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| To amend section 2907.03 of the Revised Code to | 1 |
| expand the offense of "sexual battery" to prohibit | 2 |
| a peace officer from engaging in sexual conduct | 3 |
| with a minor who is not the officer's spouse in | 4 |
| specified circumstances. | 5 |
| Section 1. That section 2907.03 of the Revised Code be | 6 |
| amended to read as follows: | 7 |
| Sec. 2907.03. (A) No person shall engage in sexual conduct | 8 |
| with another, not the spouse of the offender, when any of the | 9 |
| following apply: | 10 |
| (1) The offender knowingly coerces the other person to submit | 11 |
| by any means that would prevent resistance by a person of ordinary | 12 |
| resolution. | 13 |
| (2) The offender knows that the other person's ability to | 14 |
| appraise the nature of or control the other person's own conduct | 15 |
| is substantially impaired. | 16 |
| (3) The offender knows that the other person submits because | 17 |
| the other person is unaware that the act is being committed. | 18 |
| (4) The offender knows that the other person submits because | 19 |
| the other person mistakenly identifies the offender as the other | 20 |
| person's spouse. | 21 |
| (5) The offender is the other person's natural or adoptive | 22 |
| parent, or a stepparent, or guardian, custodian, or person in loco | 23 |
| parentis of the other person. | 24 |
| (6) The other person is in custody of law or a patient in a | 25 |
| hospital or other institution, and the offender has supervisory or | 26 |
| disciplinary authority over the other person. | 27 |
| (7) The offender is a teacher, administrator, coach, or other | 28 |
| person in authority employed by or serving in a school for which | 29 |
| the state board of education prescribes minimum standards pursuant | 30 |
| to division (D) of section 3301.07 of the Revised Code, the other | 31 |
| person is enrolled in or attends that school, and the offender is | 32 |
| not enrolled in and does not attend that school. | 33 |
| (8) The other person is a minor, the offender is a teacher, | 34 |
| administrator, coach, or other person in authority employed by or | 35 |
| serving in an institution of higher education, and the other | 36 |
| person is enrolled in or attends that institution. | 37 |
| (9) The other person is a minor, and the offender is the | 38 |
| other person's athletic or other type of coach, is the other | 39 |
| person's instructor, is the leader of a scouting troop of which | 40 |
| the other person is a member, or is a person with temporary or | 41 |
| occasional disciplinary control over the other person. | 42 |
| (10) The offender is a mental health professional, the other | 43 |
| person is a mental health client or patient of the offender, and | 44 |
| the offender induces the other person to submit by falsely | 45 |
| representing to the other person that the sexual conduct is | 46 |
| necessary for mental health treatment purposes. | 47 |
| (11) The other person is confined in a detention facility, | 48 |
| and the offender is an employee of that detention facility. | 49 |
| (12) The other person is a minor, the offender is a cleric, | 50 |
| and the other person is a member of, or attends, the church or | 51 |
| congregation served by the cleric. | 52 |
| (13) The other person is a minor, the offender is a peace | 53 |
| officer, and the offender is more than two years older than the | 54 |
| other person. | 55 |
| (B) Whoever violates this section is guilty of sexual | 56 |
| battery. Except as otherwise provided in this division, sexual | 57 |
| battery is a felony of the third degree. If the other person is | 58 |
| less than thirteen years of age, sexual battery is a felony of the | 59 |
| second degree, and the court shall impose upon the offender a | 60 |
| mandatory prison term equal to one of the prison terms prescribed | 61 |
| in section 2929.14 of the Revised Code for a felony of the second | 62 |
| degree. | 63 |
| (C) As used in this section: | 64 |
| (1) "Cleric" has the same meaning as in section 2317.02 of | 65 |
| the Revised Code. | 66 |
| (2) "Detention facility" has the same meaning as in section | 67 |
| 2921.01 of the Revised Code. | 68 |
| (3) "Institution of higher education" means a state | 69 |
| institution of higher education defined in section 3345.011 of the | 70 |
| Revised Code, a private nonprofit college or university located in | 71 |
| this state that possesses a certificate of authorization issued by | 72 |
| the Ohio board of regents pursuant to Chapter 1713. of the Revised | 73 |
| Code, or a school certified under Chapter 3332. of the Revised | 74 |
| Code. | 75 |
| (4) "Peace officer" has the same meaning as in section | 76 |
| 2935.01 of the Revised Code. | 77 |
| Section 2. That existing section 2907.03 of the Revised Code | 78 |
| is hereby repealed. | 79 |
| Section 3. Section 2907.03 of the Revised Code is presented | 80 |
| in this act as a composite of the section as amended by both Am. | 81 |
| Sub. H.B. 95 and Am. Sub. S.B. 17 of the 126th General Assembly. | 82 |
| The General Assembly, applying the principle stated in division | 83 |
| (B) of section 1.52 of the Revised Code that amendments are to be | 84 |
| harmonized if reasonably capable of simultaneous operation, finds | 85 |
| that the composite is the resulting version of the section in | 86 |
| effect prior to the effective date of the section as presented in | 87 |
| this act. | 88 |