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H. B. No. 209 As Reported by the House Criminal Justice CommitteeAs Reported by the House Criminal Justice Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives McGregor, J., Bacon, Yuko, McGregor, R., Collier, Adams, Strahorn, Stebelton, Domenick, Fende, Luckie, Setzer, Seitz, Bubp, Dodd
A BILL
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.
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
conduct
with another, not the spouse of the offender, when any of
the
following apply:
(1) The offender knowingly coerces the other person to
submit
by any means that would prevent resistance by a person of
ordinary
resolution.
(2) The offender knows that the other person's ability to
appraise the nature of or control the other person's
own conduct
is substantially impaired.
(3) The offender knows that the other person submits
because
the other person is unaware that the act is
being committed.
(4) The offender knows that the other person submits
because
the other person mistakenly identifies the offender as the other
person's spouse.
(5) The offender is the other person's natural or adoptive
parent, or a stepparent, or guardian, custodian, or person in
loco
parentis of the other person.
(6) The other person is in custody of law or a patient in
a
hospital or other institution, and the offender has supervisory
or
disciplinary authority over the other person.
(7) The offender is a teacher, administrator, coach, or
other
person in
authority employed by or serving in a school for
which
the state board of
education prescribes minimum standards
pursuant
to division (D) of section
3301.07 of the Revised Code,
the other
person is
enrolled in or attends that school, and the
offender is
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
serving in
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
other person's
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
person.
(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, and the offender is a peace
officer.
(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
degree.
(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
in section
3345.011 of the
Revised
Code, a private nonprofit
college or university located in
this state that
possesses a
certificate of authorization issued by
the Ohio board of regents
pursuant to Chapter 1713. of the Revised
Code, or a school
certified under
Chapter 3332. of the Revised
Code.
(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
in
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
this act.
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