Ohio Rev. Code » Chapter 2907 - Ohio Revised Code | Ohio Laws
Ohio Revised Code

Ohio Rev. Code § 2907.05 (2026)

Gross sexual imposition

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
August 9, 2024
Latest Legislation:
House Bill 161 - 135th General Assembly
PDF:
Download Authenticated PDF
 

(A) No person shall have sexual contact with another; cause another to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:

(1) The offender purposely compels the other person, or one of the other persons, to submit by force or threat of force.

(2) For the purpose of preventing resistance, the offender substantially impairs the judgment or control of the other person or of one of the other persons by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.

(3) The offender knows that the judgment or control of the other person or of one of the other persons is substantially impaired as a result of the influence of any drug or intoxicant administered to the other person with the other person's consent for the purpose of any kind of medical or dental examination, treatment, or surgery.

(4) The other person, or one of the other persons, is less than thirteen years of age, whether or not the offender knows the age of that person.

(5) The ability of the other person to resist or consent or the ability of one of the other persons to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the ability to resist or consent of the other person or of one of the other persons is substantially impaired because of a mental or physical condition or because of advanced age.

(B) No person shall knowingly touch the genitalia of another, when the touching is not through clothing, the other person is less than twelve years of age, whether or not the offender knows the age of that person, and the touching is done with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

(C) Whoever violates this section is guilty of gross sexual imposition.

(1) Except as otherwise provided in this section, gross sexual imposition committed in violation of division (A)(1), (2), (3), or (5) of this section is a felony of the fourth degree. If the offender under division (A)(2) of this section substantially impairs the judgment or control of the other person or one of the other persons by administering any controlled substance, as defined in section 3719.01 of the Revised Code, to the person surreptitiously or by force, threat of force, or deception, gross sexual imposition committed in violation of division (A)(2) of this section is a felony of the third degree.

(2) Gross sexual imposition committed in violation of division (A)(4) or (B) of this section is a felony of the third degree. Except as otherwise provided in this division, for gross sexual imposition committed in violation of division (A)(4) or (B) of this section there is a presumption that a prison term shall be imposed for the offense. The court shall impose on an offender convicted of gross sexual imposition in violation of division (A)(4) or (B) of this section a mandatory prison term, as described in division (C)(3) of this section, for a felony of the third degree if the offender previously was convicted of or pleaded guilty to a violation of this section, rape, the former offense of felonious sexual penetration, or sexual battery, and the victim of the previous offense was less than thirteen years of age.

(3) A mandatory prison term required under division (C)(2) of this section shall be a definite term from the range of prison terms provided in division (A)(3)(a) of section 2929.14 of the Revised Code for a felony of the third degree.

(D) A victim need not prove physical resistance to the offender in prosecutions under this section.

(E) Evidence of specific instances of the victim's sexual activity, opinion evidence of the victim's sexual activity, and reputation evidence of the victim's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or sexually transmitted disease or infection, or the victim's past sexual activity with the offender, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.

Evidence of specific instances of the defendant's sexual activity, opinion evidence of the defendant's sexual activity, and reputation evidence of the defendant's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or sexually transmitted disease or infection, the defendant's past sexual activity with the victim, or is admissible against the defendant under section 2945.59 of the Revised Code, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.

(F) Prior to taking testimony or receiving evidence of any sexual activity of the victim or the defendant in a proceeding under this section, the court shall resolve the admissibility of the proposed evidence in a hearing in chambers, which shall be held at or before preliminary hearing and not less than three days before trial, or for good cause shown during the trial.

(G) Upon approval by the court, the victim may be represented by counsel in any hearing in chambers or other proceeding to resolve the admissibility of evidence. If the victim is indigent or otherwise is unable to obtain the services of counsel, the court, upon request, may appoint counsel to represent the victim without cost to the victim.

