Sexual battery - Ohio Sexual Assault Laws
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Sexual battery Crime & Punishment in Ohio :
The Ohio code § 2907.03 defines two degrees of the crime sexual battery, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.
Severity |
Sexual battery - Charge Description |
Punishment |
Felony of the second degree
STATUTORY
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If the victim is under age thirteen
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2-8 years in prison
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Felony of the third degree
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- No person shall engage in sexual conduct with another, not the spouse of the offender, when the victim is a minor, the offender is a peace officer, and the offender is more than two years older than the other person.
- No person shall engage in sexual conduct with another, not the spouse of the offender, when the victim is a minor and the offender is a cleric.
- No person shall engage in sexual conduct with another, not the spouse of the offender, when the victim is confined in a detention facility, and the offender is an employee of that detention facility.
- No person shall engage in sexual conduct with another, not the spouse of the offender, when the offender is a mental health professional; the victim is a mental health client or patient of the offender.
- No person shall engage in sexual conduct with another, not the spouse of the offender, when the victim is a minor, and the offender is the other person’s athletic or other type of coach, is the other person’s instructor, or is the leader of a scouting troop.
- No person shall engage in sexual conduct with another, not the spouse of the offender, when the victim is a minor, the offender is a teacher, administrator, coach, or other person in authority.
- No person shall engage in sexual conduct with another, not the spouse of the offender, when the offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school.
- No person shall engage in sexual conduct with another, not the spouse of the offender, when the victim is in custody of law or a patient in a hospital or other institution, and the offender has supervisory or disciplinary authority over the other person.
- No person shall engage in sexual conduct with another, not the spouse of the offender, when the offender is the victim’s natural or adoptive parent or guardian.
- No person shall engage in sexual conduct with another, not the spouse of the offender, when the offender knows that the victim submits because the victim mistakenly identifies the offender as the other person’s spouse.
- No person shall engage in sexual conduct with another, not the spouse of the offender, when the offender knows that the victim submits because the victim is unaware that the act is being committed.
- No person shall engage in sexual conduct with another, not the spouse of the offender, when the offender knows that the victim’s ability to appraise the nature of or control the victim’s own conduct is substantially impaired.
- No person shall engage in sexual conduct with another, not the spouse of the offender, when the offender knowingly coerces the victim to submit by any means that would prevent resistance by a person of ordinary resolution.
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1-5 years in prison
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Ohio law allows sexual battery to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the Ohio Age of Consent, even if the victim willingly engages in sexual relations with the defendant.
Sexual battery defined in other states :
Sexual battery is a charge in a total of eleven other state(s). The exact definition, charge type, and potential sentencing of this charge varying state to state. For further details please refer to the state page.
State | Charge Type(s) | Punishment(s) |
Florida | Capital felony; Felony in the first degree; First degree felony; Life Felony; Second degree felony; Third degree felony | Death; Up to 30 years in Prison; Up to 15 years; Sentence not to exceed life; Up to 5 years |
Georgia | Felony; Misdemeanor of a high and aggravated nature; Misdemeanor of high and
aggravated nature | 1-5 years in prison; Up to 12 months in prison, maximum fine of $5,000; Up to 12 months; $5,000 fine |
Indiana | Class C felony; Class D felony | 4 year sentence; up to $10,000 fine; 1.5 year sentence; up to $10,000 fine |
Kansas | Class A person misdemeanor | Up to 1 year in prison |
Louisiana | Felony | Up to 10 years in prison (with or without hard labor) without probation/parole/ suspension |
Mississippi | | Court determines sentence; 20 years to life; Sentence not more than 30 years, or fined up to
$10,000, or both (up to 40 years for subsequent offense); Sentence of not more than 5 years, fine up to $5,000, or both; Up to 30 years (Subsequent offense is up to 40 years) |
North Carolina | Class A1 misdemeanor | Up to 150 days in prison in prison |
Oklahoma | Felony | Sentence of 1-15 years |
Tennessee | Class E felony | Maximum of 6 years in prison and a maximum fine $3,000 |
Virginia | Class 1 misdemeanor | A maximum of 12 months in prison, and/or a maximum fine of $2,500 |
Wyoming | Misdemeanor | Maximum of 1 year in prison, and/or a maximum fine of $1,000 |
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