the other person is a member of, or attends, the church or congregation served by the cleric. (B) Whoever violates this section is guilty of sexual battery. Except as otherwise provided in this division, sexual battery is a felony of the third degree. If the other person is less than thirteen years of age, sexual battery is a felony of the second degree, and the court shall impose upon the offender a mandatory prison term equal to one of the prison terms prescribed in section 2929.14 of the Revised Code for a felony of the second degree. (C) As used in this section: (1) “Cleric” has the same meaning as in section 2317.02 of the Revised Code. (2) “Detention facility” has the same meaning as in section 2921.01 of the Revised Code. (3) “Institution of higher education” means a state institution of higher education defined in section 3345.011 of the Revised Code, a private nonprofit college or university located in this state that possesses a certificate of authorization issued by the Ohio board of regents pursuant to Chapter 1713. of the Revised Code, or a school certified under Chapter 3332. of the Revised Code.
2907.04 Unlawful sexual conduct with minor.
(A) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard. (B) Whoever violates this section is guilty of unlawful sexual conduct with a minor. (1) Except as otherwise provided in divisions (B)(2), (3), and (4) of this section, unlawful sexual conduct with a minor is a felony of the fourth degree. (2) Except as otherwise provided in division (B)(4) of this section, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree. (3) Except as otherwise provided in division (B)(4) of this section, if the offender is ten or more years older than the other person, unlawful sexual conduct with a minor is a felony of the third degree. (4) If the offender previously has been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code, unlawful sexual conduct with a minor is a felony of the second degree.

Soliciting a minor question

:: September 25, 2007 11:48

I have a question about what it means to solicit a minor. A friend of mine's daughter who is only 14 received a hand delivered letter from a 4o something year old man. In the letter he stated a few things. He said he would like to see her in her cheerleading uniform, he is saving his money to be able to take her on vacation with him, ect.. He did not spell out anything directly related to sex or a sex act but any normal person understands that is what this was getting to. what are the laws about soliciting a minor, if it didnt directly state sex? Is there still a crime with an old man "courting" or playing favorites with a minor? Is so what? Please reply ASAP. Thanks!

In Ohio, the age at which a person can legally consent to sexual contact is 16. The 14 year old can not legally consent to sexual contact which makes any sexual contact and/or solicitation of the minor (age 14) illegal under Ohio state penal code. Given the substantial age difference between them, there is real cause for concern. The hand delivered "letter" should be reported and turned over to the authorities. The possibility exists that the 40 year old has a history of this behavior with young girls. If he takes any action to see the 14 year old or to entice her to meet with him, he may be in violation of the law and the 14 year old girl may be in danger. Contact your local authorities immediately.

statutory rape

:: July 08, 2007 11:39

My 16 year old neice is pregnant by a 25 year old married man who is a father of 4. He also happens to be her manager at work. This is legal?

The age at which a person can legally consent to have sexual intercourse in Ohio, is 16, except under certain circumstances. (See 7, 8, 9 or 10 below)