Last updated June 5, 2024 at 1:39 PM

Notes of Decisions
Cited in 1,782 cases (642 in the last 5 years), 1975–2026 · leading case: In re D.S. (Slip Opinion), 2017 Ohio 8289 (Ohio 2017).
Sort: Relevance Newest Treatment
In re D.S. (Slip Opinion), 2017 Ohio 8289 (Ohio 2017). · cites it 60× “, then a 12-year-old, with three delinquency counts of gross sexual imposition pursuant to R.C. 2907.05(A)(4) on November 25, 2013, for events that had allegedly occurred about five weeks before.”
State v. Mundy, 650 N.E.2d 502 (Ohio Ct. App. 1994). · cites it 44× “R.C. 2907.05 provides in pertinent part: “(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact *287 with the offender; or cause two or more other persons to have sexual contact…”
State v. Bevly, 27 N.E.3d 516 (Ohio 2015). · cites it 43× “{¶ 11} In the context of R.C. 2907.05, the existence of corroborating evidence is irrelevant to the stated purposes of felony sentencing set forth in R.”
State v. Risch, 2025 Ohio 2484 (Ohio Ct. App. 2025). · cites it 66× “In fact, the word “attempt” does not appear in R.C. 2907.05 at all. {¶26} We do understand the State’s argument that an “attempt” of a crime necessarily implicates the crime attempted, but that does not mean that the defendant is convicted of anything other than a criminal…”
State v. Dunlap, 2011 Ohio 4111 (Ohio 2011). · cites it 20× “R.C. 2907.05 Issues {¶ 7} R.C. 2907.05(A)(4) states: {¶ 8} “No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact *463 with the offender; or cause two or more other persons to have…”
State v. Montez, 2022 Ohio 640 (Ohio Ct. App. 2022). · cites it 28× “” “Gross sexual imposition committed in violation of division [R.C. 2907.05](A)(4) * * * is a felony of the third degree.”
State v. White, 2017 Ohio 1488 (Ohio Ct. App. 2017). · cites it 15× “{¶13} R.C. 2907.05 sets forth the offense of gross sexual imposition and provides, in relevant part: (A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or…”
State v. Leyh (Slip Opinion), 2022 Ohio 292 (Ohio 2022). · cites it 8× “Background {¶ 43} Clarence Leyh was convicted after pleading guilty to four felony counts of gross sexual imposition, R.C. 2907.05, for having sexual contact with his 16-year-old daughter.”
In re D.S., 2016 Ohio 2810 (Ohio Ct. App. 2016). · cites it 20× “15AP-487 5 {¶ 12} In R.C. 2907.05, the legislature criminalized "gross sexual imposition.”
State v. Wine, 2012 Ohio 2837 (Ohio Ct. App. 2012). · cites it 13× “{¶39} The criminal offense of gross sexual imposition is codified in R.C. 2907.05, which provides, in relevant part: “[n]o person shall have sexual contact with another, not the spouse of the offender * * * when * * * [t]he offender purposely compels the other person * * * to…”
State v. Heft, 2009 Ohio 5908 (Ohio Ct. App. 2009). · cites it 14× “05 is unconstitutional as applied to him; that the trial court erred in ordering consecutive sentences; that the jury verdicts were against the manifest weight of the evidence; that he was prejudiced by the trial court’s Howard charge to the jury after the jury indicated an…”
State v. Russell, 2020 Ohio 3243 (Ohio Ct. App. 2020). · cites it 10× “Russell on 23 counts, consisting of three counts of gross sexual imposition, felonies of the third degree, in violation of R.C. 2907.05(A)(4) (Counts 1, 2, and 3), ten counts of unlawful sexual conduct with a minor, felonies of the third degree, in violation of R.”
Show all 1,782 citing cases →
— Ohio Rev. Code § 2907.05(A) — 46 cases
State v. Brand, 2023 Ohio 557 (Ohio Ct. App. 2023).
State v. Mundy, 650 N.E.2d 502 (Ohio Ct. App. 1994). “R.C. 2907.05 provides in pertinent part: “(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact *287 with the offender; or cause two or more other persons to have sexual contact…”
