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Sexually Oriented Offenses Lawyers in Cleveland, Ohio

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ZLM obtained DISMISSAL of Client’s attempted rape and abduction charges, after ZLM uncovered and established that Client had been set up by complaining witness and her husband in a scheme to have the Client arrested and charged with crimes. The scheme included luring Client to residence on false pretenses, then having complaining witness’ husband “defend” his wife by attacking Client and chasing him from home. ZLM not only convinced prosecuting attorney to DISMISS all charges against Client, prosecuting attorney indicted complaining witness and husband. ZLM also sued and obtained judgment against complaining witness and husband in an amount in excess of 1.5 million dollars.

SEXUALLY ORIENTED OFFENSES SUMMARY:

In Ohio, there are many offenses that are classified as “sexually oriented offenses”. In addition to the possibility of incarceration and/or imprisonment, a conviction for a sexually oriented offense carries with it severe and debilitating collateral consequences, including sexual offender registration requirements. In short, a conviction for a sexually oriented offense is a life-altering event.

SEX OFFENDER CLASSIFICATIONS:

The Adam Walsh Child Protection and Safety Act (“Adam Walsh Act”) is a federal statute, which was enacted in 2006. The Act classifies sex offenders and sets standards for registration, creating a national registry. Ohio has implemented its own Adam Walsh Act. See O.R.C. § 2950 http://codes.ohio.gov/orc/2950 . Under the Adam Walsh Act sex offenders are classified on a tier level: Tier 1, Tier 2, and Tier 3, with Tier 1 being the least serious and Tier 3 the most serious. Each offense is classified as a specific Tier level.

SEX OFFENDER REGISTRATION:

The Sex Offender Registration and Notification Act (“SORNA”), Title I of the Adam Walsh Child Protection and Safety Act of 2006, sets out standards for sex offender registration. Ohio has substantively implemented SORNA.

For purposes of registration, a sex offender is any individual who was convicted of a sex offense. A sex offender must register in the jurisdiction where he resides, is an employee, and/or is a student. The offender must keep the registration up-to-date. Keeping registration up-to-date requires the offender to personally appear in a jurisdiction no later than 3 business following a change in address, employment, or student status to update his sex offender registry. The offender must also update the registry if the offender has a name change. If the offender is convicted in a jurisdiction other than the one in which he lives, then he must initially register there as well.

Ohio requires a Tier I offender to register for 15 years, a Tier II offender to register for 25 years, and a Tier III offender to register for life. Further, in-person appearances are generally required once a year for a Tier I offender, twice a year for a Tier II offender, and every three months for a Tier III offender.

The Ohio Registry can be viewed by anyone and contains information such as the offender’s name, Tier level, age, race, hair color, height, weight, eye color, any scars and/or tattoos, address, and the offense that the offender was convicted of, as well as the date of conviction. The registry also contains a current photograph of the offender.

CALL ZUKERMAN FOR SEXUALLY ORIENTED OFFENSES:

It’s an unfortunate fact that individuals charged with a sexually oriented offense face hostile prosecutors and harsh public opinion. In such cases, it may appear that the constitutional presumption of innocence is forgotten, and that persons so accused are guilty unless proven innocent. The attorneys at Zukerman, Lear & Murray Co., L.P.A. believe that an individual’s right to an effective and vigorous defense, regardless of the nature of the crime, is one of the self-evident truths described as an inalienable right in the Declaration of Independence. Make no mistake, being convicted of a sexually oriented offense can dramatically affect the rest of your life. Even if you’re not convicted, an investigation, arrest, and allegations alone can forever damage your career and reputation.

That is why pleading guilty to a sexually oriented offense is rarely acceptable. It is imperative that you hire an experienced, knowledgeable, and aggressive attorney to protect your rights, and to do so as early as possible – ideally, before charges are even brought. Even if you have already been convicted, relief may be available via appeal or a writ of habeas corpus. You need more than an attorney experienced in cases of this nature. You need a champion for your rights, a defender of your dignity, a professional advocate who will work with you and leave no stone unturned in fighting for your future.

