O.R.C. 2907.02 Rape & O.R.C. 2907.04 Unlawful sexual conduct with minor

Rape is defined as a person engaging in sexual conduct with another person (who is not married to that person or who is married but lives apart from the offender) if any of the following methods apply: use of drugs to prevent victim's resistance, the victim is less than 13 years old (regardless of known age), the victim is mentally or physically disabled, or the offender uses force or threats of force.

Unlawful sexual conduct with a minor is similar to rape, however the age will be known in this category, and when the victim is between 13 and 16 years old, this statute is violated.

Additional Information:

If both the offender and the victim are between the ages of 13-17, there is no sexual offense unless there is force or coercion involved.

If the victim is under the age of 13, and the offender is 18 years or older, the sexual conduct is a first-degree felony where the maximum punishment is life in prison.

If the victim is from the age of 13 to 15, and the offender is 18 years or older, but less than 4 years older than the victim, the sexual conduct is a first-degree misdemeanor—violative of 2907.04 Unlawful sexual conduct with minor.

If the victim is from the age of 13 to 15, and the offender is 18 years or older, the sexual conduct is a fourth-degree felony—violative of 2907.04 Unlawful sexual conduct with minor.

If the victim is from the age of 13 to 15, and the offender is more than 10 years older than the victim, this is a third-degree felony—violative of 2907.04 Unlawful sexual conduct with minor.

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