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Sex Crimes

Criminal Defense Attorneys for Sex Crime Charges in Cleveland, Ohio

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GROSS SEXUAL IMPOSITION SUMMARY:

Gross Sexual Imposition occurs when an individual uses force, the threat of force, or the use of drugs or alcohol to substantially impair another’s judgment or control, in connection with “sexual contact.” Gross Sexual Imposition also occurs when an individual engages in “sexual contact” with another who is less than 13 years old.

GROSS SEXUAL IMPOSITION IN OHIO:

“Gross Sexual Imposition” is a felony, sexually-oriented offense in the State of Ohio that carries serious immediate and collateral consequences, if convicted.  Gross Sexual Imposition or “GSI” for short, involves “sexual contact,” meaning the touching of another person’s erogenous area (thigh, genitals, buttock, public region, or female breast), for the purpose of sexual gratification, when any of the following apply: (1) the offender uses force or threat of force; (2) the offender uses drugs or alcohol to substantially impair the other’s judgment or control and this is done secretly, by force, threat of force, deception, or in connection with a medical procedure; or (3) the other person is less than 13 years old. The Ohio Statute for “Gross Sexual Imposition” is R.C. 2907.05 http://codes.ohio.gov/orc/2907.05 .

To be found guilty of GSI, the State does not have to prove that “sexual conduct,” meaning vaginal or anal intercourse, or oral sex, occurred, but only must only prove that someone committed an inappropriate sexual touching when accompanied by force, threat of force, the use of drugs or alcohol to substantially impair the other, or a victim less than 13 years old.

CONSEQUENCES OF CONVICTION FOR A GROSS SEXUAL IMPOSITION OFFENSE:

If the alleged victim is under the age of 13, then the crime of Gross Sexual Imposition is a Felony of the 3rd degree and the penalties can be severe. In most other cases it is a Felony of the 4th degree. Prison is mandatory in some circumstances. Nevertheless, the negative effects stemming from a conviction for GSI do not end with a prison term.

  • Being a sexually oriented offense, an individual convicted of GSI will be labeled a sexual offender and be required to comply with Sex Offender Registration requirements for several years. See Sex Offender Registration
  • Any individual charged with, or convicted of, GSI is prohibited from possessing a firearm.
  • C. 2950.034 http://codes.ohio.gov/orc/2950.034 prohibits persons convicted of sexually oriented offenses from establishing or occupying a residence within 1,000 feet of any school premises or preschool or child day-care center premises.

SEX OFFENDER CLASSIFICATION FOR GROSS SEXUAL IMPOSITION:

Gross Sexual Imposition has a different classification, depending on which subsection of O.R.C. § 2907.05 the offender is convicted under.

A violation of O.R.C. § 2907.05(A)(1), (2), (3), or (5) is a Tier I offense, the least serious classification. A violation of O.R.C. § 2907.05(A)(4) is a Tier II offense. A violation of O.R.C. § 2907.05(B) is a Tier III offense, the most serious classification.

SEX OFFENDER REGISTRATION FOR GROSS SEXUAL IMPOSITION:

The Sex Offender Registration and Notification Act (“SORNA”), Title I of the Adam Walsh Child Protection and Safety Act of 2006, sets out standards for sex offender registration. Ohio has substantively implemented SORNA.

For purposes of registration, a sex offender is any individual who was convicted of a sex offense. A sex offender must register in the jurisdiction where he resides, is an employee, and/or is a student. The offender must keep the registration up-to-date. Keeping registration up-to-date requires the offender to personally appear in a jurisdiction no later than 3 business following a change in address, employment, or student status to update his sex offender registry. The offender must also update the registry if the offender has a name change. If the offender is convicted in a jurisdiction other than the one in which he lives, then he must initially register there as well.

Ohio requires a Tier I offender to register for 15 years, a Tier II offender to register for 25 years, and a Tier III offender to register for life. Further, in-person appearances are generally required once a year for a Tier I offender, twice a year for a Tier II offender, and every three months for a Tier III offender.

The Ohio Registry can be viewed by anyone and contains information such as the offender’s name, Tier level, age, race, hair color, height, weight, eye color, any scars and/or tattoos, address, and the offense that the offender was convicted of, as well as the date of conviction. The registry also contains a current photograph of the offender.

RAPE SUMMARY:

Typically, Rape occurs when an individual has nonconsensual sexual conduct with another. An individual cannot consent to sexual conduct if his or her “ability to resist or consent is substantially impaired”, under the age of 13, or has a mental disability.

