Bill Text: OH HB241 | 2013-2014 | 130th General Assembly | Engrossed

---

Bill Title: To prohibit an employee of a public or nonpublic school or institution of higher education who is not in a position of authority from engaging in sexual conduct with a minor at least four years younger than the employee 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.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2014-05-15 - To Criminal Justice [HB241 Detail]

Download: Ohio-2013-HB241-Engrossed.html

---

As Passed by the House

130th General Assembly Regular Session 2013-2014

Am. H. B. No. 241

Representative Hagan, C. 

Cosponsors: Representatives Becker, Buchy, Grossman, Hood, Stebelton, Amstutz, Anielski, Barborak, Barnes, Bishoff, Boyce, Brenner, Brown, Burkley, Butler, Carney, Celebrezze, Cera, DeVitis, Driehaus, Gerberry, Hall, Hayes, Hottinger, Landis, McClain, Milkovich, O'Brien, Patterson, Pelanda, Perales, Phillips, Pillich, Rogers, Rosenberger, Scherer, Schuring, Sears, Sheehy, Slaby, Strahorn, Thompson, Winburn Speaker Batchelder 

---

A BILL

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 who is

3

not in a position of authority from engaging in

4

sexual conduct with a minor at least four years

5

younger than the employee who is enrolled in or

6

attends that public or nonpublic school or who is

7

enrolled in or attends that institution of higher

8

education and is also enrolled in or attends a

9

public or nonpublic school.

10

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2907.03 of the Revised Code be	11
amended to read as follows:	12

Sec. 2907.03.  (A) No person shall engage in sexual conduct	13
with another, not the spouse of the offender, when any of the	14
following apply:	15

(1) The offender knowingly coerces the other person to submit	16
by any means that would prevent resistance by a person of ordinary	17
resolution.	18

(2) The offender knows that the other person's ability to	19
appraise the nature of or control the other person's own conduct	20
is substantially impaired.	21

(3) The offender knows that the other person submits because	22
the other person is unaware that the act is being committed.	23

(4) The offender knows that the other person submits because	24
the other person mistakenly identifies the offender as the other	25
person's spouse.	26

(5) The offender is the other person's natural or adoptive	27
parent, or a stepparent, or guardian, custodian, or person in loco	28
parentis of the other person.	29

(6) The other person is in custody of law or a patient in a	30
hospital or other institution, and the offender has supervisory or	31
disciplinary authority over the other person.	32

(7)(a) The offender is a teacher, administrator, coach, or	33
other person in authority employed by or serving in aany public	34
or nonpublic school for which the state board of education	35
prescribes minimum standards pursuant to division (D) of section	36
3301.07 of the Revised Code, the other person is enrolled in or	37
attends that school, and the offender is not enrolled in and does	38
not attend that school;	39

(b) The offender is a person who is employed by any public or	40
nonpublic school and is not described in division (A)(7)(a) of	41
this section, the other person is enrolled in or attends that	42
school and is at least four years younger than the offender, and	43
the offender is not enrolled in and does not attend that school.	44

(8)(a) The other person is a minor, the offender is a	45
teacher, administrator, coach, or other person in authority	46
employed by or serving in an institution of higher education, and	47
the other person is enrolled in or attends that institution.	48

(b) The offender is a person who is employed by an	49
institution of higher education and is not described in division	50
(A)(8)(a) of this section, the other person is a minor who is at	51
least four years younger than the offender, and the other person	52
is enrolled in or attends that institution, regardless of whether	53
that person also is enrolled in or attends a public or nonpublic	54
school.	55

(9) The other person is a minor, and the offender is the	56
other person's athletic or other type of coach, is the other	57
person's instructor, is the leader of a scouting troop of which	58
the other person is a member, or is a person with temporary or	59
occasional disciplinary control over the other person.	60

(10) The offender is a mental health professional, the other	61
person is a mental health client or patient of the offender, and	62
the offender induces the other person to submit by falsely	63
representing to the other person that the sexual conduct is	64
necessary for mental health treatment purposes.	65

(11) The other person is confined in a detention facility,	66
and the offender is an employee of that detention facility.	67

(12) The other person is a minor, the offender is a cleric,	68
and the other person is a member of, or attends, the church or	69
congregation served by the cleric.	70

(13) The other person is a minor, the offender is a peace	71
officer, and the offender is more than two years older than the	72
other person.	73

(B) Whoever violates this section is guilty of sexual	74
battery. Except as otherwise provided in this division, sexual	75
battery is a felony of the third degree. If the other person is	76
less than thirteen years of age, sexual battery is a felony of the	77
second degree, and the court shall impose upon the offender a	78
mandatory prison term equal to one of the prison terms prescribed	79
in section 2929.14 of the Revised Code for a felony of the second	80
degree.	81

(C) As used in this section:

82

(1) "Cleric" has the same meaning as in section 2317.02 of	83
the Revised Code.	84

(2) "Detention facility" has the same meaning as in section	85
2921.01 of the Revised Code.	86

(3) "Institution of higher education" means a state	87
institution of higher education defined in section 3345.011 of the	88
Revised Code, a private nonprofit college or university located in	89
this state that possesses a certificate of authorization issued by	90
the Ohio board of regents pursuant to Chapter 1713. of the Revised	91
Code, or a school certified under Chapter 3332. of the Revised	92
Code.	93

(4) "Nonpublic school" means a school, other than a public	94
school, for which the state board of education prescribes minimum	95
standards pursuant to division (D) of section 3301.07 of the	96
Revised Code.	97

(5) "Peace officer" has the same meaning as in section	98
2935.01 of the Revised Code.	99

(6) "Public school" means a school operated by the board of	100
education of a school district, a community school established	101
under Chapter 3314. of the Revised Code, a STEM school established	102
under Chapter 3326. of the Revised Code, or a college-preparatory	103
boarding school established under Chapter 3328. of the Revised	104
Code.	105

Section 2. That existing section 2907.03 of the Revised Code	106
is hereby repealed.	107