Sex With a Minor
Unlawful Sexual Conduct With a Minor in Ohio
People have been engaging in consensual sexual intercourse for thousands
of years despite having a two, four, or even ten year age difference;
however, these days states nationwide have criminalized sexual conduct
between two people that are within a certain age difference apart. Initially,
such statutory rape-type laws were enforced to discourage teenage pregnancies,
and to force fathers to support their children born out of wedlock. Unfortunately,
these laws penalized a number of other people who don't fall into
either of these categories, resulting in unnecessary, life-altering convictions.
Even though sex with a minor frequently involves minors who give their
consent, and even minors who instigate the whole sexual relationship,
the consequences can still be disastrous for the older person because
in Ohio, unlawful sexual conduct with a minor requires sex offender registration.
Becoming a registered sex offender can be devastating, thus impacting
your relationships, your career and the way people view you.
Laws Regarding Sexual Conduct with a Minor
Under Section 2907.04 Unlawful sexual conduct with minor, it is unlawful
for anyone aged eighteen or older to have sexual conduct with another
who is not their spouse when the offender has knowledge that the person
is aged thirteen or older, but less than sixteen years of age. When a
person violates §2907.04, they are guilty of unlawful sexual conduct
with a minor which is a felony of the fourth degree.
If the offender is less than four years older than the other party, then
unlawful sexual conduct of a minor is a first degree misdemeanor; for
example, if the other person was fifteen years of age, and the offender
was eighteen years of age, then the offender would be guilty of a misdemeanor
in the first degree.
If the offender was ten or more years older than the other person, then
unlawful sexual conduct with a minor is considered a third degree felony
offense. If the offender was previously convicted for having unlawful
sex with a minor, then the offense is prosecuted as a felony of the second degree.
Sex Offender Registration
As of January 1, 2008, the state of Ohio made changes to their sex offender
laws. Ohio became one of the first states in the U.S. to adopt provisions
from the Adam Walsh Act, which was signed into federal law in 2006. States
were required to implement the provisions of the Adam Walsh Act; otherwise
they would risk losing valuable federal block grant money.
The Adam Walsh Act created a universal method for determining sex offender
classifications, and the requirements for each classification nationwide.
In Ohio, the County Sheriff is responsible for registering sex offenders,
and all sex offenders must register with the County Sheriff on a scheduled
and periodic basis, which is predetermined by their Tier classification.
What's more, all sex offenders must report any change pertaining to
their home address, or school enrollment, or a new job, or enrolment in
a college.Unlawful sexual conduct with a minor less than 4 years older
than the victim, and without any previous convictions is a Tier 1 offense
and requires 15 years sex offender registration with address verification
on an annual basis.
Criminal Defense Representation in Sex Offense Cases
Unlawful sexual conduct with a minor in Ohio is a felony in the fourth
degree, which is punishable by a prison term of 6 to 18 months, up to
$5,000 in fines, and mandatory post-release control. For certain offenses,
the Ohio Revised Code mandates what is called post-release control for
crimes that occurred on or after July 1, 1996. Post-release control refers
to where offenders are required to receive basic supervision where they
are actively supervised by a parole officer. If someone violates their
post-release control, then they are subject to progressively harsher penalties.
At the Law Office of Brian Jones, LLC, we want to do everything we can
to reduce, if not eliminate the consequences that you face. If the act
was consensual, or especially if you didn't know the other person's
true age, then you should not be forced to face the full wrath of the
criminal justice system, especially when it could involve a mandatory
15 year sex offender registration term.
If you are being accused of having sex with a minor and you are over eighteen
years of age, then we urge you to
contact our office right away to discuss the details of your case and how we can help you
combat your charges.