Full question:
I am 15 years old, residing with my mother and stepfather in Ohio. Last night my stepfather forced me to have sex with him. My stepfather is 45 years old. What is the statutory provision under which my stepfather may be punished?
- Category: Criminal
- Subcategory: Statutory Rape
- Date:
- State: Ohio
Answer:
In Ohio, per ORC Ann. 2907.04, it is unlawful for a person who is above 18 years to have sexual conduct with a person who is less than 16 years of age (but above 13 years). If the offender, guilty of such a sexual conduct, is ten or more years older than the victim, then the offender may be held guilty under ORC Ann. 2907.04 of unlawful sexual conduct with a minor. In addition, per ORC Ann. 2907.04 (B) (1), an unlawful sexual conduct with a minor is a felony of the fourth degree.ORC Ann. 2907.01 defines the term Sexual conduct as:
“(A) "Sexual conduct" means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus 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.”
ORC Ann. 2907.04 states that:
“(A) 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.
(B) Whoever violates this section is guilty of unlawful sexual conduct with a minor.
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(3) Except as otherwise provided in division (B)(4) of this section, if the offender is ten or more years older than the other person, unlawful sexual conduct with a minor is a felony of the third degree.”
ORC Ann. 2907.04 states that:
“(A) 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.
(B) Whoever violates this section is guilty of unlawful sexual conduct with a minor.
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(3) Except as otherwise provided in division (B)(4) of this section, if the offender is ten or more years older than the other person, unlawful sexual conduct with a minor is a felony of the third degree.”
ORC Ann. 3109.01 defines the age of majority.
“All persons of the age of eighteen years or more, who are under no legal disability, are capable of contracting and are of full age for all purposes.”
ORC Ann. 2929.14 describes the punishment for unlawful sexual conduct with a minor.
“(b) For a felony of the third degree that is not an offense for which division (A)(3)(a) of this section applies, the prison term shall be nine, twelve, eighteen, twenty-four, thirty, or thirty-six months.”
Thus, under ORC Ann. 2907.04, the stepfather may be punished for unlawful sexual conduct with the minor (felony of the third degree). Under ORC Ann. 2929.14, the stepfather may be imprisoned for a term of 9-36 months.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
