Sexually-oriented charges are complicated, sensitive, and emotional. The attorneys at Hayes Law are experienced in defending against such charges – we know where to be aggressive, where to be delicate, and we have the relationships that earn credibility in negotiations. Contact Hayes Law if you find yourself charged with or under investigation for any of the following offenses or other Ohio sex crimes:
- Rape – It is unlawful for anyone to engage in sexual conduct when the victim is younger than 13 years old, the offender impairs the victim’s judgment or control, the victim is impaired by a mental or physical condition or advanced age, or the victim is compelled by force or the threat of force. Rape is a 1st degree felony and the maximum punishment depends on the circumstances.
- Gross Sexual Imposition (GSI) – It illegal to have sexual conduct for the purpose of sexual gratification under force or threat of force, if drugs or alcohol are used to substantially impair the other’s judgment or control and they are administered secretly, by force, threat of force, deception, or as part of a medical procedure, or if the other party is younger than 13. GSI does not require sex, only a touching that meet the discussed criteria. In most situations, these cases are considered as a 4th degree felony, but if certain factors exist it can be enhanced and prison can be mandatory in some circumstances.
- Sexual Imposition – It is illegal to have sexual contact with another if it is known that the touching is offensive, or is reckless; the accuser is substantially impaired and as a result is unable to understand, control or object, the accuser’s ability to appraise the nature of or control the touching is substantially impaired; the accuser is older than 13 but younger than 16; and the accused is over 18 and 4 or more years older than the accuser, or the accused is a mental health professional and the accuser is a client or patient. Sexual imposition is a 3rd degree misdemeanor; however, if certain prior sex crimes convictions exist, it can be a 1st degree misdemeanor.
- Sexual Battery – Ohio law defines sexual battery as engaging in sexual conduct under coercion, if the offender knows the victim’s control is impaired, the victim is unaware that the act is being committed, or the offender has a specific type of relationship with the victim. This includes a parent, guardian, teacher, coach, or mental health professional. Sexual battery is at least a 3rd degree felony, but can be enhanced to a 2nd degree felony with mandatory prison time in cases where the alleged victim is under 13 years old.
- Pandering & Child Pornography – It is illegal for a person, with knowledge of the material or performance involved, to create, reproduce, publish, promote, buy, possess, or control any obscene material. This is a 5th felony. If the circumstances include pandering obscenity involving a minor, the charge will be enhanced to a more severe felony, depending on the facts and the offender’s criminal past.
- Unlawful Sexual Conduct with a Minor (Statutory Rape) – Under Ohio law, it is unlawful for a person over 18 years old to knowingly perform sex acts with someone between 13 and 16 years old, or for a person to be reckless in knowing the victim’s age. This is at least a 4th degree felony. However, if the offender is fewer than four years older than the victim, it is a first-degree misdemeanor.
- Prostitution & Solicitation – Ohio law states that no person shall engage in sexual activity for hire. Prostitution is a third-degree misdemeanor. Moreover, it is illegal for any person to knowingly entice, solicit, or patronize a prostitute or brothel, or to procure a prostitute for someone else. While procurement of prostitution is a first-degree misdemeanor, it can be a felony under certain circumstances. Additionally, it is illegal for someone with prior knowledge of their positive HIV status to engage in sexual activity if they do not inform the other person and is considered a 2nd degree felony (Felonious Assault).
- Public Indecency – Under Ohio law, it is illegal for a person to knowingly or recklessly expose their private parts, masturbate, or engage in sexual conduct when it is likely to be viewed and offend others. Depending on the exact circumstances or if it involved a minor, this can be charged anywhere between a 4th degree misdemeanor and a 5th degree felony.