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State law requires that, in addition to the applicable fines and prison time, people convicted of certain sexual crimes (including some instances of statutory rape) must register as sex offenders. This offense is a third degree felony, which is punishable by at least one (and up to five) years in prison, a fine of up to $10,000, or both. Gross sexual imposition includes sexual contact (sexual touching, without penetration, for the purpose of arousing or gratifying sexual desires) with a minor who is younger than 13. And if the defendant is fewer than four years older than the victim, the offense is a first degree misdemeanor, punishable by up to six months in jail, a fine of up to $1,000, or both. If the defendant is ten or more years older than the victim, the offense is a third degree felony, and penalties include at least one (and up to five) years in prison, a fine of up to $10,000, or both.
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It is a fourth degree felony if the defendant is four or more (but fewer than ten) years older than the victim, and is punishable by at least six months in jail (and up to 18 months in prison), a fine of up to $5,000, or both. Unlawful sexual conduct with a minor includes sexual conduct between a minor who is 13, 14, or 15, and a defendant who is 18 or older. The justices reasoned that when two children younger than 13 engage in sexual conduct, the distinction between the offender and the victim breaks down. However, in 2011 the Ohio Supreme Court held that the law was unconstitutional when applied to a child younger than 13 years old who engages in sexual activity with another child younger than 13. Ohio's rape law was written to apply to sexual conduct between a minor who is younger than 13 and a defendant of any age. Ohio's Rape Law When Applied to Defendants Younger Than 13 Years Old Rape is a first degree felony, which is punishable by at least three years (and up to life) in prison, a fine of up to $20,000, or both. Rape includes sexual conduct (genital, oral, or anal sex, or penetration with an object or body part, however slight) with a minor who is younger than 13. The law is complex and changes regularly. If you are trying to determine the legality of any kind of conduct, make sure to consult an experienced criminal defense attorney. The information in this article provides an overview of the law relating to statutory rape. Penalties depend on the ages of the defendant and victim, and the conduct that occurred, as described below. Statutory rape is prosecuted under Ohio's rape and sex crime laws. Ohio's Statutory Rape Laws and Potential Penalties Assaults of a sexual nature may also be charged under the state's assault and battery or child enticement laws. Of course, rape that does involve force or an assault is illegal in Ohio and prosecuted as forcible rape. Though statutory rape does not require that the prosecutor prove an assault, it is still rape. The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age (for example, two teenagers of the same age), as opposed to sex between a minor and a much older adult. Their incapacity is written into the statute-hence the term, "statutory" rape. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. Those who break the law have committed statutory rape. In Ohio, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 16), even if the sex is consensual.