Notes of Decisions
State v. Mole (Slip Opinion), 2016 Ohio 5124 (Ohio 2016).
· cites it 146× “” {¶ 2} R.C. 2907.03 is generally a valid scheme insofar as it imposes strict liability for sexual conduct between various classes of offenders who exploit their victims through established authoritarian relationships.”
State v. Lowe, 861 N.E.2d 512 (Ohio 2007).
· cites it 24× “{¶ 31} The majority reads R.C. 2907.03 as making certain private, consensual sexual relations between two adults illegal.”
State v. Reyes-Rosales, 2016 Ohio 3338 (Ohio Ct. App. 2016).
· cites it 21× “15CA1010 3 {¶6} The Adams County Grand Jury returned an indictment charging Reyes- Rosales with two counts of sexual battery, one in violation of R.C. 2907.03(A)(5) and one in violation of R.”
United States v. Wynn, 579 F.3d 567 (6th Cir. 2009).
· cites it 28× “2d 490 (2008), the district court erred in concluding that Wynn's guilty plea to "sexual battery" under Ohio Rev.Code § 2907.03 was a "crime of violence" for purposes of determining that Wynn was a career offender.”
State v. Russell, 2020 Ohio 3243 (Ohio Ct. App. 2020).
· cites it 16× “We stated the relationship between the offender and victim had been “accounted for by the legislature when it established most of these offenses [R.C. 2907.03] as felonies of the third degree.”
State v. Bentz, 2017 Ohio 5483 (Ohio Ct. App. 2017).
· cites it 20× “The offense of sexual battery under R.C. 2907.03 provides, in relevant part: "No person shall engage in sexual conduct with another, not the spouse of the offender, when * * * [t]he offender knows that the other person's *384 ability to appraise the nature of or control the…”
State v. Colon, 2017 Ohio 8478 (Ohio Ct. App. 2017).
· cites it 18× “{¶ 19} Further, in the 1974 Committee Comment to R.C. 2907.03, the Legislature explained: This section forbids sexual conduct with a person other than the offender's spouse in a variety of situations where the offender takes unconscionable advantage of the victim.”
State v. Straley (Slip Opinion), 2019 Ohio 5206 (Ohio 2019).
· cites it 8× “The counts to which he agreed to plea included 3 counts of second-degree-felony sexual battery under R.C. 2907.03(A)(5) (the victim is under 13 years old at the time of the offenses).”
State v. Franklin, 2019 Ohio 1513 (Ohio Ct. App. 2019).
· cites it 19× “R.C. 2907.03 was enacted with the purpose to “forbid sexual conduct with a person other than the offender’s spouse in a variety of situations where the offender takes unconscionable advantage of the victim[,]” including “sexual conduct when the victim’s judgment is obviously…”
Privett v. Sec'y, Dep't of Homeland Sec., 865 F.3d 375 (6th Cir. 2017).
· cites it 10× “On November 17, 2004, Joseph Privett pleaded guilty to and was convicted of two counts of sexual battery in violation of Ohio Rev. Code § 2907.03(A)(5). That law prohibits “sexual conduct with another, not the spouse of the offender, when .”
State v. Polizzi, 2019 Ohio 2505 (Ohio Ct. App. 2019).
· cites it 10× “{¶7} Regarding the six counts of sexual battery, in violation of R.C. 2907.03(A)(7), each indictment alleged that appellant engaged in sexual conduct with another, not the spouse of the offender, when the offender was a teacher, administrator, coach, or other person in authority…”
State v. Piatt, 2020 Ohio 1177 (Ohio Ct. App. 2020).
· cites it 7× “{¶5} As a result of the foregoing incident, a grand jury indicted Piatt on one count of sexual battery in violation of R.C. 2907.03(A)(1). The matter proceeded to trial, and a jury found him guilty.”
— Ohio Rev. Code § 2907.03(02) — 1 case
— Ohio Rev. Code § 2907.03(5) — 1 case
— Ohio Rev. Code § 2907.03(7) — 1 case
— Ohio Rev. Code § 2907.03(8) — 1 case
— Ohio Rev. Code § 2907.03(A) — 21 cases
State v. Mole (Slip Opinion), 2016 Ohio 5124 (Ohio 2016).
“” {¶ 2} R.C. 2907.03 is generally a valid scheme insofar as it imposes strict liability for sexual conduct between various classes of offenders who exploit their victims through established authoritarian relationships.”