State v. Thomas, 2018 Ohio 4345 (Ohio Ct. App. 2018).
State v. Sibert, 648 N.E.2d 861 (Ohio Ct. App. 1994).
State v. Johnson, 522 N.E.2d 1082 (Ohio 1988).
— Ohio Rev. Code § 2907.05(A)(1) — 415 cases
State v. Wine, 2012 Ohio 2837 (Ohio Ct. App. 2012). “{¶39} The criminal offense of gross sexual imposition is codified in R.C. 2907.05, which provides, in relevant part: “[n]o person shall have sexual contact with another, not the spouse of the offender * * * when * * * [t]he offender purposely compels the other person * * * to…”
State v. White, 2017 Ohio 1488 (Ohio Ct. App. 2017). “{¶13} R.C. 2907.05 sets forth the offense of gross sexual imposition and provides, in relevant part: (A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or…”
State v. Heiney, 2018 Ohio 3408 (Ohio Ct. App. 2018).
State v. Heft, 2009 Ohio 5908 (Ohio Ct. App. 2009). “05 is unconstitutional as applied to him; that the trial court erred in ordering consecutive sentences; that the jury verdicts were against the manifest weight of the evidence; that he was prejudiced by the trial court’s Howard charge to the jury after the jury indicated an…”
State v. Leyh (Slip Opinion), 2022 Ohio 292 (Ohio 2022). “Background {¶ 43} Clarence Leyh was convicted after pleading guilty to four felony counts of gross sexual imposition, R.C. 2907.05, for having sexual contact with his 16-year-old daughter.”
— Ohio Rev. Code § 2907.05(A)(1)(4) — 4 cases
State v. Chaney, 862 N.E.2d 559 (Ohio Ct. App. 2006).
State v. Trimble, 2021 Ohio 2609 (Ohio Ct. App. 2021).
State v. Soria, 2016 Ohio 2782 (Ohio Ct. App. 2016).
State v. Emerine, 2017 Ohio 1206 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2907.05(A)(1)(B) — 4 cases
State v. Skidmore, 2010 Ohio 2846 (Ohio Ct. App. 2010).
State v. Dew, 2016 Ohio 274 (Ohio Ct. App. 2016).
State v. Simmons, 2014 Ohio 582 (Ohio Ct. App. 2014).
State v. Skidmore, 2010 Ohio 5940 (Ohio Ct. App. 2010).
— Ohio Rev. Code § 2907.05(A)(1)(C) — 2 cases
State v. Morgan, 2014 Ohio 2625 (Ohio Ct. App. 2014).
State v. Williams, 2012 Ohio 6277 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2907.05(A)(1)(C)(1) — 5 cases
State v. Leyh, 2019 Ohio 3640 (Ohio Ct. App. 2019).
State v. Hodges, 2020 Ohio 4693 (Ohio Ct. App. 2020).
State v. Nelson, 2022 Ohio 4308 (Ohio Ct. App. 2022).
State v. Ruiter, 2023 Ohio 3594 (Ohio Ct. App. 2023).
State v. Holmes, 2014 Ohio 2724 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2907.05(A)(1)(b) — 1 case
In re J.N., 2024 Ohio 1727 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2907.05(A)(2) — 22 cases
State v. Thompson, 2025 Ohio 1547 (Ohio Ct. App. 2025).
State v. Baker, 2018 Ohio 3431 (Ohio Ct. App. 2018).
In re S.H.W., 2016 Ohio 841 (Ohio Ct. App. 2016).
State v. Batista (Slip Opinion), 2017 Ohio 8304 (Ohio 2017).
State v. Marcum, 2023 Ohio 4058 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2907.05(A)(3) — 44 cases
State v. Astley, 523 N.E.2d 322 (Ohio Ct. App. 1987).
State v. Mundy, 650 N.E.2d 502 (Ohio Ct. App. 1994). “R.C. 2907.05 provides in pertinent part: “(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact *287 with the offender; or cause two or more other persons to have sexual contact…”
State v. Schaim, 600 N.E.2d 661 (Ohio 1992).
In Re Rodriguez, 537 P.2d 384 (Cal. 1975).
State v. Bowman, 535 N.E.2d 730 (Ohio Ct. App. 1987).
— Ohio Rev. Code § 2907.05(A)(4) — 964 cases
In re D.S. (Slip Opinion), 2017 Ohio 8289 (Ohio 2017). “, then a 12-year-old, with three delinquency counts of gross sexual imposition pursuant to R.C. 2907.05(A)(4) on November 25, 2013, for events that had allegedly occurred about five weeks before.”