SEXUALLY ORIENTED OFFENSES IN OHIO:

Under Ohio law, a “sexually oriented offense” is a violation of any of the following:

(1)       Rape, in violation of R.C. 2907.02;

(2)       Sexual Battery, in violation of R.C. 2907.03;

(3)       Gross Sexual Imposition, in violation of R.C. 2907.05;

(4)       Sexual Imposition, in violation of R.C. 2907.06;

(5)       Importuning, in violation of R.C. 2907.07;

(6)       Voyeurism, in violation of R.C. 2907.08;

(7)       Compelling Prostitution, in violation of R.C. 2907.21;

(8)       Promoting Prostitution, in violation of R.C. 2907.22;

(9)       Pandering Obscenity, in violation of R.C. 2907.32;

(10)     Pandering Obscenity Involving a Minor, in violation of R.C. 2907.321;

(11)     Pandering Sexually Oriented Matter Involving a Minor, in violation of R.C. 2907.322;

(12)     Illegal Use of Minor in Nudity-Oriented Material or Performance, in violation of R.C. 2907.323;

(13)     Unlawful Sexual Conduct With a Minor, in violation of R.C. 2907.04;

(14)     Aggravated Murder, in violation of R.C. 2903.01 when the violation was committed with a sexual motivation;

(15)     Murder, in violation of R.C. 2903.02 when the violation was committed with a sexual motivation;

(16)     Felonious Assault, in violation of R.C. 2903.11 when the violation was committed with a sexual motivation;

(17)     Involuntary Manslaughter, in violation of R.C. 2903.04 when the offender committed or attempted to commit the felony that is the basis of the violation with sexual motivation;

(18)     Menacing by Stalking, in violation of R.C. 2903.211(A)(3);

(19)     Kidnapping, in violation of R.C. 2905.01(A)(1), 2905.01(A)(2), 2905.01(A)(3), or 2905.01(A)(5), when the offense is committed with a sexual motivation;

(20)     Kidnapping, in violation of R.C. 2905.01(A)(4);

(21)     Kidnapping, in violation of R.C. 2905.01(B) when the victim of the offense is under 18 years of age and the offender is not a parent of the victim of the offense;

(22)     Voluntary Manslaughter, in violation of R.C. 2903.03(B);

(23)     Abduction, in violation of R.C. 2905.02(B);

(24)     Unlawful Restraint, in violation of R.C. 2905.03(B);

(25)     Criminal Child Enticement, in violation of R.C. 2905.05(B);

(26)     Endangering Children, in violation of R.C. 2919.22(B)(5);

(27)     Trafficking in Persons, in violation of R.C. 2905.32 when any of the following                applies:

(i)        R.C. 2905.32(A)(1) violation and the offender knowingly recruited, lured, enticed, isolated, harbored, transported, provided, obtained, or maintained, or knowingly attempted to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain, another person knowing that the person would be compelled to engage in sexual activity for hire, engage in a performance that was obscene, sexually oriented, or nudity oriented, or be a model or participant in the production of material that was obscene, sexually oriented, or nudity oriented.

(ii)       R.C. 2905.32(A)(2) violation and the offender knowingly recruited, lured, enticed, isolated, harbored, transported, provided, obtained, or maintained, or knowingly attempted to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain a person who is less than sixteen years of age or is a person with a developmental disability whom the offender knows or has reasonable cause to believe is a person with a developmental disability for any purpose listed in R.C. 2905.32 (A)(2)(a) to (c).

(iii)      R.C. 2905.32(A)(3) violation and the offender knowingly recruited, lured, enticed, isolated, harbored, transported, provided, obtained, or maintained, or knowingly attempted to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain a person who is sixteen or seventeen years of age for any purpose listed in R.C. 2905.32(A)(2)(a) to (c) and the circumstances described in R.C. 2907.03(A)(5), (6), (7), (8), (9), (10), (11), (12), or (13) apply with respect to the offender and the other person.

(28)     A violation of any former law of Ohio, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any of the above-listed offenses;

(29)     Soliciting, in violation of R.C. 2907.24(A)(3);

(30)     Any attempt to commit, conspiracy to commit, or complicity in committing any of                the above-listed offenses.

How Can We Serve You?

Your way of life and your future hangs in the balance, the attorneys at Zukerman are here to defend your freedom. Do not hesitate to contact us, we treat every matter seriously. Please fill out the form below and we will respond to your message as soon as possible.

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