2006 Ohio Revised Code - 2907.04. Unlawful sexual conduct with minor.

§ 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. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 143 v H 44 (Eff 7-24-90); 146 v S 2 (Eff 7-1-96); 148 v H 442. Eff 10-17-2000.
 

Not analogous to former RC § 2907.04 (RS § 6832; S&C 457a, 457b; 57 v 49; GC § 12434; 113 v 541; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section prohibits sexual conduct when the offender is age 18 or over and knows his or her partner is age 13 to 15. 

The rationale for this is that the risk of physical harm from sexual conduct is less for the early adolescent than for the pre-puberty victim, though the risk of psychic harm remains great. Moreover, sexual conduct with an early adolescent is often viewed as more serious when the offender is substantially older than the victim, because under such circumstances the offender's conduct suggests highly amoral behavior. Accordingly, the offense is a felony when committed by a person who is 4 or more years older than the victim, and a misdemeanor when the offender is less than 4 years older than the victim. When both partners are juveniles, there is no offense under the section, although the actors would be liable to being adjudged unruly children in a juvenile proceeding. See, section 2151.022 of the Revised Code. 

Under former law, consensual sexual intercourse by a male age 18 with a female under 16 was a felony, regardless of the age difference between the partners. 

Corruption of a minor is a felony of the third degree, unless the offender is less than 4 years older than the victim, in which case the offense is a misdemeanor of the first degree. 

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