What is Ohio’s Age of Consent?
Under Ohio law, the legal age of consent is sixteen. In accordance with Ohio Revised Code section 2907.02, ‘[n]o person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply: (1) The offender is eighteen years of age or older and the other person is less than thirteen years old; (2) The offender is more than two years older than the other person , and the other person is less than sixteen years old; (3) The offender is more than four years older than the other person and the other person is less than eighteen years old[.]’ The law does have a "Romeo and Juliet" provision. It provides a defense to part 2907.02(2) for persons who are no more than four years older than the victim, which extends the consent age to sixteen for most cases.
Ohio Law Regarding the Age of Consent
Across the country, the "age of consent" laws refer to state legal statutes that spell out when a person is old enough to be considered capable of consenting to certain acts. Generally, you’re going to find these laws regarding sexual acts—when they exist in any given state, which they don’t always. Some states don’t have any minimum age of consent at all, allowing near carte blanche to engage in acts with others below the age of 16. These laws also specifically mention situations in which people are considered incapable of consenting to certain acts, even if they theoretically are older than the age of consent set forth in the law.
As such, these laws are important because they govern the ability of people to engage in certain behaviors, and give authorities the power to punish people who are deemed to have taken advantage of those who are considered legally incapable or too young to consent to such actions. They are sometimes poorly understood by those who have not had legal training, which can lead to problems for those people who do not realize the extent of their culpability.
Take, for example, the age of consent in Ohio. Under Ohio Revised Code Section 2907.02, sex with someone who is less than 13 years of age is considered to be first-degree felony sex with a minor. Sex with someone aged 13, 14 or 15 (and someone at least 10 years older) is considered to be second-degree felony sex with a minor. Any contact with someone aged 16, 17 or 18 is not considered illegal under Ohio law as long as it does not include any force or coercion. It does not matter whether the sexual act is consensual or not—the person who engages in the act can still face criminal charges.
Statutory Rape Laws in Ohio
In Ohio, statutory rape is a serious crime, and it is an offense of the third degree. Penalties include spending up to five years in prison and paying a fine of up to $10,000. Two types of conduct can lead to statutory rape charges in Ohio:
Ohio law criminalizes this nonconsensual conduct and applies it to all ages. Failure to comply with the law, whether the underage participant consented or not, can lead to significant consequences for both partners. Generally, Ohio will require defendants to be registered as sex offenders, even if the alleged victim was 13 years old or older at the time of the offense. This registration stays on the defendant’s record for life. Registration is a system that provides the public with access to basic information about convicted sex offenders in neighborhoods across the state, including details such as: Types of sex offenders include juvenile sex offenders, sexual predators, habitual sex offenders and child victims. Ohio has two categories of statutory rape offenses, including: In Ohio, both offenses are misdemeanors of the first degree. Notably, Ohio does not have any laws giving defense attorneys a way to argue that sexual contact was consensual when the victim was under 13 years of age. In fact, the Ohio revised code specifically states that "it is no defense…that the other person…consented to the commission of the offense." Because the Ohio statutes are very specific in this regard, sex crimes attorneys in Ohio do not have much room to negotiate these types of cases down to something lighter. With some offenses, sex crimes attorneys can conduct accident reconstruction studies, hire other expert witnesses and do other in-depth analysis to build compelling cases around disputable facts. This is rarely the case for statutory rape cases because the only issue separating the parties is whether the other party consented or not. The best way to minimize the risk of convictions and penalties in sex crimes cases is to ensure you always exercise caution when engaging in sexual acts with a partner of unknown age. The consequences can be severe, so consult with a criminal defense lawyer as soon as possible.
Ohio’s Close-in-Age Exemption
In Ohio, the close-in-age exemptions are referenced in Ohio Revised Code Section 2907.04, sometimes referred to as the "Romeo and Juliet" laws. Ohio Revised Code Section 2907.04 outlines the law regarding consensual sexual conduct between minors. If a defendant is facing charges of sexual conduct with a minor, but meets the requirements for an affirmative defense as laid out in Ohio Rev. Code Ann. § 2907.04, the case might be dismissed. This section of the criminal code outlines the close-in-age exemptions:
(A) No person who is not more than four years older than the other person shall be convicted of or plead guilty to a charge of corrupting another with drugs, endangering children, or contributing to the unruliness or delinquency of a child in violation of division (C)(1), (2), or (3) of section 2907.24 [2907.24.01] or division (D)(1) or (2) of section 2907.25 [2907.25.02] of the Revised Code , or of disseminating matter harmful to juveniles in violation of division (A), (B), (C), or (D) of section 2907.31 [2907.31.01] of the Revised Code, if the other person at the time of the offense was thirteen, fourteen, fifteen, sixteen, or seventeen years of age and consented to the activity.
