What is Unlawful Sexual Conduct with a Minor in Ohio?

What is Unlawful Sexual Conduct with a Minor According to Ohio Revised Code Section 2907.04?

Unlawful Sexual Conduct with a Minor in Ohio is defined by Ohio Revised Code Section 2907.04. Pursuant to Ohio Revised Code Section 2907.04, 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. 

What Does This Mean?

Written more simply, Ohio Revised Code Section 2907.04 states that a person may be convicted of Unlawful Sexual Conduct with a Minor in Ohio if an offender is over the age of 18 and engages in sexual conduct with a person between the ages of 13 and 15. To support a conviction of Unlawful Sexual Conduct with a Minor in Ohio, the offender must know of the other person’s age, or be reckless in that regard.

What is Sexual Conduct?

Ohio Revised Code Section 2907.01 defines sexual conduct as vaginal intercourse between a male and female; anal intercourse, fellatio/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.

What Does Reckless in Regard to Age Mean?

Ohio Revised Code Section 2901.22 states that a person is reckless with respect to circumstances when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that such circumstances are likely to exist. In cases involving allegations of Unlawful Sexual Conduct with a Minor in Ohio, a person may be reckless in regard to age if the offender knows that the other person a freshman in high school, the other person does not possess their driving permit, or other circumstances that would lead an ordinary person to believe the other person is under the age of 16.

What Are The Penalties For Unlawful Sexual Conduct with a Minor in Ohio?

The penalties for Unlawful Sexual Conduct with a Minor in Ohio vary depending on the age of the offender compared to the victim.

• If the victim is 13 to 15 years old and the offender is less than four years older than them, Unlawful Sexual Conduct with a Minor is a misdemeanor of the first degree, which is punishable by a term of imprisonment of up to six months and/or up to a $1,000.00 fine. In addition, the offender will be classified as a Tier I sex-offender and will be required to register every 12 months for 15 years.
• If the victim is 13 to 15 years old and the offender is more than four years older, but less than 10 years older than the victim, Unlawful Sexual Conduct with a Minor is a felony of the fourth degree, which is punishable by a term of imprisonment of 6 to 18 months and/or up to a $5,000.00 fine. In addition, the offender will be classified as a Tier II sex-offender and will be required to register every 180 days for 25 years.
• If the victim is 13 to 15 years old and the offender is more than 10 years older than the victim, Unlawful Sexual Conduct with a Minor is a felony of the third degree, which is punishable by a term of imprisonment of 9 to 60 months and/or up to a $10,000.00 fine. In addition, the offender will be classified as a Tier III sex-offender and will be required to register every 90 days for life.
• If the offender has been previously convicted of a violent sex crime, regardless of the age of the parties, Unlawful Sexual Conduct with a Minor is a felony of the second degree, which is punishable by a term of imprisonment of 2 to 8 years and/or up to a $15,000.00 fine. In addition, the offender will be classified as a Tier III sex-offender and will be required to register every 90 days for life.

What to do if You Are Accused of Unlawful Sexual Conduct with a Minor in Ohio

Being accused of Unlawful Sexual Conduct with a Minor in Ohio carries significant consequences and can have an extreme effect on one’s life, regardless of whether they are convicted or not. If you, or someone you know has been accused of Unlawful Sexual Conduct with a Minor in Ohio, it is recommended that you contact a criminal defense attorney who has specific knowledge and experience handling Unlawful Sexual Conduct with a Minor cases in Ohio. It is important to speak to an experienced Ohio criminal defense attorney before speaking to anyone about the allegations, as anything you say can and will likely be used against you, even if the statement is not made to law enforcement.

An experienced Ohio criminal defense attorney will be able to discuss your case and the allegations against you, help you gather evidence that may be beneficial for your defense, give advice on how to speak and act around loved ones who know about the accusations, and make sure that you are treated properly throughout any investigation or proceeding. If you are contacted by law enforcement, it is never recommended to make a statement. Instead, be polite but respectfully decline answering any questions. Immediately, contact an experienced Ohio criminal defense attorney. 

At Friedman Nemecek Long & Grant, L.L.C., our team of experienced criminal defense attorneys have travelled all across the State of Ohio representing individuals facing criminal investigations or charges related to Unlawful Sexual Conduct with a Minor allegations. Our lawyers stay abreast of the constant changes in legislation and/or court cases to ensure that our clients receive the most comprehensive and effective representation available. If you have questions regarding such matters, or you have been subjected to, or accused of, Unlawful Sexual Conduct with a Minor or other sexual misconduct, please call the law firm of Friedman Nemecek, & Long, L.L.C., at (888) 694-4645 for an initial consultation.