United States v. Wynn, 579 F.3d 567 (6th Cir. 2009).
“2d 490 (2008), the district court erred in concluding that Wynn's guilty plea to "sexual battery" under Ohio Rev.Code § 2907.03 was a "crime of violence" for purposes of determining that Wynn was a career offender.”
State v. Lowe, 861 N.E.2d 512 (Ohio 2007).
“{¶ 31} The majority reads R.C. 2907.03 as making certain private, consensual sexual relations between two adults illegal.”
State v. Colon, 2017 Ohio 8478 (Ohio Ct. App. 2017).
“{¶ 19} Further, in the 1974 Committee Comment to R.C. 2907.03, the Legislature explained: This section forbids sexual conduct with a person other than the offender's spouse in a variety of situations where the offender takes unconscionable advantage of the victim.”
— Ohio Rev. Code § 2907.03(A)(1) — 125 cases
State v. Piatt, 2020 Ohio 1177 (Ohio Ct. App. 2020).
“{¶5} As a result of the foregoing incident, a grand jury indicted Piatt on one count of sexual battery in violation of R.C. 2907.03(A)(1). The matter proceeded to trial, and a jury found him guilty.”
— Ohio Rev. Code § 2907.03(A)(1)(B) — 1 case
— Ohio Rev. Code § 2907.03(A)(10) — 4 cases
State v. Mole (Slip Opinion), 2016 Ohio 5124 (Ohio 2016).
“” {¶ 2} R.C. 2907.03 is generally a valid scheme insofar as it imposes strict liability for sexual conduct between various classes of offenders who exploit their victims through established authoritarian relationships.”
— Ohio Rev. Code § 2907.03(A)(11) — 8 cases
State v. Mole (Slip Opinion), 2016 Ohio 5124 (Ohio 2016).
“” {¶ 2} R.C. 2907.03 is generally a valid scheme insofar as it imposes strict liability for sexual conduct between various classes of offenders who exploit their victims through established authoritarian relationships.”
— Ohio Rev. Code § 2907.03(A)(12) — 8 cases
State v. Mole (Slip Opinion), 2016 Ohio 5124 (Ohio 2016).
“” {¶ 2} R.C. 2907.03 is generally a valid scheme insofar as it imposes strict liability for sexual conduct between various classes of offenders who exploit their victims through established authoritarian relationships.”
— Ohio Rev. Code § 2907.03(A)(13) — 7 cases
State v. Mole (Slip Opinion), 2016 Ohio 5124 (Ohio 2016).
“” {¶ 2} R.C. 2907.03 is generally a valid scheme insofar as it imposes strict liability for sexual conduct between various classes of offenders who exploit their victims through established authoritarian relationships.”
State v. Bentz, 2017 Ohio 5483 (Ohio Ct. App. 2017).
“The offense of sexual battery under R.C. 2907.03 provides, in relevant part: "No person shall engage in sexual conduct with another, not the spouse of the offender, when * * * [t]he offender knows that the other person's *384 ability to appraise the nature of or control the…”
State v. Colon, 2017 Ohio 8478 (Ohio Ct. App. 2017).
“{¶ 19} Further, in the 1974 Committee Comment to R.C. 2907.03, the Legislature explained: This section forbids sexual conduct with a person other than the offender's spouse in a variety of situations where the offender takes unconscionable advantage of the victim.”
— Ohio Rev. Code § 2907.03(A)(2) — 130 cases
State v. Franklin, 2019 Ohio 1513 (Ohio Ct. App. 2019).
“R.C. 2907.03 was enacted with the purpose to “forbid sexual conduct with a person other than the offender’s spouse in a variety of situations where the offender takes unconscionable advantage of the victim[,]” including “sexual conduct when the victim’s judgment is obviously…”
State v. Colon, 2017 Ohio 8478 (Ohio Ct. App. 2017).
“{¶ 19} Further, in the 1974 Committee Comment to R.C. 2907.03, the Legislature explained: This section forbids sexual conduct with a person other than the offender's spouse in a variety of situations where the offender takes unconscionable advantage of the victim.”
State v. Bentz, 2017 Ohio 5483 (Ohio Ct. App. 2017).
