EFFECTIVE 2/1/06 VERSION 1.04
UNIT 2: LEGAL 2-2C-7
C. Sexual Battery
1. ELEMENTS OF SEXUAL BATTERY
ORC 2907.03
SPO #1
TOPIC 2C: OHIO REVISED CODE 2907, SEXUAL ASSAULT
PEACE OFFICER BASIC TRAINING CURRICULUM
EFFECTIVE 2/1/06 VERSION 1.04
UNIT 2: LEGAL 2-2C-8
OHIO PEACE OFFICER TRAINING COMMISSION
a. Engage in sexual conduct?
b. With another person not the spouse of the
offender when any of the following apply:
1. Offender knowingly coerces the other person
to submit by any means that would prevent
resistance by a person of ordinary resolution
OR
2. Offender knows that the other person?s ability
to appraise the nature of or control his or her
conduct is substantially impaired
OR
3. Offender knows the other person submits
because he or she is unaware the act is being
committed
OR
4. Offender knows the other person submits
because s/he mistakenly identifies the
offender as his or her spouse
OR
5. Offender is other person?s natural or adoptive
parent, step-parent, guardian, custodian or
person in loco parentis
OR
6. Other person is in custody of law or is a
patient in a hospital or other institution AND
offender has supervisory or disciplinary
authority over the person
7. The offender is a teacher, administrator, coach
or other person in authority employed by a
school governed by state board of education,
the other person is enrolled/attends that
school and the offender is not enrolled in that
school
TOPIC 2C: OHIO REVISED CODE 2907, SEXUAL ASSAULT
PEACE OFFICER BASIC TRAINING CURRICULUM
EFFECTIVE 2/1/06 VERSION 1.04
UNIT 2: LEGAL 2-2C-9
OHIO PEACE OFFICER TRAINING COMMISSION
8. The other person is a minor enrolled in an
institution of higher education and the offender
is a teacher, administrator, coach or other
person in authority employed by that institution
9. The other person is a minor and the offender
is the other person?s coach, instructor, scout
troop leader or person with temporary or
occasional disciplinary control over the other
person
10. The offender is a mental health professional?
and?
a. The victim is a patient?
and?
b. The offender induces the victim to submit
by falsely representing that sexual conduct
is necessary for mental health treatment
purposes
2. Degree of offense:
a. F-3 in all circumstances;
b. Mandatory sentence of at least 3 years
3. Interpretation of Elements
a. Person ?In Loco Parentis? is a person who has
assumed the dominant parental role and is relied
upon by the child for support
b. A teacher or coach is not considered to be ?in loco
parentis?
c. A POLICE OFFICER WHO ENGAGES IN
SEXUAL CONDUCT WITH A PRISONER IS
GUILTY OF SEXUAL BATTERY, EVEN IF THE
SEXUAL CONDUCT WAS CONSENSUAL
D. Unlawful Sexual Conduct with a minor
1. ELEMENTS OF UNLAWFUL SEXUAL CONDUCT
WITH A MINOR
State v. Moggle (1993) 67
Ohio St. 3d 31
SPO #1
ORC 2907.04
ORC 2907.04
SPO #1
TOPIC 2C: OHIO REVISED CODE 2907, SEXUAL ASSAULT
PEACE OFFICER BASIC TRAINING CURRICULUM
EFFECTIVE 2/1/06 VERSION 1.04
UNIT 2: LEGAL 2-2C-10
OHIO PEACE OFFICER TRAINING COMMISSION
a. A person, 18 years old or older?
b. Engages in sexual conduct?
