Issa Elkhatib | June 2, 2025 | Criminal Defense
Willful or not, ignoring age-of-consent laws carries severe criminal and collateral consequences. Ohio has established a comprehensive statutory framework governing sexual conduct with minors, addressing offenses ranging from rape of a child to grooming, gross sexual imposition, and unlawful enticement.
Ohio’s Age of Consent Law
Under Ohio Revised Code § 2907.04, “unlawful sexual contact with a minor” means any individual eighteen years of age or older who engages in sexual conduct with a person at least thirteen but under sixteen commits unlawful sexual conduct with a minor.
Any person aged eighteen or older who engages in sexual conduct with an individual who is at least thirteen but under sixteen years old may be prosecuted, regardless of whether the younger person purportedly consents or the older person believed the minor to be of age.
Strict Liability
Ohio’s statutes impose strict liability, meaning that neither the offender’s subjective knowledge of the minor’s true age nor the minor’s acquiescence constitutes a defense. This framework reflects the State’s compelling interest in shielding adolescents from sexual exploitation and abuse.
Statutory Framework
Understanding Ohio’s age-of-consent statutes requires knowledge of the elements of each offense and the corresponding penalties associated with them.
Rape of a Child under 13
According to Ohio Revised Code § 2907.02(A)(1)(b), it criminalizes “sexual conduct” with any person under thirteen years of age. Ohio law defines “sexual activity” broadly to include even the slightest penetration. This statute is a strict liability offense, meaning that it is not a defense if the alleged offender did not know the child’s age or if the minor appeared to consent.
Unlawful Sexual Conduct with a Minor
As stated in Ohio Revised Code § 2907.04, an individual eighteen years of age or older who engages in sexual conduct with a person at least thirteen but under sixteen commits unlawful sexual conduct with a minor. Unlike Ohio Revised Code § 2907.02, this offense requires proof that the offender knew or recklessly disregarded the minor’s age.
Penalties depend on the age differential. A first-degree misdemeanor applies if the age gap is less than four years and there are no prior convictions. A second or third degree felony applies if the age difference is four or more years or if the offender has a disqualifying prior record.
However, a minor’s mental or physical incapacity may lower the effective age of consent to thirteen when the alleged offender is eighteen or older, as the law deems such individuals unable to provide legally valid consent.
Grooming and Enticement
Under Ohio Revised Code § 2907.071, a “pattern of conduct” designed to prepare a minor for sexual activity, including communication and gift-giving intended to coerce or seduce, is grooming.
A lesser-known law may be the law against “importuning,” such as Ohio Revised Code § 2907.07, which criminalizes soliciting sexual activity from anyone under thirteen, or one believed to be under thirteen, through electronic or other means.
Both offenses are felonies of the third degree, with elevation to a higher felony degree if the victim is under thirteen or the offender has prior qualifying convictions. Grooming and importuning often accompany other criminal counts pertaining to sexual conduct with a minor.
Limited Defenses and Special Circumstances
Many wonder if they need a criminal defense lawyer even if they are innocent. It always makes sense to consult a lawyer, because there may be laws you are unaware of. Ohio does not recognize a “Romeo and Juliet” close-in-age defense; anyone eighteen years of age or older engaging in sexual conduct with a person under sixteen remains prosecutable under Ohio’s scheme.
Likewise, no age differential mitigates liability when the offender occupies a position of authority or trust, such as a teacher, coach, cleric, or peace officer, over the victim; these offenses incur zero-tolerance treatment. If you’ve been accused of a crime, contact an experienced criminal defense attorney as soon as possible.
Contact an Experienced Cleveland Criminal Defense Lawyer at The Elkhatib Law Office Today
For more information, please contact the Cleveland criminal defense attorneys at The Elkhatib Law Office for a free consultation. Visit our convenient location:
The Elkhatib Law Office
2012 W 25th St #501,
Cleveland, OH 44113
(216) 334-3444
