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Ohio Revised Code

Ohio Rev. Code § 2907.01 (2026)

Sex offenses general definitions

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Effective:
March 21, 2025
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Senate Bill 109 - 135th General Assembly
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As used in sections 2907.01 to 2907.38 and 2917.211 of the Revised Code:

(A) "Sexual conduct" means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

(B) "Sexual contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.

(C) "Sexual activity" means sexual conduct or sexual contact, or both.

(D) "Prostitute" means a male or female who promiscuously engages in sexual activity for hire, regardless of whether the hire is paid to the prostitute or to another.

(E) "Harmful to juveniles" means that quality of any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sado-masochistic abuse in any form to which all of the following apply:

(1) The material or performance, when considered as a whole, appeals to the prurient interest of juveniles in sex.

(2) The material or performance is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles.

(3) The material or performance, when considered as a whole, lacks serious literary, artistic, political, and scientific value for juveniles.

(F) When considered as a whole, and judged with reference to ordinary adults or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to that group, any material or performance is "obscene" if any of the following apply:

(1) Its dominant appeal is to prurient interest;

(2) Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement, or nudity in a way that tends to represent human beings as mere objects of sexual appetite;

(3) Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty, or brutality;

(4) Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way that inspires disgust or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral, or artistic purpose;

(5) It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty, or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose.

(G) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(H) "Nudity" means the showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.

(I) "Juvenile" means an unmarried person under the age of eighteen.

(J) "Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record, or tape, or other tangible thing capable of arousing interest through sight, sound, or touch and includes an image or text appearing on a computer monitor, television screen, liquid crystal display, or similar display device or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape, or similar data storage device.

(K) "Performance" means any motion picture, preview, trailer, play, show, skit, dance, or other exhibition performed before an audience.

(L) "Spouse" means a person married to an offender at the time of an alleged offense, except that such person shall not be considered the spouse when any of the following apply:

(1) When the parties have entered into a written separation agreement authorized by section 3103.06 of the Revised Code;

(2) During the pendency of an action between the parties for annulment, divorce, dissolution of marriage, or legal separation;

(3) In the case of an action for legal separation, after the effective date of the judgment for legal separation.

(M) "Minor" means a person under the age of eighteen.

(N) "Mental health client or patient" has the same meaning as in section 2305.51 of the Revised Code.

(O) "Mental health professional" has the same meaning as in section 2305.115 of the Revised Code.

(P) "Sado-masochistic abuse" means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained.

(Q) "Place where a person has a reasonable expectation of privacy" means a place where a reasonable person would believe that the person could fully disrobe in private.

(R) "Private area" means the genitals, pubic area, buttocks, or female breast below the top of the areola, where nude or covered by an undergarment.

(S) "Licensed medical professional" means any of the following medical professionals:

(1) A physician assistant licensed under Chapter 4730. of the Revised Code;

(2) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery;

(3) A massage therapist licensed under Chapter 4731. of the Revised Code.

