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(127th General Assembly)
(Amended Substitute House Bill Number 209)
To amend section 2907.03 of the Revised Code to
expand the offense of "sexual battery" to prohibit
a peace officer from engaging in sexual conduct
with a minor who is not the officer's spouse in
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 2907.03 of the Revised Code be
amended to read as follows:
Sec. 2907.03. (A) No person shall engage in sexual
with another, not the spouse of the offender, when any of
(1) The offender knowingly coerces the other person to
by any means that would prevent resistance by a person of
(2) The offender knows that the other person's ability to
appraise the nature of or control the other person's
is substantially impaired.
(3) The offender knows that the other person submits
the other person is unaware that the act is
(4) The offender knows that the other person submits
the other person mistakenly identifies the offender as the other
(5) The offender is the other person's natural or adoptive
parent, or a stepparent, or guardian, custodian, or person in
parentis of the other person.
(6) The other person is in custody of law or a patient in
hospital or other institution, and the offender has supervisory
disciplinary authority over the other person.
(7) The offender is a teacher, administrator, coach, or
authority employed by or serving in a school for
the state board of
education prescribes minimum standards
to division (D) of section
3301.07 of the Revised Code,
enrolled in or attends that school, and the
not enrolled in and
does not attend that school.
(8) The other person is a minor, the offender is a teacher,
administrator, coach, or other person in authority employed by or
an institution of higher education, and the other
person is enrolled in or attends that institution.
(9) The other person is a minor, and the offender is the
athletic or other type of coach, is the other
person's instructor, is the
leader of a scouting troop of which
the other person is a member, or is a
person with temporary or
occasional disciplinary control over the other
(10) The offender is a mental health professional, the other
person is a mental health client or patient of the offender, and
the offender induces the other person to submit by falsely
representing to the other person that the
sexual conduct is
necessary for mental health treatment purposes.
(11) The other person is confined in a detention facility,
and the offender is an employee of that detention facility.
(12) The other person is a minor, the offender is a cleric,
and the other person is a member of, or attends, the church or
congregation served by the cleric.
(13) The other person is a minor, the offender is a peace
officer, and the offender is more than two years older than the
(B) Whoever violates this section is guilty of sexual
battery. Except as otherwise provided in this division, sexual
battery is a felony of the third degree. If the other person is
less than thirteen years of age, sexual battery is a felony of the
second degree, and the court shall impose upon the offender a
mandatory prison term equal to one of the prison terms prescribed
in section 2929.14 of the Revised Code for a felony of the second
(C) As used in this section:
(1) "Cleric" has the same meaning as in section 2317.02 of
the Revised Code.
(2) "Detention facility" has the same meaning as in section
2921.01 of the Revised Code.
(3) "Institution of higher
education" means a state
institution of higher education defined
3345.011 of the
Code, a private nonprofit
college or university located in
this state that
certificate of authorization issued by
the Ohio board of regents
pursuant to Chapter 1713. of the Revised
Code, or a school
Chapter 3332. of the Revised
(4) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
SECTION 2. That existing section 2907.03 of the Revised Code
is hereby repealed.
SECTION 3. Section 2907.03 of the Revised Code is presented
this act as a composite of the section as amended by both Am.
Sub. H.B. 95 and Am. Sub. S.B. 17 of
the 126th General Assembly.
The General Assembly, applying the
principle stated in division
(B) of section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in