State v. Mundy, 650 N.E.2d 502 (Ohio Ct. App. 1994). “R.C. 2907.05 provides in pertinent part: “(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact *287 with the offender; or cause two or more other persons to have sexual contact…”
State v. Dunlap, 2011 Ohio 4111 (Ohio 2011). “R.C. 2907.05 Issues {¶ 7} R.C. 2907.05(A)(4) states: {¶ 8} “No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact *463 with the offender; or cause two or more other persons to have…”
In re D.S., 2016 Ohio 2810 (Ohio Ct. App. 2016). “15AP-487 5 {¶ 12} In R.C. 2907.05, the legislature criminalized "gross sexual imposition.”
State v. Russell, 2020 Ohio 3243 (Ohio Ct. App. 2020). “Russell on 23 counts, consisting of three counts of gross sexual imposition, felonies of the third degree, in violation of R.C. 2907.05(A)(4) (Counts 1, 2, and 3), ten counts of unlawful sexual conduct with a minor, felonies of the third degree, in violation of R.”
— Ohio Rev. Code § 2907.05(A)(4)(B) — 3 cases
State v. Skidmore, 2010 Ohio 2846 (Ohio Ct. App. 2010).
State v. Hutter, 2018 Ohio 3488 (Ohio Ct. App. 2018).
State v. Skidmore, 2010 Ohio 5940 (Ohio Ct. App. 2010).
— Ohio Rev. Code § 2907.05(A)(4)(C) — 1 case
State v. Johnson, 2017 Ohio 7702 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2907.05(A)(4)(C)(2) — 17 cases
State v. Peddicord, 2013 Ohio 3398 (Ohio Ct. App. 2013).
State v. Cochran, 2017 Ohio 983 (Ohio Ct. App. 2017).
State v. Wasilewski, 2020 Ohio 5141 (Ohio Ct. App. 2020).
State v. Anthony, 2021 Ohio 1755 (Ohio Ct. App. 2021).
State v. Gomez, 2017 Ohio 8146 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2907.05(A)(4)(c)(2) — 1 case
In re R.M., 2021 Ohio 324 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2907.05(A)(5) — 110 cases
State v. Leyh (Slip Opinion), 2022 Ohio 292 (Ohio 2022). “Background {¶ 43} Clarence Leyh was convicted after pleading guilty to four felony counts of gross sexual imposition, R.C. 2907.05, for having sexual contact with his 16-year-old daughter.”
State v. York, 2022 Ohio 1626 (Ohio Ct. App. 2022).
State v. Hines, 2018 Ohio 1780 (Ohio Ct. App. 2018).
State v. Colonel, 2023 Ohio 3945 (Ohio Ct. App. 2023).
State v. B.J.T., 2017 Ohio 8797 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2907.05(A)(5)(C)(1) — 1 case
State v. Leyh, 2019 Ohio 3640 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2907.05(A)(7) — 1 case
State v. Shook, 2014 Ohio 3987 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2907.05(A)(8) — 1 case
State v. Miller, 579 N.E.2d 276 (Ohio Ct. App. 1989).
— Ohio Rev. Code § 2907.05(A)(L) — 1 case
State v. Smith, 2023 Ohio 4642 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2907.05(A)(i) — 1 case
State v. Stewart, 2012 Ohio 3758 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2907.05(A)(l) — 2 cases
State v. Duru, 2022 Ohio 1641 (Ohio Ct. App. 2022).
State v. Duru, 2022 Ohio 1849 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2907.05(A)(l)(c)(l) — 1 case
Ortiz v. Holmes, 157 F. Supp. 3d 692 (N.D. Ohio 2016).
— Ohio Rev. Code § 2907.05(AX1) — 2 cases
State v. Crago, 4 Ohio App. Unrep. 475 (Ohio Ct. App. 1990).
State v. Alderman, 8 Ohio App. Unrep. 175 (Ohio Ct. App. 1990).
— Ohio Rev. Code § 2907.05(B) — 52 cases
State v. Romy, 2021 Ohio 501 (Ohio Ct. App. 2021).
In re S.S., 2011 Ohio 4081 (Ohio Ct. App. 2011).
State v. Smith, 2016 Ohio 3418 (Ohio Ct. App. 2016).
State v. Hess, 2021 Ohio 1248 (Ohio Ct. App. 2021).
State v. Mack, 2023 Ohio 4374 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2907.05(C) — 6 cases