Last updated January 29, 2025 at 3:00 PM

Notes of Decisions
Cited in 1,061 cases (380 in the last 5 years), 1975–2026 · leading case: Sovereign News Co. v. Falke, 448 F. Supp. 306 (N.D. Ohio 1977).
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Sovereign News Co. v. Falke, 448 F. Supp. 306 (N.D. Ohio 1977). · cites it 84× “The Court concludes that Ohio R.C. § 2907.01 restricts material which is not ‘obscene’, making the statute overbroad.”
Bookfriends, Inc. v. Taft, 223 F. Supp. 2d 932 (S.D. Ohio 2002). · cites it 55× “(2) As used in all provisions of sections 2907.01 to 2907.37 of the Revised Code that are not identified in division (J)(l) of this section, “material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film,…”
State v. Kearns, 2016-Ohio-5941, 71 N.E.3d 681. · cites it 20× “In addition, a close reading of R.C. 2907.01 in its entirety shows that the statute is not vague but rather extremely precise in defining what conduct is prohibited.”
State v. Martin (Slip Opinion), 2016-Ohio-7196, 75 N.E.3d 109. · cites it 36× “{¶ 7} R.C. 2907.01 provides: As used in sections 2907.”
State v. D.H., 2018-Ohio-559. · cites it 13× “95 had never been enacted, because "penetration of the vaginal cavity" within the meaning of former R.C. 2907.01(A) is penetration of the introitus.”
State v. Mundy, 650 N.E.2d 502 (Ohio Ct. App. 2d Dist. 1994). · cites it 11× “05(A)(4): “[T]he proper method is to permit the trier of fact to infer from the evidence presented at trial whether the purpose of the defendant was sexual arousal or gratification by his contact with those areas of the body described in R.C. 2907.01. In making its decision the…”
In re D.S. (Slip Opinion), 2017-Ohio-8289, 93 N.E.3d 937. · cites it 9× “” R.C. 2907.01(A). Notably, there is no mens rea element for the state to prove under R.”
State v. Dunlap, 2011-Ohio-4111, 953 N.E.2d 816. · cites it 10× “{¶ 12} In the jury instructions regarding gross sexual imposition, the trial court instructed the jury as to the element of “sexual contact,” as defined in R.C. 2907.01(B): {¶ 13} “Sexual contact. Sexual contact means any touching of an erogenous zone of another, including…”
State v. Solomon, 2021-Ohio-940. · cites it 8× “Indeed, Ohio courts have typically found that the list of erogenous zones in R.C. 2907.01 is a non-exhaustive list. See State v.”
Am. Booksellers Found. for Free Expression v. Strickland, 512 F. Supp. 2d 1082 (S.D. Ohio 2007). · cites it 22× “However, before the appeal could be heard, the Ohio General Assembly made significant changes to §§ 2907.01 and 2907.31, with House Bill 490.”
State v. Thacker, 2021-Ohio-2726. · cites it 6× “19CA18 13 shall remove another from the place where the other person is found or restrain the liberty of the other person, for any of the following purposes: * * * (4) To engage in sexual activity, as defined in section 2907.01 of the Revised Code, with the victim against the…”
State v. Wolfe, 534 N.E.2d 920 (Ohio Ct. App. 10th Dist. 1987). · cites it 41× “” *121 The state contends that R.C. 2907.01 must be considered in its entirety, and both the statute and applicable case law require the court to overrule the motion to dismiss.”
Show all 1,061 citing cases →
Ohio Rev. Code § 2907.01(A): 584 cases
State v. D.H., 2018-Ohio-559. “95 had never been enacted, because "penetration of the vaginal cavity" within the meaning of former R.C. 2907.01(A) is penetration of the introitus.”
State v. Wells, 740 N.E.2d 1097 (Ohio 2001).
State v. Strong, 2011-Ohio-4947.
In re D.S. (Slip Opinion), 2017-Ohio-8289, 93 N.E.3d 937. “” R.C. 2907.01(A). Notably, there is no mens rea element for the state to prove under R.”
State v. Ferguson, 450 N.E.2d 265 (Ohio 1983).
Ohio Rev. Code § 2907.01(A)(1): 11 cases
