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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 |
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 | 34 |
or nonpublic school
| 35 |
36 | |
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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 |