Effective: March 22, 2020
Latest Legislation: Senate Bill 201, Senate Bill 229 - 132nd General Assembly
(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:
(1) The offender purposely compels the other person, or one of the other persons, to submit by force or threat of force.
(2) For the purpose of preventing resistance, the offender substantially impairs the judgment or control of the other person or of one of the other persons by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
(3) The offender knows that the judgment or control of the other person or of one of the other persons is substantially impaired as a result of the influence of any drug or intoxicant administered to the other person with the other person's consent for the purpose of any kind of medical or dental examination, treatment, or surgery.
(4) The other person, or one of the other persons, is less than thirteen years of age, whether or not the offender knows the age of that person.
(5) The ability of the other person to resist or consent or the ability of one of the other persons to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the ability to resist or consent of the other person or of one of the other persons is substantially impaired because of a mental or physical condition or because of advanced age.
(B) No person shall knowingly touch the genitalia of another, when the touching is not through clothing, the other person is less than twelve years of age, whether or not the offender knows the age of that person, and the touching is done with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
(C) Whoever violates this section is guilty of gross sexual imposition.
(1) Except as otherwise provided in this section, gross sexual imposition committed in violation of division (A)(1), (2), (3), or (5) of this section is a felony of the fourth degree. If the offender under division (A)(2) of this section substantially impairs the judgment or control of the other person or one of the other persons by administering any controlled substance, as defined in section 3719.01 of the Revised Code, to the person surreptitiously or by force, threat of force, or deception, gross sexual imposition committed in violation of division (A)(2) of this section is a felony of the third degree.
(2) Gross sexual imposition committed in violation of division (A)(4) or (B) of this section is a felony of the third degree. Except as otherwise provided in this division, for gross sexual imposition committed in violation of division (A)(4) or (B) of this section there is a presumption that a prison term shall be imposed for the offense. The court shall impose on an offender convicted of gross sexual imposition in violation of division (A)(4) or (B) of this section a mandatory prison term, as described in division (C)(3) of this section, for a felony of the third degree if either of the following applies:
(a) Evidence other than the testimony of the victim was admitted in the case corroborating the violation;
(b) The offender previously was convicted of or pleaded guilty to a violation of this section, rape, the former offense of felonious sexual penetration, or sexual battery, and the victim of the previous offense was less than thirteen years of age.
(3) A mandatory prison term required under division (C)(2) of this section shall be a definite term from the range of prison terms provided in division (A)(3)(a) of section 2929.14 of the Revised Code for a felony of the third degree.
(D) A victim need not prove physical resistance to the offender in prosecutions under this section.
(E) Evidence of specific instances of the victim's sexual activity, opinion evidence of the victim's sexual activity, and reputation evidence of the victim's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, or the victim's past sexual activity with the offender, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
Evidence of specific instances of the defendant's sexual activity, opinion evidence of the defendant's sexual activity, and reputation evidence of the defendant's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, the defendant's past sexual activity with the victim, or is admissible against the defendant under section 2945.59 of the Revised Code, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
(F) Prior to taking testimony or receiving evidence of any sexual activity of the victim or the defendant in a proceeding under this section, the court shall resolve the admissibility of the proposed evidence in a hearing in chambers, which shall be held at or before preliminary hearing and not less than three days before trial, or for good cause shown during the trial.
(G) Upon approval by the court, the victim may be represented by counsel in any hearing in chambers or other proceeding to resolve the admissibility of evidence. If the victim is indigent or otherwise is unable to obtain the services of counsel, the court, upon request, may appoint counsel to represent the victim without cost to the victim.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Structure Ohio Revised Code
Section 2907.01 | Sex Offenses General Definitions.
Section 2907.03 | Sexual Battery.
Section 2907.04 | Unlawful Sexual Conduct With Minor.
Section 2907.05 | Gross Sexual Imposition.
Section 2907.06 | Sexual Imposition.
Section 2907.07 | Importuning.
Section 2907.09 | Public Indecency.
Section 2907.10 | Preliminary Polygraph Test of Sex Offense Victim.
Section 2907.11 | Suppression of Names of Victim and Offender and Details of the Alleged Offense.
Section 2907.171 | Prosecutor's Failure to Give Notice.
Section 2907.19 | Commercial Sexual Exploitation of a Minor.
Section 2907.21 | Compelling Prostitution.
Section 2907.22 | Promoting Prostitution.
Section 2907.231 | Engaging in Prostitution.
Section 2907.24 | Soliciting; Solicitation After a Positive HIV Test.
Section 2907.241 | Loitering to Engage in Solicitation - Solicitation After Positive HIV Test.
Section 2907.25 | Prostitution - After Positive HIV Test.
Section 2907.26 | Rules of Evidence in Brothel and Prostitution Cases.
Section 2907.27 | Testing and Treatment for Venereal Diseases and Hiv.
Section 2907.28 | Payment for Medical Examination and Test of Any Victim or Accused.
Section 2907.29 | Hospital Emergency Services for Victims of Sexual Offenses.
Section 2907.30 | Interview of Victim by Crisis Intervention Trained Officer.
Section 2907.31 | Disseminating Matter Harmful to Juveniles.
Section 2907.311 | Displaying Matter Harmful to Juveniles.
Section 2907.32 | Pandering Obscenity.
Section 2907.321 | Pandering Obscenity Involving a Minor or Impaired Person.
Section 2907.322 | Pandering Sexually Oriented Matter Involving a Minor or Impaired Person.
Section 2907.33 | Deception to Obtain Matter Harmful to Juveniles.
Section 2907.34 | Compelling Acceptance of Objectionable Materials.
Section 2907.35 | Presumptions in Obscenity Cases.
Section 2907.36 | Declaratory Judgment Action.
Section 2907.37 | Injunction - Nuisance.
Section 2907.38 | Permitting Unlawful Operation of Viewing Booths Depicting Sexual Conduct.
Section 2907.40 | Illegally Operating Sexually Oriented Business.
Section 2907.41 | Person Charged With Subsequent Sexual Offense - Setting of Bail.