Sex Crimes
It is no secret that society is keenly aware of the prevalence of sexual misconduct accusations today. Public scrutiny is immediate,and commonly unforgiving. An accusation alone can cause significant damage to your reputation. With social media amplifying every claim and public opinion forming in real time, individuals facing these allegations must navigate not only the legal system but also the court of public perception.
At the Law Office of Owen M. Patton, we understand the anatomy of a sexual misconduct investigation. Having been involved in dozens of sexual assault cases, we know how to break down the complex evidence that is relied upon to seek your conviction. We have experience analyzing digital forensics, breaking down DNA evidence, scrutinizing medical reports, addressing witness credibility and conflicting or inconsistent statements.
What is a Sex Offense in Ohio
Sex offenses commonly refer to any criminal act involving sexual conduct, sexual contact, or sexually oriented behavior that violates the state’s criminal laws.
THE MOST COMMON OFFENSES INCLUDE:
Sexual CONDUCT Includes:
- Intercourse
- Oral sex
- Anal sex
- Penetration with any body part or object without privilege to do so.
Sexual CONTACT means:
Touching of an erogenous zone for sexual arousal or gratification
Sex Offender Classifications
A conviction of certain offenses in Ohio require that an offender register pursuant the Sex-offender Registration and Notification (SORN) laws. Both Adults and some juveniles are required to comply with these registration requirements. There are two types of offenders who must comply with SORN requirement:
A sex offender is a person who has been convicted of, pleaded guilty to, or adjudicated delinquent by reason of committing an offense that is either inherently sexual or that involved a sexual motivation
A child-victim offender is a person who has been convicted of, pleaded guilty to, or adjudicated as delinquent by reason of committing a “child-victim-oriented offense.” Child-victim-oriented offenses are specified offenses committed against children younger than 18 with no sexual motivation, specifically kidnapping, abduction, and unlawful restraint. This classification also includes attempt, conspiracy, and complicity to commit one of these offenses, and equivalent offenses from other jurisdictions.16 It does not, however, apply to a parent who commits an offense against his or her own child.17 As with the classification for sex offenders, classification as a child-victim-oriented offender is by operation of law once an offender is convicted of a qualifying offense
Tier – III Offender
Tier III sex offenders and child-victim-oriented offenders are subject to registration and verification requirements every 90 days for life.
Tier III SEXUALLY ORIENTED OFFENSES:
- 2907.02 Rape
- 2907.03 Sexual battery
- 2903.01 Aggravated murder with sexual motivation
- 2903.02 Murder with sexual motivation
- 2903.04(A) Unlawful death or termination of pregnancy as a result of committing or attempting to commit a felony with sexual motivation.
- 2905.01(A)(4) Kidnapping of a minor to engage in sexual activity
- 2905.01(B) Kidnapping of a minor, not by parent
- 2907.05(B) Gross sexual imposition, victim younger than 12
- 2903.11 Felonious assault with sexual motivation
- 2903.03(B) Voluntary manslaughter with sexual motivation
- Attempt, complicity, or conspiracy to commit any of the above offenses
- Any sexually oriented offense that occurs after the offender has been classified as a Tier II or III
- Certain offenses with sexually violent predator specification
- Certain offenders sentenced for a violation of ORC 2907.02(A)(1)(b)
- Attempted rape with offender age, victim age, or previous conviction or serious physical harm specification(s)
- Certain offenses with sexual motivation specification when victim is younger than 13 years old
Tier III child-victim-oriented offenses:
- Any child-victim-oriented offense that occurs after the offender is classified as a Tier II or III child-victim-oriented offender
- Attempt, complicity, or conspiracy to commit any of these offenses.
Automatic classification as Tier III:
Tier – II Offender
Tier II sex offenders and child-victim-oriented offenders are subject to registration and verification requirements every 180 days for 25 years.
Tier II juveniles register for 20 years, unless modified by the juvenile court.