While purposely compelling another to have sexual conduct against his or her will, by force or threat of force, and without consent constitutes Rape, the offense of Rape can result from a variety of different circumstances. In Ohio, Rape is any form of unwanted sexual conduct obtained without consent, inability to consent, and/or obtained through the use of force, threat of force, intimidation, or coercion. The Ohio Statute for “Rape” is R.C. 2907.02 http://codes.ohio.gov/orc/2907.02

Many Rape cases revolve around the element of “consent” or rather, whether there was a lack of consent or an inability to consent and whether the defendant knew, or had reasonable cause to believe, that there was no consent. For example, rendering someone so intoxicated with drugs or alcohol as to impair his or her ability to resist or consent, then engaging in sexual conduct with that person, may constitute Rape. However, having sexual conduct with another person that is voluntarily intoxicated may not necessarily amount to rape. The key issue in such a case would be whether the defendant knew, or had reasonable grounds to believe, that the intoxicated person’s ability to resist or consent was substantially impaired.

Likewise, engaging in sexual conduct with individuals who are unable to consent, such as children under 13 years old, persons with impaired judgment due to advanced age, and/or persons with mental/physical disabilities, may also constitute Rape.

CONSEQUENCES OF CHARGES OR CONVICTION FOR A RAPE OFFENSE:

  • An allegation of Rape, alone, can be extremely devastating, and a conviction for the offense of Rape can carry with it anywhere from three (3) years in some cases, to life in prison in others.
  • C. 2950.034 http://codes.ohio.gov/orc/2950.034 prohibits persons convicted of sexually oriented offenses from establishing or occupying a residence within 1,000 feet of any school premises or preschool or child day-care center premises.
  • An individual charged with, or convicted of, Rape is prohibited from possessing a firearm under both state and federal law.
    • State law prohibits the possession of a firearm by an individual charged with, or convicted of, a felony offense of violence and federal law prohibits the possession of a firearm by an individual convicted of a felony offense punishable by a term of more than 1 year in prison. See, 18 U.S.C. 922(g) https://www.law.cornell.edu/uscode/text/18/922 ; R.C. 2923.13 http://codes.ohio.gov/orc/2923.13 .

SEX OFFENDER CLASSIFICATION FOR RAPE:

Rape is a Tier III sexual offense, which is the most serious sexual offense classification.

SEX OFFENDER REGISTRATION FOR RAPE:

The Sex Offender Registration and Notification Act (“SORNA”), Title I of the Adam Walsh Child Protection and Safety Act of 2006, sets out standards for sex offender registration. Ohio has substantively implemented SORNA.

For purposes of registration, a sex offender is any individual who was convicted of a sex offense. A sex offender must register in the jurisdiction where he resides, is an employee, and/or is a student. The offender must keep the registration up-to-date. Keeping registration up-to-date requires the offender to personally appear in a jurisdiction no later than 3 business following a change in address, employment, or student status to update his sex offender registry. The offender must also update the registry if the offender has a name change. If the offender is convicted in a jurisdiction other than the one in which he lives, then he must initially register there as well.

Ohio requires a Tier III offender to register for life. Further, in-person appearances are generally required once every three months for a Tier III offender.

The Ohio Registry can be viewed by anyone and contains information such as the offender’s name, Tier level, age, race, hair color, height, weight, eye color, any scars and/or tattoos, address, and the offense that the offender was convicted of, as well as the date of conviction. The registry also contains a current photograph of the offender.

SEXUAL BATTERY SUMMARY:

Sexual Battery typically occurs when an individual uses his/her authority or position of trust over another to engage in sexual conduct with that person.

SEXUAL BATTERY IN OHIO:

Sexual Battery, in large part, criminalizes the use of a custodial relationship or position of authority or trust, to engage in sexual conduct with another person.

For example, teachers, coaches, and school administrators who engage in sexual conduct with their students commit Sexual Battery regardless of the other person’s consent. Jailers who engage in sexual conduct with inmates commit the offense of Sexual Battery. Similarly, religious leaders who engage in sexual conduct with congregation members under 18 years of age commit Sexual Battery.

Ohio’s “Sexual Battery” statute also criminalizes sexual conduct when the offender knowingly coerces another to submit by any means that would prevent resistance by a person of ordinary resolution; the offender knows the other’s ability to assess the nature of or control the other’s own conduct is substantially impaired; the offender knows that the other submitted, because the other person is unaware of the act being committed or the other person mistakenly identifies the offender as the other person’s spouse.