State v. Henry, 2009-Ohio-3535.
State v. Torres, 2023-Ohio-1406, 213 N.E.3d 287.
State v. Anderson, 2024-Ohio-843.
State v. D.S., 2021-Ohio-1725.
State v. Roark, 2013-Ohio-217.
Ohio Rev. Code § 2907.01(A)(1)(b): 9 cases
State v. Setty, 2014-Ohio-2340.
In re T.W., 2018-Ohio-3275, 112 N.E.3d 527.
State v. Coleman, 2015-Ohio-4491.
In re A.K., 2012-Ohio-1767.
State v. Woods, 2024-Ohio-954.
Ohio Rev. Code § 2907.01(A)(1)(c): 5 cases
State v. Hansing, 2019-Ohio-739, 132 N.E.3d 252.
State v. Miller, 2019-Ohio-4121.
State v. Samamra, 2025-Ohio-126, 260 N.E.3d 1233.
State v. Sturtevant, 2024-Ohio-371.
State v. Yob, 2025-Ohio-4919.
Ohio Rev. Code § 2907.01(A)(2): 2 cases
State v. Anderson, 2014-Ohio-1206.
Singleton v. Warden Lebanon Corr. Inst., No. 1:23-cv-00425 (S.D. Ohio Nov. 8, 2023).
Ohio Rev. Code § 2907.01(A)(C): 2 cases
State v. Rose, 2012-Ohio-5607.
State v. Simmons, 2013-Ohio-1789.
Ohio Rev. Code § 2907.01(B): 458 cases
State v. Mundy, 650 N.E.2d 502 (Ohio Ct. App. 2d Dist. 1994). “05(A)(4): “[T]he proper method is to permit the trier of fact to infer from the evidence presented at trial whether the purpose of the defendant was sexual arousal or gratification by his contact with those areas of the body described in R.C. 2907.01. In making its decision the…”
State v. Dunlap, 2011-Ohio-4111, 953 N.E.2d 816. “{¶ 12} In the jury instructions regarding gross sexual imposition, the trial court instructed the jury as to the element of “sexual contact,” as defined in R.C. 2907.01(B): {¶ 13} “Sexual contact. Sexual contact means any touching of an erogenous zone of another, including…”
In re D.S. (Slip Opinion), 2017-Ohio-8289, 93 N.E.3d 937. “” R.C. 2907.01(A). Notably, there is no mens rea element for the state to prove under R.”
State v. Solomon, 2021-Ohio-940. “Indeed, Ohio courts have typically found that the list of erogenous zones in R.C. 2907.01 is a non-exhaustive list. See State v.”
State v. Maggette, 2016-Ohio-5554.
Ohio Rev. Code § 2907.01(B)(1): 2 cases
State v. Stuckey, 2022-Ohio-4145.
State v. Ford, 2021-Ohio-4608, 182 N.E.3d 1252.
Ohio Rev. Code § 2907.01(C): 85 cases
State v. Black, 2019-Ohio-4977, 149 N.E.3d 1132.
State v. Petty, 2017-Ohio-1062.
In re S.L., 2016-Ohio-5000.
State v. Benner, 533 N.E.2d 701 (Ohio 1988).
State v. Coleman, 2014-Ohio-5320.
Ohio Rev. Code § 2907.01(D): 2 cases
Matthews v. Pernell, 582 N.E.2d 1075 (Ohio Ct. App. 2d Dist. 1990).
State v. Marcel-Rene, 2015-Ohio-402.
Ohio Rev. Code § 2907.01(E): 14 cases
Bookfriends, Inc. v. Taft, 223 F. Supp. 2d 932 (S.D. Ohio 2002). “(2) As used in all provisions of sections 2907.01 to 2907.37 of the Revised Code that are not identified in division (J)(l) of this section, “material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film,…”
Am. Booksellers Found. for Free Expression v. Strickland, 512 F. Supp. 2d 1082 (S.D. Ohio 2007). “However, before the appeal could be heard, the Ohio General Assembly made significant changes to §§ 2907.01 and 2907.31, with House Bill 490.”
State v. Kearns, 2016-Ohio-5941, 71 N.E.3d 681. “In addition, a close reading of R.C. 2907.01 in its entirety shows that the statute is not vague but rather extremely precise in defining what conduct is prohibited.”
4522 Kenny Road, L.L.C. v. City of Columbus Bd. of Zoning Adjustment, 789 N.E.2d 246 (Ohio Ct. App. 10th Dist. 2003).
In re L.Z., 2016-Ohio-1337.
Ohio Rev. Code § 2907.01(E)(1): 3 cases
State v. Kearns, 2016-Ohio-5941, 71 N.E.3d 681. “In addition, a close reading of R.C. 2907.01 in its entirety shows that the statute is not vague but rather extremely precise in defining what conduct is prohibited.”
In re L.Z., 2016-Ohio-1337.
