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H. B. No. 578 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Boyd, Fedor, Grossman, Lynch, Patmon, Stebelton
A BILL
To amend section 2907.03 of the Revised Code to
prohibit an employee of a public or nonpublic
school or institution of higher education from
engaging in sexual conduct with a minor who is
enrolled in or attends that public or nonpublic
school or who is enrolled in or attends that
institution of higher education and is also
enrolled in or attends a public or nonpublic
school.
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 any public or
nonpublic school
for which the state board of education
prescribes minimum standards pursuant to division (D) of section
3301.07 of the Revised Code or is a person employed by any public
or nonpublic school, 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, or the offender
is a person employed by an institution of higher education, the
other person is a minor, and the other person is enrolled in or
attends that institution and is enrolled in or attends a public or
nonpublic school.
(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, the offender is a peace
officer, and the offender is more than two years older than the
other person.
(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) "Nonpublic school" means a school, other than a public
school, for which the state board of education prescribes minimum
standards pursuant to division (D) of section 3301.07 of the
Revised Code.
(5) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(6) "Public school" means a school operated by the board of
education of a school district, a community school established
under Chapter 3314. of the Revised Code, a STEM school established
under Chapter 3326. of the Revised Code, or a college-preparatory
boarding school established under Chapter 3328. of the Revised
Code.
Section 2. That existing section 2907.03 of the Revised Code
is hereby repealed.
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