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§
2905.05. Criminal child enticement.
(A) 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, whether or not the offender knows
the age of the child, if both of the following apply:
(1) The actor does not have the 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.
(B) It is an affirmative defense to a charge under
division (A) of this section that the actor undertook the activity in response
to a bona fide emergency situation or that the actor undertook the activity in a
reasonable belief that it was necessary to preserve the health, safety, or
welfare of the child.
(C) Whoever violates this section is guilty of
criminal child enticement, a misdemeanor of the first degree. If the offender
previously has been convicted of a violation of this section, section 2907.02,
2907.03, or 2907.12Ε of the Revised Code, or section 2905.01 or 2907.05 of the Revised Code
when the victim of that prior offense was under seventeen years of age at the
time of the offense, criminal child enticement is a felony of the fifth
degree.
(D) As used in this section:
(1) "Vehicle" has the same meaning as in
section 4501.01 of the Revised Code.
(2) "Vessel" has the same meaning as in
section 1547.01 of the Revised Code.
§
2905.12. Coercion.
(A) No person, with purpose to coerce another into
taking or refraining from action concerning which the other person has a legal
freedom of choice, shall do any of the following:
(1) Threaten to commit any offense;
(2) Utter or threaten any calumny against any
person;
(3) Expose or threaten to expose any matter tending
to subject any person to hatred, contempt, or ridicule, to damage any person's
personal or business repute, or to impair any person's credit;
(4) Institute or threaten criminal proceedings
against any person;
(5) Take, withhold, or threaten to take or withhold
official action, or cause or threaten to cause official action to be taken or
withheld.
(B) Divisions (A)(4) and (5)
of this section shall not be construed to prohibit a prosecutor or court from
doing any of the following in good faith and in the interests of justice:
(1) Offering or agreeing to grant, or granting
immunity from prosecution pursuant to section 2945.44 of the Revised Code;
(2) In return for a plea of guilty to one or more
offenses charged or to one or more other or lesser offenses, or in return for
the testimony of the accused in a case to which the accused is not a party,
offering or agreeing to dismiss, or dismissing one or more charges pending
against an accused, or offering or agreeing to impose, or imposing a certain
sentence or modification of sentence;
(3) Imposing a community control sanction on certain
conditions, including without limitation requiring the offender to make
restitution or redress to the victim of the offense.
(C) It is an affirmative defense to a charge under
division (A)(3), (4), or (5) of this section that the actor's conduct was a
reasonable response to the circumstances that occasioned it, and that the
actor's purpose was limited to any of the following:
(1) Compelling another to refrain from misconduct or
to desist from further misconduct;
(2) Preventing or redressing a wrong or
injustice;
(3) Preventing another from taking action for which
the actor reasonably believed the other person to be disqualified;
(4) Compelling another to take action that the actor
reasonably believed the other person to be under a duty to take.
(D) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree.
(E) As used in this section:
(1) "Threat" includes a direct threat and
a threat by innuendo.
(2) "Community control sanction" has the
same meaning as in section 2929.01 of the Revised Code.
§ 2907.03. Sexual battery.
Chapter 2907
§ 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:
(a) For the purpose of preventing resistance, the offender substantially impairs the other person's judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
(b) The other person is less than thirteen years of age, whether or not the offender knows the age of the other person.
(c) The other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.
(2) No person shall engage in sexual conduct with
another when the offender purposely compels the other person to submit by force
or threat of force.
(B) Whoever violates this section is guilty of rape, a felony of the first degree. If the offender under division (A)(1)(a) of this section substantially impairs the other person's judgment or control by administering any controlled substance described in section 3719.41 of the Revised Code to the other person surreptitiously or by force, threat of force, or deception, the prison term imposed upon the offender shall be one of the prison terms prescribed for a felony of the first degree in section 2929.14 of the Revised Code that is not less than five years. If the offender under division (A)(1)(b) of this section purposely compels the victim to submit by force or threat of force or if the victim under division (A)(1)(b) of this section is less than ten years of age, whoever violates division (A)(1)(b) of this section shall be imprisoned for life. If the offender under division (A)(1)(b) of this section previously has been convicted of or pleaded guilty to violating division (A)(1)(b) of this section or to violating a law of another state or the United States that is substantially similar to division (A)(1)(b) of this section or if the offender during or immediately after the commission of the offense caused serious physical harm to the victim, whoever violates division (A)(1)(b) of this section shall be imprisoned for life or life without parole.
(C) A victim need not prove physical resistance to
the offender in prosecutions under this section.
(D) Evidence of specific instances of the
victim's sexual activity, opinion evidence of the victim's sexual activity, and
reputation evidence of the victim's sexual activity shall not be admitted under
this section unless it involves evidence of the origin of semen, pregnancy, or
disease, or the victim's past sexual activity with the offender, and only to
the extent that the court finds that the evidence is material to a fact at
issue in the case and that its inflammatory or prejudicial nature does not
outweigh its probative value.