c. With another person who is not his or her spouse
when:
1. Offender knows the other person is 13 years
of age or older, but less than 16 years of age
OR
2. Offender is reckless in this regard
2. Degree of Offense
a. F-4
b. Offender is less than 4 years older than other
person, M-1
c. If the offender is 10 or more years older than the
victim; F-3
d. If offender has been previously convicted of Rape,
Sexual Battery, Unlawful Sexual Conduct with a
Minor, or the former crime of Felonious Sexual
Penetration; F-2
3. Interpreting Elements
a. Prohibition of sexual conduct when offenders 18
or over and partner is 13 to 15 years of age:
1. Defendant is 18 and partner is 15 (M-1)
2. Defendant is 25 and partner is 15 (F-4)
3. Defendant is 16 and partner is 15 (No offense)
4. Defendant is 18 and partner is 12 (Rape)
b. Consensual sexual conduct is still a violation
E. Gross Sexual Imposition
1. ELEMENTS OF GROSS SEXUAL IMPOSITION
ORC 2907.05
SPO #1
TOPIC 2C: OHIO REVISED CODE 2907, SEXUAL ASSAULT
PEACE OFFICER BASIC TRAINING CURRICULUM
EFFECTIVE 2/1/06 VERSION 1.04
UNIT 2: LEGAL 2-2C-11
OHIO PEACE OFFICER TRAINING COMMISSION
a. Having sexual contact with another who is not the
spouse of the offender
OR
b. Causing another to have sexual contact with
offender who is not the spouse of the offender
OR
c. Cause 2 or more other persons to have sexual
contact
d. When any of the following applies:
1. Offender purposely compels the other person,
or one of the other persons, to submit by force
or threat of force
OR
2. For purpose of preventing resistance, offender
substantially impairs the other person?s, or one
of the other person?s judgment or control:
a. By administering any drug or intoxicant or
controlled substance
b. Surreptitiously
c. By Force
d. By threat of force
OR
e. By deception
OR
3. Offender knows that the other person?s or one
of the other person?s judgment or control is
substantially impaired by drug or intoxicant or
controlled substance administered with the
person?s consent for purpose of medical or
dental examination, treatment or surgery
OR
Sexual Contact Crime
TOPIC 2C: OHIO REVISED CODE 2907, SEXUAL ASSAULT
PEACE OFFICER BASIC TRAINING CURRICULUM
EFFECTIVE 2/1/06 VERSION 1.04
UNIT 2: LEGAL 2-2C-12
OHIO PEACE OFFICER TRAINING COMMISSION
4. Other person, or one of the other persons, is
less than 13 years old regardless of whether
offender knows the other person?s age
OR
5. Ability of other person or one of the other
person?s resistance or consent is substantially
impaired because of a mental or physical
condition or advanced age AND offender
knows or has reasonable cause to believe
ability to resist or consent of the other person,
or one of the other persons, is substantially
impaired because of mental or physical
condition or advanced age
2. F-4
3. If offender impairs victim?s judgment by administration
of a controlled substance surreptitiously or by force,
threat of force or deception; F-3
4. When victim is under 13 years of age; F-3
5. Interpreting Elements
a. Same elements as rape, except sexual contact as
opposed to sexual conduct
b. A father who touches his minor daughter?s
buttocks with wrongful intent during a back-rub
can be convicted for gross sexual imposition
c. A man who backs a woman co-worker against a
wall and places his arms in such a way that she
cannot move away is exerting sufficient force to
sustain a conviction of gross sexual imposition
d. Victim need not prove physical resistance to
sustain a conviction for Gross Sexual Imposition
F. Sexual Imposition
1. ELEMENTS OF SEXUAL IMPOSITION
a. Have sexual contact with another who is not the
offender?s spouse
OR
State v. Schaim (1992) 65
Ohio St. 3d 51
ORC 2907.06
SPO #1
TOPIC 2C: OHIO REVISED CODE 2907, SEXUAL ASSAULT
PEACE OFFICER BASIC TRAINING CURRICULUM
EFFECTIVE 2/1/06 VERSION 1.04
UNIT 2: LEGAL 2-2C-13
OHIO PEACE OFFICER TRAINING COMMISSION
b. Cause another to have sexual contact with the
offender who is not the spouse of the offender
OR
c. Cause 2 or more others to have sexual contact
WHEN
d. Any of the following applies:
1. Offender knows the sexual contact is offensive
to the other person OR one of the other
persons OR is reckless in that regard
2. Offender knows the other person?s, ability to
appraise the nature of his conduct or to control
his conduct is substantially impaired
OR
3. Offender knows the other person, or one of the
other persons, submits because of being
unaware of the sexual contact
OR
4. The other person, or one of the other persons,
is 13 years of age or older but less than 16
years of age regardless of whether offender
knows such age and offender is at least 18
years old and 4 or more years older than the
other person
5. The offender is a mental health professional?
and?
a. The victim is a patient?
and?
b. The offender induces the victim to submit
by falsely represent that sexual contact is
necessary for mental health treatment
purposes
