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Depending on the age of the offender, this offense can be either a first degree misdemeanor (if the offender is less than 4 years older than the accuser); a fourth degree felony (if the offender is less than less than 10 years but 4 years or more older than the accuser); or a third degree felony (if the offender is 10 years or more older than the accuser).
In addition to possible imprisonment, in Ohio there are also sex offender registration requirements.
In such a case (where the accuser is between 13 and 16 years old), the actor is guilty of the crime of “Unlawful Sexual Conduct with a Minor,” in violation of Ohio Revised Code Section 2907.04(A).
One major exception is if someone is a teacher, administrator, coach, or in another position of authority over the accuser.
If a person is in such a position of authority, and engages in sexual conduct with a minor (defined as under the age of 18 under Ohio law), then the person in authority may be guilty of the crime of “Sexual Battery,” in violation of Ohio Revised Code Section 2907.03(A)(8),(9), and (13).
Anyone charged with, or investigated for, the offense of Unlawful Sexual Conduct with a Minor, should immediately hire a criminal defense attorney with solid experience defending against alleged sex crimes, and should never talk with law enforcement without first retaining experienced legal counsel.
To sum up, having sex with a minor, including oral sex, can constitute any of the following crimes: (1) the crime of Unlawful Sexual Conduct with a Minor (in violation of Ohio revised Code Section 2907.04(A)) if the offender is 18 years of age or older and the minor is 13 years of age or older but under the age of 16; (2) the crime of Sexual Battery (in violation of Ohio Revised Code Section 2907.03(A)(8), (9), or (13)) if the offender is in a position of authority and the minor is under 18 years of age; (3) the crime of statutory Rape (a felony of the first degree in violation of Ohio Revised Code Section 2907.02(A)(1)(b)), if the minor is under the age of 13; or (4) the crime of soliciting a minor (in violation of Ohio Revised Code Section 2907.21(A)(2)(a)) if the offender solicits a person under the age of 18 to engage in sex for hire. Male Support Group – Support for males who have been victims of sexual assault. Meets weekly on Tuesday evenings at YWCA Downtown, 1018 Jefferson Avenue. Call Now for your A second exception, set forth in Ohio Revised Code Section 2907.21(A)(2)(a), is the crime of soliciting a minor for prostitution (called “Compelling Prostitution” under Ohio law) which makes it a third degree felony to solicit a minor (again defined as a person under the age of 18) for sex for hire.