Evidence of specific instances of the defendant's sexual activity, opinion evidence of the defendant's sexual activity, and reputation evidence of the defendant's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, the defendant's past sexual activity with the victim, or is admissible against the defendant under section 2945.59 of the Revised Code, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
(E) Prior to taking testimony or receiving evidence of any sexual activity of the victim or the defendant in a proceeding under this section, the court shall resolve the admissibility of the proposed evidence in a hearing in chambers, which shall be held at or before preliminary hearing and not less than three days before trial, or for good cause shown during the trial.
(F) Upon approval by the court, the victim may be represented by counsel in any hearing in chambers or other proceeding to resolve the admissibility of evidence. If the victim is indigent or otherwise is unable to obtain the services of counsel, the court, upon request, may appoint counsel to represent the victim without cost to the victim.
(G) It is not a defense to a charge under division (A)(2) of this section that the offender and the victim were married or were cohabiting at the time of the commission of the offense.
§
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
[3345.01.1] 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.
§
2907.05. Gross sexual imposition.
(A) No person shall have sexual contact with
another, not the spouse of the offender; cause another, not the spouse of the
offender, to have sexual contact with the offender; or cause two or more other
persons to have sexual contact when any of the following applies:
(1) The offender purposely compels the other person,
or one of the other persons, to submit by force or threat of force.
(2) For the purpose of preventing resistance, the
offender substantially impairs the judgment or control of the other person or
of one of the other persons by administering any drug, intoxicant, or
controlled substance to the other person surreptitiously or by force, threat of
force, or deception.
(3) The offender knows that the judgment or control
of the other person or of one of the other persons is substantially impaired as
a result of the influence of any drug or intoxicant administered to the other
person with the other person's consent for the purpose of any kind of medical
or dental examination, treatment, or surgery.
(4) The other person, or one of the other persons,
is less than thirteen years of age, whether or not the offender knows the age
of that person.
(5) The ability of the other person to resist or
consent or the ability of one of the other persons to resist or consent is
substantially impaired because of a mental or physical condition or because of
advanced age, and the offender knows or has reasonable cause to believe that
the ability to resist or consent of the other person or of one of the other
persons is substantially impaired because of a mental or physical condition or
because of advanced age.
(B) Whoever violates this section is guilty of gross
sexual imposition.
(1) Except as otherwise provided in this section,
gross sexual imposition committed in violation of division (A)(1), (2), (3), or
(5) of this section is a felony of the fourth degree. If the offender under
division (A)(2) of this section substantially impairs the judgment or control
of the other person or one of the other persons by administering any controlled
substance described in section 3719.41 of the Revised Code to the person
surreptitiously or by force, threat of force, or deception, gross sexual
imposition committed in violation of division (A)(2) of this section is a
felony of the third degree.
(2) Gross sexual imposition committed in violation
of division (A)(4) of this section is a felony of the third degree. Except as
otherwise provided in this division, for gross sexual imposition committed in
violation of division (A)(4) of this section there is a presumption that a
prison term shall be imposed for the offense. The court shall impose on an
offender convicted of gross sexual imposition in violation of division (A)(4)
of this section 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 third
degree if either of the following applies:
(a) Evidence other than the testimony of the victim
was admitted in the case corroborating the violation;
(b) The offender previously was convicted of or
pleaded guilty to a violation of this section, rape, the former offense of
felonious sexual penetration, or sexual battery, and the victim of the previous
offense was under thirteen years of age.
(C) A victim need not prove physical resistance
to the offender in prosecutions under this section.
(D) Evidence of specific instances of the
victim's sexual activity, opinion evidence of the victim's sexual activity, and
reputation evidence of the victim's sexual activity shall not be admitted under
this section unless it involves evidence of the origin of semen, pregnancy, or
disease, or the victim's past sexual activity with the offender, and only to
the extent that the court finds that the evidence is material to a fact at
issue in the case and that its inflammatory or prejudicial nature does not
outweigh its probative value.
Evidence of specific instances of the defendant's
sexual activity, opinion evidence of the defendant's sexual activity, and
reputation evidence of the defendant's sexual activity shall not be admitted
under this section unless it involves evidence of the origin of semen,
pregnancy, or disease, the defendant's past sexual activity with the victim, or
is admissible against the defendant under section 2945.59 of the Revised Code,
and only to the extent that the court finds that the evidence is material to a
fact at issue in the case and that its inflammatory or prejudicial nature does
not outweigh its probative value.
(E) Prior to taking testimony or receiving evidence
of any sexual activity of the victim or the defendant in a proceeding under
this section, the court shall resolve the admissibility of the proposed
evidence in a hearing in chambers, which shall be held at or before preliminary
hearing and not less than three days before trial, or for good cause shown during
the trial.
(F) Upon approval by the court, the victim may be
represented by counsel in any hearing in chambers or other proceeding to
resolve the admissibility of evidence. If the victim is indigent or otherwise
is unable to obtain the services of counsel, the court, upon request, may
appoint counsel to represent the victim without cost to the victim.
