As Reported by the Senate Judiciary--Criminal Justice Committee

127th General Assembly
Regular Session
2007-2008
Sub. H. B. No. 209


Representative Core 

Cosponsors: Representatives McGregor, J., Bacon, Yuko, McGregor, R., Collier, Adams, Strahorn, Stebelton, Domenick, Fende, Luckie, Setzer, Seitz, Bubp, Dodd, Aslanides, Batchelder, Blessing, Coley, Combs, DeBose, Driehaus, Dyer, Evans, Flowers, Gardner, Gibbs, Goyal, Hagan, J., Hite, Hughes, Letson, Lundy, Mandel, Newcomb, Oelslager, Otterman, J., Reinhard, Schindel, Slesnick, Webster, Williams, B. 

Senator Turner 

A BILL
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


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       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 conduct8
with another, not the spouse of the offender, when any of the9
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 to14
appraise the nature of or control the other person's own conduct15
is substantially impaired.16

       (3) The offender knows that the other person submits because17
the other person is unaware that the act is being committed.18

       (4) The offender knows that the other person submits because19
the other person mistakenly identifies the offender as the other20
person's spouse.21

       (5) The offender is the other person's natural or adoptive22
parent, or a stepparent, or guardian, custodian, or person in loco23
parentis of the other person.24

       (6) The other person is in custody of law or a patient in a25
hospital or other institution, and the offender has supervisory or26
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 or35
serving in an institution of higher education, and the other36
person is enrolled in or attends that institution.37

       (9) The other person is a minor, and the offender is the38
other person's athletic or other type of coach, is the other39
person's instructor, is the leader of a scouting troop of which40
the other person is a member, or is a person with temporary or41
occasional disciplinary control over the other person.42

       (10) The offender is a mental health professional, the other43
person is a mental health client or patient of the offender, and44
the offender induces the other person to submit by falsely45
representing to the other person that the sexual conduct is46
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 relationship between the offender and the other 54
person arose while the offender was performing the offender's 55
official duties as a peace officer.56

       (B) Whoever violates this section is guilty of sexual57
battery. Except as otherwise provided in this division, sexual 58
battery is a felony of the third degree. If the other person is 59
less than thirteen years of age, sexual battery is a felony of the 60
second degree, and the court shall impose upon the offender a 61
mandatory prison term equal to one of the prison terms prescribed 62
in section 2929.14 of the Revised Code for a felony of the second 63
degree.64

       (C) As used in this section:65

       (1) "Cleric" has the same meaning as in section 2317.02 of 66
the Revised Code.67

       (2) "Detention facility" has the same meaning as in section68
2921.01 of the Revised Code.69

       (3) "Institution of higher education" means a state70
institution of higher education defined in section 3345.011 of the71
Revised Code, a private nonprofit college or university located in72
this state that possesses a certificate of authorization issued by73
the Ohio board of regents pursuant to Chapter 1713. of the Revised74
Code, or a school certified under Chapter 3332. of the Revised75
Code.76

       (4) "Peace officer" has the same meaning as in section 77
2935.01 of the Revised Code.78

       Section 2. That existing section 2907.03 of the Revised Code 79
is hereby repealed.80

       Section 3.  Section 2907.03 of the Revised Code is presented 81
in this act as a composite of the section as amended by both Am. 82
Sub. H.B. 95 and Am. Sub. S.B. 17 of the 126th General Assembly. 83
The General Assembly, applying the principle stated in division 84
(B) of section 1.52 of the Revised Code that amendments are to be 85
harmonized if reasonably capable of simultaneous operation, finds 86
that the composite is the resulting version of the section in 87
effect prior to the effective date of the section as presented in 88
this act.89