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.
Under Ohio Revised Code Section 2907.04, if the offender is ten (10) years or more years older than the other person, unlawful sexual conduct with a minor is a felony of the third degree.
Age of Consent
In Ohio, the age of consent is 16 years old. This means anyone over the age of 16 may have sexual intercourse with anyone else who is also at least 16 years old.
It even goes so far as to allow a 16-year-old to engage in sexual intercourse with a 40-year-old as long as it is consensual and the older individual is not in a position of authority (e.g., the 16-year-old’s teacher or priest).
Any marriage involving a 16 or 17-year-old girl requires parental consent, but only judicial consent is required if the teenager is a boy.
Further, child pornography laws always apply even with incestuous relationships.
Even though there may be consent between a 16-year-old and a 30-year-old, the 30-year-old cannot film or photograph the 16-year-old in any state of nudity.
As with any sexual relationship or conduct between adults, it must be consensual. However, there are circumstances that involve individuals who do not have the capacity to provide consent.
For instance, the other person’s ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person’s ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.
When a parent or parental figure has sexual intercourse with their child, it is considered sexual battery, which is a third-degree felony in Ohio.
A conviction carries a maximum prison sentence of five years, fines of up to $10,000, and sex offender registration.
If the child is under 13, then the sexual battery charge becomes a second-degree felony. A conviction is punishable by up to eight years in prison, up to a $15,000 fine, and sex offender registration.
In Ohio, an individual who is 18 or older cannot engage in sexual conduct with a 13 to 16-year-old who is not their spouse.
- If the offender is less than 4 years older than the victim, it is a first-degree misdemeanor punishable by up to 180 days in jail, up to $1,000 in fines, or both.
- If the offender is between 4 and 9 years older than the victim, it is a fourth-degree felony punishable by up to 18 months in prison, up to $5,000 in fines, or both.
- If the offender is 10 or more years older than the victim, it is a third-degree felony punishable by up to 36 months in prison, up to $10,000 in fines, or both.
If you have been accused of an incest-related sex crime of any magnitude, contact Gounaris Abboud, LPA, to discuss your case and possible defenses.
Ohio Criminal Defense Attorneys
At Gounaris Abboud, LPA, our goal is always to provide the best possible outcome for our clients.
We have over 50 years of combined experience, and we pride ourselves on providing excellent legal counsel to all who come to us for help.
Our award-winning criminal defense attorneys will provide you with aggressive and reliable representation for your case from start to finish.
If you have been accused of an incest crime, contact us today to get started on your defense.