“The offense of sexual battery under R.C. 2907.03 provides, in relevant part: "No person shall engage in sexual conduct with another, not the spouse of the offender, when * * * [t]he offender knows that the other person's *384 ability to appraise the nature of or control the…”
— Ohio Rev. Code § 2907.03(A)(2)(B) — 2 cases
— Ohio Rev. Code § 2907.03(A)(3) — 48 cases
— Ohio Rev. Code § 2907.03(A)(3)(B) — 1 case
— Ohio Rev. Code § 2907.03(A)(4) — 4 cases
— Ohio Rev. Code § 2907.03(A)(4)(a) — 1 case
— Ohio Rev. Code § 2907.03(A)(5) — 335 cases
State v. Lowe, 861 N.E.2d 512 (Ohio 2007).
“{¶ 31} The majority reads R.C. 2907.03 as making certain private, consensual sexual relations between two adults illegal.”
State v. Russell, 2020 Ohio 3243 (Ohio Ct. App. 2020).
“We stated the relationship between the offender and victim had been “accounted for by the legislature when it established most of these offenses [R.C. 2907.03] as felonies of the third degree.”
State v. Mole (Slip Opinion), 2016 Ohio 5124 (Ohio 2016).
“” {¶ 2} R.C. 2907.03 is generally a valid scheme insofar as it imposes strict liability for sexual conduct between various classes of offenders who exploit their victims through established authoritarian relationships.”
State v. Straley (Slip Opinion), 2019 Ohio 5206 (Ohio 2019).
“The counts to which he agreed to plea included 3 counts of second-degree-felony sexual battery under R.C. 2907.03(A)(5) (the victim is under 13 years old at the time of the offenses).”
Privett v. Sec'y, Dep't of Homeland Sec., 865 F.3d 375 (6th Cir. 2017).
“On November 17, 2004, Joseph Privett pleaded guilty to and was convicted of two counts of sexual battery in violation of Ohio Rev. Code § 2907.03(A)(5). That law prohibits “sexual conduct with another, not the spouse of the offender, when .”
— Ohio Rev. Code § 2907.03(A)(5)(B) — 3 cases
— Ohio Rev. Code § 2907.03(A)(5)(b) — 2 cases
— Ohio Rev. Code § 2907.03(A)(6) — 16 cases
State v. Reyes-Rosales, 2016 Ohio 3338 (Ohio Ct. App. 2016).
“15CA1010 3 {¶6} The Adams County Grand Jury returned an indictment charging Reyes- Rosales with two counts of sexual battery, one in violation of R.C. 2907.03(A)(5) and one in violation of R.”
State v. Mole (Slip Opinion), 2016 Ohio 5124 (Ohio 2016).
“” {¶ 2} R.C. 2907.03 is generally a valid scheme insofar as it imposes strict liability for sexual conduct between various classes of offenders who exploit their victims through established authoritarian relationships.”
— Ohio Rev. Code § 2907.03(A)(7) — 43 cases
State v. Polizzi, 2019 Ohio 2505 (Ohio Ct. App. 2019).
“{¶7} Regarding the six counts of sexual battery, in violation of R.C. 2907.03(A)(7), each indictment alleged that appellant engaged in sexual conduct with another, not the spouse of the offender, when the offender was a teacher, administrator, coach, or other person in authority…”
— Ohio Rev. Code § 2907.03(A)(8) — 2 cases
— Ohio Rev. Code § 2907.03(A)(9) — 29 cases
— Ohio Rev. Code § 2907.03(AX1) — 1 case
— Ohio Rev. Code § 2907.03(B) — 22 cases
State v. Straley (Slip Opinion), 2019 Ohio 5206 (Ohio 2019).
“The counts to which he agreed to plea included 3 counts of second-degree-felony sexual battery under R.C. 2907.03(A)(5) (the victim is under 13 years old at the time of the offenses).”
Privett v. Sec'y, Dep't of Homeland Sec., 865 F.3d 375 (6th Cir. 2017).
“On November 17, 2004, Joseph Privett pleaded guilty to and was convicted of two counts of sexual battery in violation of Ohio Rev. Code § 2907.03(A)(5). That law prohibits “sexual conduct with another, not the spouse of the offender, when .”
— Ohio Rev. Code § 2907.03(B)(1) — 3 cases
— Ohio Rev. Code § 2907.03(B)(3) — 1 case
— Ohio Rev. Code § 2907.03(C)(4) — 1 case
State v. Mole (Slip Opinion), 2016 Ohio 5124 (Ohio 2016).
“” {¶ 2} R.C. 2907.03 is generally a valid scheme insofar as it imposes strict liability for sexual conduct between various classes of offenders who exploit their victims through established authoritarian relationships.”
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