Bookfriends, Inc. v. Taft, 223 F. Supp. 2d 932 (S.D. Ohio 2002). “(2) As used in all provisions of sections 2907.01 to 2907.37 of the Revised Code that are not identified in division (J)(l) of this section, “material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film,…”
Ohio Rev. Code § 2907.01(E)(2): 2 cases
Bookfriends, Inc. v. Taft, 223 F. Supp. 2d 932 (S.D. Ohio 2002). “(2) As used in all provisions of sections 2907.01 to 2907.37 of the Revised Code that are not identified in division (J)(l) of this section, “material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film,…”
In re L.Z., 2016-Ohio-1337.
Ohio Rev. Code § 2907.01(E)(3): 2 cases
Bookfriends, Inc. v. Taft, 223 F. Supp. 2d 932 (S.D. Ohio 2002). “(2) As used in all provisions of sections 2907.01 to 2907.37 of the Revised Code that are not identified in division (J)(l) of this section, “material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film,…”
In re L.Z., 2016-Ohio-1337.
Ohio Rev. Code § 2907.01(E)(4): 1 case
Bookfriends, Inc. v. Taft, 223 F. Supp. 2d 932 (S.D. Ohio 2002). “(2) As used in all provisions of sections 2907.01 to 2907.37 of the Revised Code that are not identified in division (J)(l) of this section, “material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film,…”
Ohio Rev. Code § 2907.01(E)(5): 1 case
Bookfriends, Inc. v. Taft, 223 F. Supp. 2d 932 (S.D. Ohio 2002). “(2) As used in all provisions of sections 2907.01 to 2907.37 of the Revised Code that are not identified in division (J)(l) of this section, “material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film,…”
Ohio Rev. Code § 2907.01(E)(6): 1 case
Bookfriends, Inc. v. Taft, 223 F. Supp. 2d 932 (S.D. Ohio 2002). “(2) As used in all provisions of sections 2907.01 to 2907.37 of the Revised Code that are not identified in division (J)(l) of this section, “material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film,…”
Ohio Rev. Code § 2907.01(E)(7): 1 case
Bookfriends, Inc. v. Taft, 223 F. Supp. 2d 932 (S.D. Ohio 2002). “(2) As used in all provisions of sections 2907.01 to 2907.37 of the Revised Code that are not identified in division (J)(l) of this section, “material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film,…”
Ohio Rev. Code § 2907.01(F): 37 cases
Sovereign News Co. v. Falke, 448 F. Supp. 306 (N.D. Ohio 1977). “The Court concludes that Ohio R.C. § 2907.01 restricts material which is not ‘obscene’, making the statute overbroad.”
State v. Kearns, 2016-Ohio-5941, 71 N.E.3d 681. “In addition, a close reading of R.C. 2907.01 in its entirety shows that the statute is not vague but rather extremely precise in defining what conduct is prohibited.”
Turoso v. Cleveland Mun. Court, 531 F. Supp. 829 (N.D. Ohio 1980).
State v. Burks, 2018-Ohio-4777.
City of Urbana ex rel. Newlin v. Downing, 539 N.E.2d 140 (Ohio 1989).
Ohio Rev. Code § 2907.01(F)(1): 5 cases
Sovereign News Co. v. Falke, 448 F. Supp. 306 (N.D. Ohio 1977). “The Court concludes that Ohio R.C. § 2907.01 restricts material which is not ‘obscene’, making the statute overbroad.”
State v. Stewart, 676 N.E.2d 912 (Ohio Ct. App. 9th Dist. 1996).
State v. Radey, 560 N.E.2d 247 (Ohio Ct. App. 9th Dist. 1989).
In re M.W., 2018-Ohio-5227.
State v. Pollock, 2017-Ohio-91.
Ohio Rev. Code § 2907.01(F)(1)(2)(3): 1 case
Sovereign News Co. v. Falke, 448 F. Supp. 306 (N.D. Ohio 1977). “The Court concludes that Ohio R.C. § 2907.01 restricts material which is not ‘obscene’, making the statute overbroad.”
Ohio Rev. Code § 2907.01(F)(2): 2 cases
State v. Murphy, 2020-Ohio-4667.
State v. Wolfe, 534 N.E.2d 920 (Ohio Ct. App. 10th Dist. 1987). “” *121 The state contends that R.C. 2907.01 must be considered in its entirety, and both the statute and applicable case law require the court to overrule the motion to dismiss.”
Ohio Rev. Code § 2907.01(F)(3): 2 cases