The Ohio “Sexual Battery” statute is R.C. 2907.03 http://codes.ohio.gov/orc/2907.03 .

CONSEQUENCES OF CONVICTION FOR A SEXUAL BATTERY OFFENSE:

  • In Ohio, the crime of Sexual Battery is extremely serious, as it is not only a Felony of the 3rd degree with the potential for a prison sentence, but it is also a sexually oriented offense that requires the offender to register as a Sexual Offender, upon conviction.
  • C. 2950.034 http://codes.ohio.gov/orc/2950.034 prohibits persons convicted of sexually oriented offenses from establishing or occupying a residence within 1,000 feet of any school premises or preschool or child day-care center premises.
  • An individual charged with, or convicted of, Sexual Battery is prohibited from possessing a firearm under both state and federal law.
    • State law prohibits the possession of a firearm by an individual charged with, or convicted of, a felony offense of violence. See, R.C. 2923.13 http://codes.ohio.gov/orc/2923.13 .
    • Federal law prohibits the possession of a firearm by an individual convicted of a felony offense punishable by a term of more than 1 year in prison. See, 18 U.S.C. 922(g) https://www.law.cornell.edu/uscode/text/18/922 .

SEX OFFENDER CLASSIFICATION FOR SEXUAL BATTERY:

Sexual Battery is a Tier III sexual offense, which is the most serious sexual offense classification.

SEX OFFENDER REGISTRATION FOR SEXUAL BATTERY:

The Sex Offender Registration and Notification Act (“SORNA”), Title I of the Adam Walsh Child Protection and Safety Act of 2006, sets out standards for sex offender registration. Ohio has substantively implemented SORNA.

For purposes of registration, a sex offender is any individual who was convicted of a sex offense. A sex offender must register in the jurisdiction where he resides, is an employee, and/or is a student. The offender must keep the registration up-to-date. Keeping registration up-to-date requires the offender to personally appear in a jurisdiction no later than 3 business following a change in address, employment, or student status to update his sex offender registry. The offender must also update the registry if the offender has a name change. If the offender is convicted in a jurisdiction other than the one in which he lives, then he must initially register there as well.

Ohio requires a Tier III offender to register for life. Further, in-person appearances are generally required once every three months for a Tier III offender.

The Ohio Registry can be viewed by anyone and contains information such as the offender’s name, Tier level, age, race, hair color, height, weight, eye color, any scars and/or tattoos, address, and the offense that the offender was convicted of, as well as the date of conviction. The registry also contains a current photograph of the offender.

SEXUALLY ORIENTED OFFENSES SUMMARY:

In Ohio, there are many offenses that are classified as “sexually oriented offenses”. In addition to the possibility of incarceration and/or imprisonment, a conviction for a sexually oriented offense carries with it severe and debilitating collateral consequences, including sexual offender registration requirements. In short, a conviction for a sexually oriented offense is a life-altering event.

SEX OFFENDER CLASSIFICATIONS:

The Adam Walsh Child Protection and Safety Act (“Adam Walsh Act”) is a federal statute, which was enacted in 2006. The Act classifies sex offenders and sets standards for registration, creating a national registry. Ohio has implemented its own Adam Walsh Act. See O.R.C. § 2950 http://codes.ohio.gov/orc/2950 . Under the Adam Walsh Act sex offenders are classified on a tier level: Tier 1, Tier 2, and Tier 3, with Tier 1 being the least serious and Tier 3 the most serious. Each offense is classified as a specific Tier level.

SEX OFFENDER REGISTRATION:

The Sex Offender Registration and Notification Act (“SORNA”), Title I of the Adam Walsh Child Protection and Safety Act of 2006, sets out standards for sex offender registration. Ohio has substantively implemented SORNA.

For purposes of registration, a sex offender is any individual who was convicted of a sex offense. A sex offender must register in the jurisdiction where he resides, is an employee, and/or is a student. The offender must keep the registration up-to-date. Keeping registration up-to-date requires the offender to personally appear in a jurisdiction no later than 3 business following a change in address, employment, or student status to update his sex offender registry. The offender must also update the registry if the offender has a name change. If the offender is convicted in a jurisdiction other than the one in which he lives, then he must initially register there as well.

Ohio requires a Tier I offender to register for 15 years, a Tier II offender to register for 25 years, and a Tier III offender to register for life. Further, in-person appearances are generally required once a year for a Tier I offender, twice a year for a Tier II offender, and every three months for a Tier III offender.