TIER II SEXUALLY ORIENTED OFFENSES:
- 2907.21: Compelling prostitution
- 2907.321: Pandering obscenity involving a minor
- 2907.322: Pandering sexually oriented material involving a minor
- 2907.323(A)(1), (2): Illegal use of a minor in nudity-oriented material or performance
- 2907.04: When offender is at least four years older than the victim; or when the offender is less than four years older and has a prior conviction of rape, sexual battery, unlawful sexual conduct, or felonious sexual penetration (former law)
- 2907.05(A)(4): Gross sexual imposition victim younger than thirteen
- 2919.22(B)(5): Child endangering
- 2905.01(A)(1)-(3), (5): Kidnapping with sexual motivation
- 2905.01(A)(4): Kidnapping a victim older than 18 to engage in sexual activity with the victim against the victim’s will
- 2905.02(B): Abduction with sexual motivation
- 2905.32: Trafficking in persons
- Attempt, complicity, or conspiracy to commit any of the above offenses
- Any sexually oriented offense that occurs after the offender has been classified as a Tier I offender.
Tier – I Offender
Tier I sex offenders and child-victim-oriented offenders are subject to registration and verification requirements once every 12 months for 15 years.
Tier I juveniles register for 10 years, unless modified by the juvenile court.
TIER I SEXUALLY ORIENTED OFFENSES:
- 2907.07: Importuning
- 2907.04: Unlawful sexual conduct with a minor, nonconsensual, and when the offender is less than four years older than victim and has not been previously convicted of Ohio Revised Code Section 2907.02, 2907.03, 2907.04, or former 2907.12.
- 2907.08: Voyeurism
- 2907.06: Sexual imposition
- 2907.05(A)(1)-(3),(5): Gross sexual imposition
- 2907.323(A)(3): Illegal use of a minor in nudity-oriented material or performance (possession of material)
- 2905.05(B): Child enticement with sexual motivation
- 2907.32: Pandering obscenity
- 2903.211(A)(3): Menacing by stalking with sexual motivation
- 2905.03(B): Unlawful restraint with sexual motivation
- 2907.22: Promoting prostitution
- 2907.09(B)(4): Public indecency, if the court classifies the offender as a Tier I offender under (D) of that section
- Attempt, complicity, or conspiracy to commit any of these offenses
TIER I CHILD-VICTIM-ORIENTED OFFENSES:
- 2905.01 (A)(1), (2), (3) or (5): Kidnapping (no sexual motivation)
- 2905.02 (A): Abduction (no sexual motivation)
- 2905.03(A): Unlawful restraint (no sexual motivation)
- Attempt, complicity, or conspiracy to commit any of these offenses.
What if You Fail to Properly Register
Once convicted of a registerable offense, it is your responsibility to register per the requirements of your designated sex offender Tier (I, II, or III). Failure to timely register your address or notify the sheriff of your change of address may result in new felony charges.
The penalty for a first violation of any of the above registration requirements is assessed based on the degree of the most serious original registration offense committed by the offender (i.e., the sexual offense that triggered the registration duty). If the most serious original crime was a felony of the first, second, third, or fourth degree, a violation of the above duties is a felony of the same degree as the original crime. If the most serious original registration offense was a felony of the fifth degree or a misdemeanor, a violation of the above duties is a felony of the fourth degree.
For a subsequent conviction, if the most serious original crime was a felony of the first, second, or third degree, a violation of the above duties is a felony of the same degree as the original crime. If the most serious original registration offense was a felony of the fourth or fifth degree, a violation of the above duties is a felony of the third degree. Further, if the most serious original crime was a felony, a mandatory minimum three-year prison sentence is to be imposed. 44 If the most serious original registration offense was a misdemeanor, a violation of the above duties is a felony of the fourth degree. A prior juvenile adjudication for failure to register can be considered for this enhanced penalty.
Call and Begin Your Defense Today.