State v. Montez, 2022 Ohio 640 (Ohio Ct. App. 2022). “” “Gross sexual imposition committed in violation of division [R.C. 2907.05](A)(4) * * * is a felony of the third degree.”
State v. Just, 2012 Ohio 4094 (Ohio Ct. App. 2012).
State v. Elek, 2023 Ohio 41 (Ohio Ct. App. 2023).
State v. Jennings, 2024 Ohio 383 (Ohio Ct. App. 2024).
State v. Smith, 2023 Ohio 1613 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2907.05(C)(1) — 11 cases
State v. B.J.T., 2017 Ohio 8797 (Ohio Ct. App. 2017).
State v. Holloway, 2024 Ohio 3360 (Ohio Ct. App. 2024).
State v. Silknitter, 2017 Ohio 327 (Ohio Ct. App. 2017).
State v. Kane, 2012 Ohio 4044 (Ohio Ct. App. 2012).
State v. Kaufmann, 2022 Ohio 3487 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2907.05(C)(2) — 55 cases
State v. Risch, 2025 Ohio 2484 (Ohio Ct. App. 2025). “In fact, the word “attempt” does not appear in R.C. 2907.05 at all. {¶26} We do understand the State’s argument that an “attempt” of a crime necessarily implicates the crime attempted, but that does not mean that the defendant is convicted of anything other than a criminal…”
State v. Peddicord, 2013 Ohio 3398 (Ohio Ct. App. 2013).
In Re D.S., 2016 Ohio 1027 (Ohio 2016).
State v. Montez, 2022 Ohio 640 (Ohio Ct. App. 2022). “” “Gross sexual imposition committed in violation of division [R.C. 2907.05](A)(4) * * * is a felony of the third degree.”
State v. Bevly, 27 N.E.3d 516 (Ohio 2015). “{¶ 11} In the context of R.C. 2907.05, the existence of corroborating evidence is irrelevant to the stated purposes of felony sentencing set forth in R.”
— Ohio Rev. Code § 2907.05(C)(2)(A) — 1 case
State v. Ahlers, 2014 Ohio 3991 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2907.05(C)(2)(a) — 19 cases
State v. Bevly, 27 N.E.3d 516 (Ohio 2015). “{¶ 11} In the context of R.C. 2907.05, the existence of corroborating evidence is irrelevant to the stated purposes of felony sentencing set forth in R.”
State v. Ahlers, 2016 Ohio 2890 (Ohio Ct. App. 2016).
State v. F.R., 2014 Ohio 799 (Ohio Ct. App. 2014).
State v. Montez, 2022 Ohio 640 (Ohio Ct. App. 2022). “” “Gross sexual imposition committed in violation of division [R.C. 2907.05](A)(4) * * * is a felony of the third degree.”
State v. Fowler, 2021 Ohio 2854 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2907.05(C)(3) — 2 cases
State v. Romy, 2021 Ohio 501 (Ohio Ct. App. 2021).
State v. Hamilton, 2020 Ohio 5330 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2907.05(D) — 35 cases
State v. Mundy, 650 N.E.2d 502 (Ohio Ct. App. 1994). “R.C. 2907.05 provides in pertinent part: “(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact *287 with the offender; or cause two or more other persons to have sexual contact…”
State v. Schaim, 600 N.E.2d 661 (Ohio 1992).
State v. Heiney, 2018 Ohio 3408 (Ohio Ct. App. 2018).
State v. Roy, 2014 Ohio 5186 (Ohio Ct. App. 2014).
State v. McMillan, 590 N.E.2d 23 (Ohio Ct. App. 1990).
— Ohio Rev. Code § 2907.05(E) — 16 cases
State v. Armengau, 2017 Ohio 4452 (Ohio Ct. App. 2017).
State v. Jeffries (Slip Opinion), 2020 Ohio 1539 (Ohio 2020).
State v. Schaim, 600 N.E.2d 661 (Ohio 1992).
State v. Blankenburg, 966 N.E.2d 958 (Ohio Ct. App. 2012).
State v. Webster, 2013 Ohio 4142 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2907.05(F) — 1 case
State v. Pollock, 2017 Ohio 91 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2907.05(a)(2) — 3 cases
Ingels v. Warden North Cent. Corr. Inst. (S.D. Ohio 2022).
Ingels v. Warden North Cent. Corr. Inst. (S.D. Ohio 2022).
Ingels v. Warden North Cent. Corr. Inst. (S.D. Ohio 2022).
— Ohio Rev. Code § 2907.05(a)(4) — 1 case
In re C.D., 2018 Ohio 4509 (Ohio Ct. App. 2018).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.