2006 Ohio Revised Code - 2907.06. Sexual imposition.

§ 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 2907.12Å of the Revised Code, a violation of this section is a misdemeanor of the first degree. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 137 v H 134 (Eff 8-8-77); 143 v H 44 (Eff 7-24-90); 146 v S 2 (Eff 7-1-96); 149 v S 9. Eff 5-14-2002.
 

Å RC § 2907.12, repealed by 146 v H 445, § 2, effective 9-3-96. See now section 2907.01(A). 
 

Not analogous to former RC § 2907.06 (GC § 12435-1; 113 v 541; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.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 defines an offense analogous to certain types of sexual battery and corruption of a minor, except that it involves sexual contact rather than sexual conduct. 

The offense includes a sexual touching when the offender knows or has reasonable cause to believe the touching is offensive. In this regard, if the person engaging in sexual contact has no reasonable grounds to believe his conduct is offensive to the object of his attentions, or if the person touched is not in fact offended, there is no offense. The section also prohibits sexual contact when the victim's judgment is obviously impaired, or when the victim is unaware of the touching. Further, the section forbids sexual contact when the victim is in early adolescence and the offender is age 18 or over and 4 or more years older than the victim. 

Since the offense is of a type which may be particularly susceptible to abuse in prosecution, the section specifically provides that there can be no conviction based solely on the uncorroborated testimony of the victim. 

Sexual imposition is a misdemeanor of the third degree.