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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 | |
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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 |