Sovereign News Co. v. Falke, 448 F. Supp. 306 (N.D. Ohio 1977). “The Court concludes that Ohio R.C. § 2907.01 restricts material which is not ‘obscene’, making the statute overbroad.”
In re M.W., 2018-Ohio-5227.
Ohio Rev. Code § 2907.01(F)(5): 5 cases
State v. Walls, 2018-Ohio-329, 104 N.E.3d 280.
United States v. Kevin Davis, 751 F.3d 769 (6th Cir. 2014).
State v. Kearns, 2016-Ohio-5941, 71 N.E.3d 681. “In addition, a close reading of R.C. 2907.01 in its entirety shows that the statute is not vague but rather extremely precise in defining what conduct is prohibited.”
Sovereign News Co. v. Falke, 448 F. Supp. 306 (N.D. Ohio 1977). “The Court concludes that Ohio R.C. § 2907.01 restricts material which is not ‘obscene’, making the statute overbroad.”
State v. Wolfe, 534 N.E.2d 920 (Ohio Ct. App. 10th Dist. 1987). “” *121 The state contends that R.C. 2907.01 must be considered in its entirety, and both the statute and applicable case law require the court to overrule the motion to dismiss.”
Ohio Rev. Code § 2907.01(F)(l): 1 case
State v. Brooks, 486 N.E.2d 135 (Ohio Ct. App. 11th Dist. 1984).
Ohio Rev. Code § 2907.01(G): 1 case
State v. Kearns, 2016-Ohio-5941, 71 N.E.3d 681. “In addition, a close reading of R.C. 2907.01 in its entirety shows that the statute is not vague but rather extremely precise in defining what conduct is prohibited.”
Ohio Rev. Code § 2907.01(H): 9 cases
State v. Martin (Slip Opinion), 2016-Ohio-7196, 75 N.E.3d 109. “{¶ 7} R.C. 2907.01 provides: As used in sections 2907.”
State v. Magnone, 2016-Ohio-7100.
State v. Martin, 2014-Ohio-3640.
In re L.Z., 2016-Ohio-1337.
Bookfriends, Inc. v. Taft, 223 F. Supp. 2d 932 (S.D. Ohio 2002). “(2) As used in all provisions of sections 2907.01 to 2907.37 of the Revised Code that are not identified in division (J)(l) of this section, “material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film,…”
Ohio Rev. Code § 2907.01(H)(1): 1 case
State v. Durdin, 2014-Ohio-5759.
Ohio Rev. Code § 2907.01(H)(2): 2 cases
State v. Bates, 2024-Ohio-2909.
State v. Humphreys, 2026-Ohio-373.
Ohio Rev. Code § 2907.01(I): 4 cases
State v. Patterson, 2015-Ohio-4423.
In re L.Z., 2016-Ohio-1337.
State v. Ruediger, 2024-Ohio-1975.
A.A. v. M.G.S., 2020-Ohio-3469.
Ohio Rev. Code § 2907.01(J): 9 cases
Bookfriends, Inc. v. Taft, 223 F. Supp. 2d 932 (S.D. Ohio 2002). “(2) As used in all provisions of sections 2907.01 to 2907.37 of the Revised Code that are not identified in division (J)(l) of this section, “material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film,…”
State v. Burks, 2018-Ohio-4777.
State v. Metz, 2019-Ohio-4054, 146 N.E.3d 1190.
State v. Maxwell, 2002-Ohio-2121, 767 N.E.2d 242.
State v. Maxwell, 95 Ohio St. 3d 254 (2002).
Ohio Rev. Code § 2907.01(K): 3 cases
State v. Metz, 2019-Ohio-4054, 146 N.E.3d 1190.
State v. Walls, 2018-Ohio-329, 104 N.E.3d 280.
State v. Colegrove, 747 N.E.2d 303 (Ohio Ct. App. 8th Dist. 2000).
Ohio Rev. Code § 2907.01(L): 1 case
State v. Clark, 539 N.E.2d 702 (Ohio Ct. App. 8th Dist. 1988).
Ohio Rev. Code § 2907.01(L)(2): 1 case
State v. Clark, 539 N.E.2d 702 (Ohio Ct. App. 8th Dist. 1988).
Ohio Rev. Code § 2907.01(M): 10 cases
State v. Dalton, 793 N.E.2d 509 (Ohio Ct. App. 10th Dist. 2003).
State v. Bell, 2024-Ohio-1502.
State v. Huffman, 847 N.E.2d 58 (Ohio Ct. App. 1st Dist. 2006).
State v. Garcia, 2021-Ohio-4480.
State v. Allie, 2024-Ohio-2262.
Ohio Rev. Code § 2907.01(R): 2 cases
State v. Shaw, 2024-Ohio-506.
State v. Maley, 2026-Ohio-1540.
Ohio Rev. Code § 2907.01(f): 1 case
Sovereign News Co. v. Falke, 448 F. Supp. 306 (N.D. Ohio 1977). “The Court concludes that Ohio R.C. § 2907.01 restricts material which is not ‘obscene’, making the statute overbroad.”
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