|
|
| To amend section 2907.03 of the Revised Code to | 1 |
| prohibit an employee of a public or nonpublic | 2 |
| school or institution of higher education from | 3 |
| engaging in sexual conduct with a minor who is | 4 |
| enrolled in or attends that public or nonpublic | 5 |
| school or who is enrolled in or attends that | 6 |
| institution of higher education and is also | 7 |
| enrolled in or attends a public or nonpublic | 8 |
| school. | 9 |
| Section 1. That section 2907.03 of the Revised Code be | 10 |
| amended to read as follows: | 11 |
| Sec. 2907.03. (A) No person shall engage in sexual conduct | 12 |
| with another, not the spouse of the offender, when any of the | 13 |
| following apply: | 14 |
| (1) The offender knowingly coerces the other person to submit | 15 |
| by any means that would prevent resistance by a person of ordinary | 16 |
| resolution. | 17 |
| (2) The offender knows that the other person's ability to | 18 |
| appraise the nature of or control the other person's own conduct | 19 |
| is substantially impaired. | 20 |
| (3) The offender knows that the other person submits because | 21 |
| the other person is unaware that the act is being committed. | 22 |
| (4) The offender knows that the other person submits because | 23 |
| the other person mistakenly identifies the offender as the other | 24 |
| person's spouse. | 25 |
| (5) The offender is the other person's natural or adoptive | 26 |
| parent, or a stepparent, or guardian, custodian, or person in loco | 27 |
| parentis of the other person. | 28 |
| (6) The other person is in custody of law or a patient in a | 29 |
| hospital or other institution, and the offender has supervisory or | 30 |
| disciplinary authority over the other person. | 31 |
| (7) The offender is a teacher, administrator, coach, or other | 32 |
|
person in authority employed by or serving in | 33 |
|
nonpublic school
| 34 |
| 35 | |
| 36 | |
| or nonpublic school, the other person is enrolled in or attends | 37 |
| that school, and the offender is not enrolled in and does not | 38 |
| attend that school. | 39 |
| (8) The other person is a minor, the offender is a teacher, | 40 |
| administrator, coach, or other person in authority employed by or | 41 |
| serving in an institution of higher education, and the other | 42 |
| person is enrolled in or attends that institution, or the offender | 43 |
| is a person employed by an institution of higher education, the | 44 |
| other person is a minor, and the other person is enrolled in or | 45 |
| attends that institution and is enrolled in or attends a public or | 46 |
| nonpublic school. | 47 |
| (9) The other person is a minor, and the offender is the | 48 |
| other person's athletic or other type of coach, is the other | 49 |
| person's instructor, is the leader of a scouting troop of which | 50 |
| the other person is a member, or is a person with temporary or | 51 |
| occasional disciplinary control over the other person. | 52 |
| (10) The offender is a mental health professional, the other | 53 |
| person is a mental health client or patient of the offender, and | 54 |
| the offender induces the other person to submit by falsely | 55 |
| representing to the other person that the sexual conduct is | 56 |
| necessary for mental health treatment purposes. | 57 |
| (11) The other person is confined in a detention facility, | 58 |
| and the offender is an employee of that detention facility. | 59 |
| (12) The other person is a minor, the offender is a cleric, | 60 |
| and the other person is a member of, or attends, the church or | 61 |
| congregation served by the cleric. | 62 |
| (13) The other person is a minor, the offender is a peace | 63 |
| officer, and the offender is more than two years older than the | 64 |
| other person. | 65 |
| (B) Whoever violates this section is guilty of sexual | 66 |
| battery. Except as otherwise provided in this division, sexual | 67 |
| battery is a felony of the third degree. If the other person is | 68 |
| less than thirteen years of age, sexual battery is a felony of the | 69 |
| second degree, and the court shall impose upon the offender a | 70 |
| mandatory prison term equal to one of the prison terms prescribed | 71 |
| in section 2929.14 of the Revised Code for a felony of the second | 72 |
| degree. | 73 |
| (C) As used in this section: | 74 |
| (1) "Cleric" has the same meaning as in section 2317.02 of | 75 |
| the Revised Code. | 76 |
| (2) "Detention facility" has the same meaning as in section | 77 |
| 2921.01 of the Revised Code. | 78 |
| (3) "Institution of higher education" means a state | 79 |
| institution of higher education defined in section 3345.011 of the | 80 |
| Revised Code, a private nonprofit college or university located in | 81 |
| this state that possesses a certificate of authorization issued by | 82 |
| the Ohio board of regents pursuant to Chapter 1713. of the Revised | 83 |
| Code, or a school certified under Chapter 3332. of the Revised | 84 |
| Code. | 85 |
| (4) "Nonpublic school" means a school, other than a public | 86 |
| school, for which the state board of education prescribes minimum | 87 |
| standards pursuant to division (D) of section 3301.07 of the | 88 |
| Revised Code. | 89 |
| (5) "Peace officer" has the same meaning as in section | 90 |
| 2935.01 of the Revised Code. | 91 |
| (6) "Public school" means a school operated by the board of | 92 |
| education of a school district, a community school established | 93 |
| under Chapter 3314. of the Revised Code, a STEM school established | 94 |
| under Chapter 3326. of the Revised Code, or a college-preparatory | 95 |
| boarding school established under Chapter 3328. of the Revised | 96 |
| Code. | 97 |
| Section 2. That existing section 2907.03 of the Revised Code | 98 |
| is hereby repealed. | 99 |