2907.03 Sexual battery.
(A) No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply: (1) The offender knowingly coerces the other person to submit by any means that would prevent resistance by a person of ordinary resolution. (2) The offender knows that the other person’s ability to appraise the nature of or control the other person’s own conduct is substantially impaired. (3) The offender knows that the other person submits because the other person is unaware that the act is being committed. (4) The offender knows that the other person submits because the other person mistakenly identifies the offender as the other person’s spouse. (5) The offender is the other person’s natural or adoptive parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other person. (6) The other person is in custody of law or a patient in a hospital or other institution, and the offender has supervisory or disciplinary authority over the other person. (7) The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school. (8) The other person is a minor, the offender is a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the other person is enrolled in or attends that institution. (9) The other person is a minor, and the offender is the other person’s athletic or other type of coach, is the other person’s instructor, is the leader of a scouting troop of which the other person is a member, or is a person with temporary or occasional disciplinary control over the other person. (10) The offender is a mental health professional, the other person is a mental health client or patient of the offender, and the offender induces the other person to submit by falsely representing to the other person that the sexual conduct is necessary for mental health treatment purposes. (11) The other person is confined in a detention facility, and the offender is an employee of that detention facility. (12) The other person is a minor, the offender is a cleric, and the other person is a member of, or attends, the church or congregation served by the cleric. (B) Whoever violates this section is guilty of sexual battery. Except as otherwise provided in this division, sexual battery is a felony of the third degree. If the other person is less than thirteen years of age, sexual battery is a felony of the second degree, and the court shall impose upon the offender a mandatory prison term equal to one of the prison terms prescribed in section 2929.14 of the Revised Code for a felony of the second degree. (C) As used in this section: (1) “Cleric” has the same meaning as in section 2317.02 of the Revised Code. (2) “Detention facility” has the same meaning as in section 2921.01 of the Revised Code. (3) “Institution of higher education” means a state institution of higher education defined in section 3345.011 of the Revised Code, a private nonprofit college or university located in this state that possesses a certificate of authorization issued by the Ohio board of regents pursuant to Chapter 1713. of the Revised Code, or a school certified under Chapter 3332. of the Revised Code. Effective Date: 03-31-2003; 08-03-2006

sexual conduct

:: July 05, 2007 18:20

my brother is 18 and dating a 15 year old girl. her parents approve, but if they changed their mind, couldnt he get in trouble for even making out with her? i guess my question is what is the definition of sexual conduct?

2907.01 Sex offenses general definitions
(A) “Sexual conduct” means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus (oral sex) between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse. (B) “Sexual contact” means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person. (C) “Sexual activity” means sexual conduct or sexual contact, or both.
2907.04 Unlawful sexual conduct with minor.
(A) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard. (B) Whoever violates this section is guilty of unlawful sexual conduct with a minor. (1) Except as otherwise provided in divisions (B)(2), (3), and (4) of this section, unlawful sexual conduct with a minor is a felony of the fourth degree. (2) Except as otherwise provided in division (B)(4) of this section, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree. (3) Except as otherwise provided in division (B)(4) of this section, if the offender is ten or more years older than the other person, unlawful sexual conduct with a minor is a felony of the third degree. (4) If the offender previously has been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code, unlawful sexual conduct with a minor is a felony of the second degree.

age difference laws

:: June 30, 2007 14:48

my son had a girlfriend who was 15 and he was 18. she turned 16 in may my son will be 19 in oct. she is pregnant but she was sleeping with a 47 year old guy when she was dating my son. my son and her was together once. so i'm wandering if my son can be in trouble with the law,if [and big IF] the baby is his.

Yes, it is a possibility. If he was 18 and had sexual intercourse with a minor under the age of 16, he could be found in violation of 2907.04. In his situation, based on their ages, the violation would be classed as a misdemeanor offense. If the 47 year old is reported to authorities and he was charged, this would be classed as a third degree felony based on the age difference. The outlines these details. See the bolded sections below.

§ 2907.04. Unlawful sexual conduct with minor.
(A) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard. (B) Whoever violates this section is guilty of unlawful sexual conduct with a minor. (1) Except as otherwise provided in divisions (B)(2), (3), and (4) of this section, unlawful sexual conduct with a minor is a felony of the fourth degree. (2) Except as otherwise provided in division (B)(4) of this section, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree. (3) Except as otherwise provided in division (B)(4) of this section, if the offender is ten or more years older than the other person, unlawful sexual conduct with a minor is a felony of the third degree. (4) If the offender previously has been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code, unlawful sexual conduct with a minor is a felony of the second degree.

Denial of consent to have sex

:: June 30, 2007 08:45

What happens when consent is given between a 16 year old female and any teen age male 12 and older, then the girl denies consent a week later. I have boys and am concerned about all this consent because it seems the males are always the guilty party no matter how much the females push having sex.

There really is no way we can answer this question based in law. In a situation like this, it would be up to a family court judge to review all evidence from both sides, conduct interviews and order medical and/or mental evalutaions of the minors involved, then make a ruling based on the findings.

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