Legal Question in Criminal Law in Ohio

I live in Ohio, And I have a question regarding the consent laws. 2907.4 states.....

2907.04 Unlawful sexual conduct with minor.

(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.

(1) Except as otherwise provided in divisions (B)(2), (3), and (4) of this section, unlawful sexual conduct with a minor is a felony of the fourth degree.

(2) Except as otherwise provided in division (B)(4) of this section, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree.

(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.

(4) If the offender previously has been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code, unlawful sexual conduct with a minor is a felony of the second degree.

2907.4 (A) confuses me. I am 23 and I have been talking to a 16 year old turning seventeen next month. We really like each other her parents know my age and want to meet me. What is confusing is when 2907.4 (A) states ( 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)

Does this mean That at her current age of 16 it is legal for me to have consensual sex or is it illegal until she turns 18? Is it legal for us to date? Or do I have to wait to she is 18 before I can have any type of relationship with her?


Asked on 8/30/10, 2:12 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Looking at a single statute is not a good way to decide whether something is legal. Since the girl is over 16, consensual sex with her in Ohio would not violate this particular statute. Having sex with a 12-year-old also wouldn't violate this particular statute, but I am quite confident that there is another statute which it would violate. There might likewise be another statute which applies to sex with someone over 16 but under 18.

My very limited research says that in Ohio a 16-year-old can legally consent to sex, but I would prefer to hear from an Ohio lawyer.

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Answered on 9/04/10, 2:36 pm


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