Success for our Clients
GROSS SEXUAL IMPOSITION SUMMARY:
Gross Sexual Imposition occurs when an individual uses force, the threat of force, or the use of drugs or alcohol to substantially impair another’s judgment or control, in connection with “sexual contact.” Gross Sexual Imposition also occurs when an individual engages in “sexual contact” with another who is less than 13 years old.
GROSS SEXUAL IMPOSITION IN OHIO:
“Gross Sexual Imposition” is a felony, sexually-oriented offense in the State of Ohio that carries serious immediate and collateral consequences, if convicted. Gross Sexual Imposition or “GSI” for short, involves “sexual contact,” meaning the touching of another person’s erogenous area (thigh, genitals, buttock, public region, or female breast), for the purpose of sexual gratification, when any of the following apply: (1) the offender uses force or threat of force; (2) the offender uses drugs or alcohol to substantially impair the other’s judgment or control and this is done secretly, by force, threat of force, deception, or in connection with a medical procedure; or (3) the other person is less than 13 years old. The Ohio Statute for “Gross Sexual Imposition” is R.C. 2907.05 http://codes.ohio.gov/orc/2907.05 .
To be found guilty of GSI, the State does not have to prove that “sexual conduct,” meaning vaginal or anal intercourse, or oral sex, occurred, but only must only prove that someone committed an inappropriate sexual touching when accompanied by force, threat of force, the use of drugs or alcohol to substantially impair the other, or a victim less than 13 years old.
CONSEQUENCES OF CONVICTION FOR A GROSS SEXUAL IMPOSITION OFFENSE:
If the alleged victim is under the age of 13, then the crime of Gross Sexual Imposition is a Felony of the 3rd degree and the penalties can be severe. In most other cases it is a Felony of the 4th degree. Prison is mandatory in some circumstances. Nevertheless, the negative effects stemming from a conviction for GSI do not end with a prison term.
- Being a sexually oriented offense, an individual convicted of GSI will be labeled a sexual offender and be required to comply with Sex Offender Registration requirements for several years. See Sex Offender Registration
- Any individual charged with, or convicted of, GSI is prohibited from possessing a firearm.
- State law prohibits any individual charged with, or convicted of, GSI from possessing a firearm and federal law also prohibits any individual convicted of GSI from possessing a firearm. See, 18 U.S.C. 922(g) https://www.law.cornell.edu/uscode/text/18/922 ; R.C. 2923.13 http://codes.ohio.gov/orc/2923.13
- C. 2950.034 http://codes.ohio.gov/orc/2950.034 prohibits persons convicted of sexually oriented offenses from establishing or occupying a residence within 1,000 feet of any school premises or preschool or child day-care center premises.
SEX OFFENDER CLASSIFICATION FOR GROSS SEXUAL IMPOSITION:
Gross Sexual Imposition has a different classification, depending on which subsection of O.R.C. § 2907.05 the offender is convicted under.
A violation of O.R.C. § 2907.05(A)(1), (2), (3), or (5) is a Tier I offense, the least serious classification. A violation of O.R.C. § 2907.05(A)(4) is a Tier II offense. A violation of O.R.C. § 2907.05(B) is a Tier III offense, the most serious classification.
SEX OFFENDER REGISTRATION FOR GROSS SEXUAL IMPOSITION:
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 ABOUT GROSS SEXUAL IMPOSITION:
If you, or any member of your family, is under investigation for or has been charged with the offense of Gross Sexual Imposition don’t hesitate to contact the experienced lawyers at Zukerman, Lear & Murray Co., L.P.A. to represent the rights of you or your loved one.