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SEXUAL BATTERY SUMMARY:
Sexual Battery typically occurs when an individual uses his/her authority or position of trust over another to engage in sexual conduct with that person.
SEXUAL BATTERY IN OHIO:
Sexual Battery, in large part, criminalizes the use of a custodial relationship or position of authority or trust, to engage in sexual conduct with another person.
For example, teachers, coaches, and school administrators who engage in sexual conduct with their students commit Sexual Battery regardless of the other person’s consent. Jailers who engage in sexual conduct with inmates commit the offense of Sexual Battery. Similarly, religious leaders who engage in sexual conduct with congregation members under 18 years of age commit Sexual Battery.
Ohio’s “Sexual Battery” statute also criminalizes sexual conduct when the offender knowingly coerces another to submit by any means that would prevent resistance by a person of ordinary resolution; the offender knows the other’s ability to assess the nature of or control the other’s own conduct is substantially impaired; the offender knows that the other submitted, because the other person is unaware of the act being committed or the other person mistakenly identifies the offender as the other person’s spouse.
The Ohio “Sexual Battery” statute is R.C. 2907.03 http://codes.ohio.gov/orc/2907.03 .
CONSEQUENCES OF CONVICTION FOR A SEXUAL BATTERY OFFENSE:
- In Ohio, the crime of Sexual Battery is extremely serious, as it is not only a Felony of the 3rd degree with the potential for a prison sentence, but it is also a sexually oriented offense that requires the offender to register as a Sexual Offender, upon conviction.
- 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.
- An individual charged with, or convicted of, Sexual Battery is prohibited from possessing a firearm under both state and federal law.
- State law prohibits the possession of a firearm by an individual charged with, or convicted of, a felony offense of violence. See, R.C. 2923.13 http://codes.ohio.gov/orc/2923.13 .
- Federal law prohibits the possession of a firearm by an individual convicted of a felony offense punishable by a term of more than 1 year in prison. See, 18 U.S.C. 922(g) https://www.law.cornell.edu/uscode/text/18/922 .
SEX OFFENDER CLASSIFICATION FOR SEXUAL BATTERY:
Sexual Battery is a Tier III sexual offense, which is the most serious sexual offense classification.
SEX OFFENDER REGISTRATION FOR SEXUAL BATTERY:
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 III offender to register for life. Further, in-person appearances are generally required once 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 SEXUAL BATTERY:
If you or someone you know has been accused of Sexual Battery, contact the attorneys at Zukerman, Lear & Murray Co., L.P.A. today.