(B) If the indictment or complaint describes the other person as being less than sixteen years of age regardless of the person’s actual age at the time of the alleged violation of section 2907.24 [2907.24.01], 2907.25 [2907.25.02], or 2907.31 [2907.31.01] of the Revised Code, consent of the other person is an affirmative defense to the charge only if at the time of the offense the defendant was a person described in division (A) of this section.
(C) For purposes of this section, "consent" means that a juvenile voluntarily, freely and actively agrees to engage in sexual conduct with a person.
Laws Regarding Age of Consent
Ohio’s current legal age of consent is 16 years of age. In contrast, 13 states in the U.S. have an age of consent of 17 years or older, with the majority being 18 years of age. Those with an age of consent higher than that in the state of Ohio include: Alabama, Alaska, Arizona, Delaware, Florida, Georgia, Idaho, Mississippi, Montana, Nebraska, Rhode Island, South Carolina, Texas, Utah, Virginia, and Wisconsin.
Both West Virginia and Pennsylvania have set the age of consent at 16 years of age. Indiana, Michigan, Vermont, and Minnesota have it set at 18 years. The only state with an age of consent lower than that of Ohio in the region is Kentucky, where the legal age of consent is 16 years, same as Ohio.
Ohio Youth and the Law
Ohio provides additional legal protections to youth that are perhaps not immediately obvious. First, and as most know, parents are legally responsible for the actions of their children. Generally speaking, parents must provide for the health and welfare of their children unless and until an emancipation order has been granted or a young adult reaches the state mandated age of majority. This includes parental supervision in many situations. For example, parents can be civilly and criminally liable if it is determined that they neglected their child or permitted any kind of abuse or criminal activity. Additionally, all parents are given access to the minor’s medical records. Parents may choose a custodian for their children, but particular parental rights are given to both parents unless a specific court order is entered appointing custody to only one parent.
Second, Ohio law permits parents to be involved in the criminal process alongside their child. Upon being accused of a crime, a minor child’s arraignment is presumptively open. However, a parent or guardian may make a motion that the hearing should be closed to the public. This is particularly beneficial when a minor is accused of a sex-related crime. Further, parents have a specific right to be notified of their child’s arrest. While the police department is not required to notify parents of a juvenile arrest, it is explicitly required when a minor is placed in detention. Parents who are not notified of the arrest may challenge the arrest and push back for their child’s release. A juvenile may also petition the court to release them prior to trial .
Third, minors are always entitled to counsel to represent them in criminal proceedings. Ohio law does not permit a juvenile to waive legal counsel, even if they are deemed competent. While a parent may waive child counsel, this waiver must be done knowingly, voluntarily, and intelligently by the parent. An offense committed by a minor can result in punishment in two different courts: Juvenile Court and General Criminal Court. In Juvenile Court, a minor can be punished with an indeterminate term of confinement until they reach age 21. This means that the Board of Youth Services will impose a level of confinement for an offense, but will review the minor’s case once three months have passed to determine whether the confinement should continue. The minimum period of confinement is 6 months. In criminal court, a minor can be sentenced to jail or prison time. The court may increase a minor’s sentence depending on the allegations. While the court ultimately decides whether to try a minor in delinquency court or criminal court, there are certain times when the minor has the right to request a transfer to juvenile court. More times than not, the juvenile will be tried in criminal court for serious crimes, but the option exists.
Ohio law also recognizes the right of a minor to be freed from unreasonable search and seizure. However, police may conduct warrantless searches of minors if they have a reasonable suspicion that the minor is involved in a criminal offense or has contraband in their possession. On the other hand, the Fourth Amendment prohibits excessive or unreasonable force by law enforcement. Police officers are also prohibited from requiring minors to give them their identification.