There are a over a dozen different crimes classified by the Ohio Revised Code as a sex crimes. The more common sex crimes include:
The Ohio Revised Code defines rape as “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” or “sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force.” Rape is a charged as a first-degree felony.
Being charged with rape is a very serious accusation that requires a proper defense strategy. By understanding the evidence the prosecution must provide, the Wieczorek Law Firm can provide you the appropriate defense against this offense.
The Ohio Revised Code lists over a dozen instances that apply to a “sexual battery” violation, which is charged as a felony in the third degree. The most common accusation involves the offender “knowingly” committing the act. Sexual battery also applies when the offender is a teacher or similar role and the accuser is a minor. If the victim is less than 13 years of age, this is considered a second-degree felony.
Unlawful Sexual Conduct with Minor
The Ohio Revised Code defines unlawful sexual conduct with a minor as a person who is eighteen years of age or engaging 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. Charges can range from a first degree misdemeanor to a fourth degree felony depending on the age of the offender in relation to the victim as well as previous offenses.
Gross Sexual Imposition
The Ohio Revised Code defines gross sexual imposition based on the type of sexual contact and the ability of the parties involved to resist or consent. The most important factor in defending a gross sexual imposition case is the corroborating of the evidence. In some cases, the Ohio Code states a victim need not prove physical resistance to the offender and that evidence of the victim’s sexual activity may not be utilized. Gross sexual imposition can be charged as a third or fourth-degree felony depending on the age of the victim and whether their judgement was substantially impaired by the alleged offender.
The Ohio Revised Code defines importuning as the “solicitation” of a person less than thirteen years of age to engage in sexual activity with the offender. This includes solicitation through the means of a “telecommunications device” and carries a minimum charge of a felony in the third degree, with harsher penalties for repeat offenders.
Voyeurism is defined in the Ohio Revised Code by committing trespass or invasion of privacy for the purpose of sexually arousing or gratifying the person’s self. This includes spying, eavesdropping, videotaping, and photographing. Penalties range from third degree misdemeanor to fifth degree felony.
The Ohio Revised Code lists three acts defined as public indecency:
1. Exposure of the person’s private parts
2. Engagement in masturbation
3. Engagement in conduct that would appear to be sexual conduct or masturbation
Public indecency carries a penalty of misdemeanor in the fourth degree for first conviction and harsher penalties for repeat offenders.
The Ohio Revised Code states that no person shall knowingly compel another to engage in sexual activity for hire or induce, procure, encourage, solicit, request, or otherwise facilitate a minor to engage in sexual activity for hire whether or not the offender knows the true age of the minor. For the purpose of prosecution, the element “compel” is not required to be openly displayed or physically exerted. The State must prove that the victim’s will was overcome in some way including force, fear, duress or intimidation. Compelling prostitution is considered a third-degree felony, but is increased to a second-degree felony if the sexual activity is engaged in with someone 16 years of age or older, but less than 18 years of age. If the victim is less than 16 years old, charges are increased to a first-degree felony.
Additional charges can be filed for promoting prostitution, as well as enticing or soliciting to patronize a prostitute. Charges range from a first degree misdemeanor to a fourth-degree felony.
The Ohio Revised Code names several offenses that can cause a person to be accused of a child pornography offense, but the three most common charges include the following:
1. Pandering obscenity involving a minor
2. Pandering sexually oriented matter involving a minor
3. Illegal use of minor in nudity-oriented material or performance
Charges for child pornography range from a fifth-degree felony and up to 12 months in prison and/or fine of up to $2500, to a second-degree felony with up to 8 years in prison and/or fine of up to $15,000.
The Wieczorek Law Firm defends clients throughout the greater Cincinnati area against sex crimes. Contact us 24/7 for a free review of your case. Time is not on your side and you need an attorney you can trust to utilizing every defense possible to receive the best outcome.