§
2907.06. Sexual imposition.
(A) No person shall have sexual contact with
another, not the spouse of the offender; cause another, not the spouse of the
offender, to have sexual contact with the offender; or cause two or more other
persons to have sexual contact when any of the following applies:
(1) The offender knows that the sexual contact is
offensive to the other person, or one of the other persons, or is reckless in
that regard.
(2) The offender knows that the other person's, or
one of the other person's, ability to appraise the nature of or control the
offender's or touching person's conduct is substantially impaired.
(3) The offender knows that the other person, or one
of the other persons, submits because of being unaware of the sexual
contact.
(4) The other person, or one of the other persons,
is thirteen years of age or older but less than sixteen years of age, whether
or not the offender knows the age of such person, and the offender is at least
eighteen years of age and four or more years older than such other
person.
(5) The offender is a mental health professional,
the other person or one of the other persons is a mental health client or
patient of the offender, and the offender induces the other person who is the
client or patient to submit by falsely representing to the other person who is
the client or patient that the sexual contact is necessary for mental health
treatment purposes.
(B) No person shall be convicted of a violation
of this section solely upon the victim's testimony unsupported by other
evidence.
(C) Whoever violates this section is guilty of
sexual imposition, a misdemeanor of the third degree. If the offender previously
has been convicted of a violation of this section or of section 2907.02,
2907.03, 2907.04, 2907.05, or 2907.12Ε of the Revised Code, a violation of this
section is a misdemeanor of the first degree.
CHAPTER
2901
GENERAL PROVISIONS
§
2901.13. Limitation of criminal prosecutions.
(A) (1) Except as provided in division (A)(2)
or (3) of this section or as otherwise provided in this section, a prosecution
shall be barred unless it is commenced within the following periods after an
offense is committed:
(a) For a felony, six years;
(b) For a misdemeanor other than a minor
misdemeanor, two years;
(c) For a minor misdemeanor, six months.
(2) There is no period of limitation for the
prosecution of a violation of section 2903.01 or 2903.02 of the Revised
Code.
(3) Except as otherwise provided in divisions (B) to
(H) of this section, a prosecution of any of the following offenses shall be
barred unless it is commenced within twenty years after the offense is
committed:
(a) A violation of section 2903.03, 2903.04,
2905.01, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22,
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02,
2911.11, 2911.12, or 2917.02 of the Revised Code, a violation of section
2903.11 or 2903.12 of the Revised Code if the victim is a peace officer, a
violation of section 2903.13 of the Revised Code that is a felony, or a
violation of former section 2907.12 of the Revised Code;
(b) A conspiracy to commit, attempt to commit, or
complicity in committing a violation set forth in division (A)(3)(a) of this
section.
(B) If the period of limitation provided in division
(A)(1) or (3) of this section has expired, prosecution shall be commenced for
an offense of which an element is fraud or breach of a fiduciary duty, within
one year after discovery of the offense either by an aggrieved person, or by
the aggrieved person's legal representative who is not a party to the
offense.
(C) If the period of limitation provided in
division (A)(1) or (3) of this section has expired, prosecution shall be
commenced for an offense involving misconduct in office by a public servant as
defined in section 2921.01 of the Revised Code, at any time while the accused
remains a public servant, or within two years thereafter.
(D) An offense is committed when every element
of the offense occurs. In the case of an offense of which an element is a
continuing course of conduct, the period of limitation does not begin to run
until such course of conduct or the accused's accountability for it terminates,
whichever occurs first.
(E) A prosecution is commenced on the date an
indictment is returned or an information filed, or on the date a lawful arrest
without a warrant is made, or on the date a warrant, summons, citation, or
other process is issued, whichever occurs first. A prosecution is not commenced
by the return of an indictment or the filing of an information unless
reasonable diligence is exercised to issue and execute process on the same. A
prosecution is not commenced upon issuance of a warrant, summons, citation, or
other process, unless reasonable diligence is exercised to execute the
same.
(F) The period of limitation shall not run
during any time when the corpus delicti remains undiscovered.
(G) The period of limitation shall not run during
any time when the accused purposely avoids prosecution. Proof that the accused
departed this state or concealed the accused's identity or whereabouts is
prima-facie evidence of the accused's purpose to avoid prosecution.
(H) The period of limitation shall not run
during any time a prosecution against the accused based on the same conduct is
pending in this state, even though the indictment, information, or process
which commenced the prosecution is quashed or the proceedings thereon are set
aside or reversed on appeal.
(I) The period of limitation for a violation of
any provision of Title XXIX of the Revised Code that involves a physical or
mental wound, injury, disability, or condition of a nature that reasonably
indicates abuse or neglect of a child under eighteen years of age or of a
mentally retarded, developmentally disabled, or physically impaired child under
twenty-one years of age shall not begin to run until either of the following
occurs:
(1) The victim of the offense reaches the age of
majority.
(2) A public children services agency, or a
municipal or county peace officer that is not the parent or guardian of the
child, in the county in which the child resides or in which the abuse or
neglect is occurring or has occurred has been notified that abuse or neglect is
known, suspected, or believed to have occurred.
(J) As used in this section, "peace
officer" has the same meaning as in section 2935.01 of the Revised
Code.
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Revised
01/07