The Ohio Registry can be viewed by anyone and contains information such as the offender’s name, Tier level, age, race, hair color, height, weight, eye color, any scars and/or tattoos, address, and the offense that the offender was convicted of, as well as the date of conviction. The registry also contains a current photograph of the offender.

CALL ZUKERMAN FOR SEXUALLY ORIENTED OFFENSES:

It’s an unfortunate fact that individuals charged with a sexually oriented offense face hostile prosecutors and harsh public opinion. In such cases, it may appear that the constitutional presumption of innocence is forgotten, and that persons so accused are guilty unless proven innocent. The attorneys at Zukerman, Lear & Murray Co., L.P.A. believe that an individual’s right to an effective and vigorous defense, regardless of the nature of the crime, is one of the self-evident truths described as an inalienable right in the Declaration of Independence. Make no mistake, being convicted of a sexually oriented offense can dramatically affect the rest of your life. Even if you’re not convicted, an investigation, arrest, and allegations alone can forever damage your career and reputation.

That is why pleading guilty to a sexually oriented offense is rarely acceptable. It is imperative that you hire an experienced, knowledgeable, and aggressive attorney to protect your rights, and to do so as early as possible – ideally, before charges are even brought. Even if you have already been convicted, relief may be available via appeal or a writ of habeas corpus. You need more than an attorney experienced in cases of this nature. You need a champion for your rights, a defender of your dignity, a professional advocate who will work with you and leave no stone unturned in fighting for your future.

SEXUALLY ORIENTED OFFENSES IN OHIO:

(1)       Rape, in violation of R.C. 2907.02;

(2)       Sexual Battery, in violation of R.C. 2907.03;

(3)       Gross Sexual Imposition, in violation of R.C. 2907.05;

(4)       Sexual Imposition, in violation of R.C. 2907.06;

(5)       Importuning, in violation of R.C. 2907.07;

(6)       Voyeurism, in violation of R.C. 2907.08;

(7)       Compelling Prostitution, in violation of R.C. 2907.21;

(8)       Promoting Prostitution, in violation of R.C. 2907.22;

(9)       Pandering Obscenity, in violation of R.C. 2907.32;

(10)     Pandering Obscenity Involving a Minor, in violation of R.C. 2907.321;

(11)     Pandering Sexually Oriented Matter Involving a Minor, in violation of R.C. 2907.322;

(12)     Illegal Use of Minor in Nudity-Oriented Material or Performance, in violation of R.C. 2907.323;

(13)     Unlawful Sexual Conduct With a Minor, in violation of R.C. 2907.04;

(14)     Aggravated Murder, in violation of R.C. 2903.01 when the violation was committed with a sexual motivation;

(15)     Murder, in violation of R.C. 2903.02 when the violation was committed with a sexual motivation;

(16)     Felonious Assault, in violation of R.C. 2903.11 when the violation was committed with a sexual motivation;

(17)     Involuntary Manslaughter, in violation of R.C. 2903.04 when the offender committed or attempted to commit the felony that is the basis of the violation with sexual motivation;

(18)     Menacing by Stalking, in violation of R.C. 2903.211(A)(3);

(19)     Kidnapping, in violation of R.C. 2905.01(A)(1), 2905.01(A)(2), 2905.01(A)(3), or 2905.01(A)(5), when the offense is committed with a sexual motivation;

(20)     Kidnapping, in violation of R.C. 2905.01(A)(4);

(21)     Kidnapping, in violation of R.C. 2905.01(B) when the victim of the offense is under 18 years of age and the offender is not a parent of the victim of the offense;

(22)     Voluntary Manslaughter, in violation of R.C. 2903.03(B);

(23)     Abduction, in violation of R.C. 2905.02(B);

(24)     Unlawful Restraint, in violation of R.C. 2905.03(B);

(25)     Criminal Child Enticement, in violation of R.C. 2905.05(B);

(26)     Endangering Children, in violation of R.C. 2919.22(B)(5);

(27)     Trafficking in Persons, in violation of R.C. 2905.32 when any of the following                applies:

(i)        R.C. 2905.32(A)(1) violation and the offender knowingly recruited, lured, enticed, isolated, harbored, transported, provided, obtained, or maintained, or knowingly attempted to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain, another person knowing that the person would be compelled to engage in sexual activity for hire, engage in a performance that was obscene, sexually oriented, or nudity oriented, or be a model or participant in the production of material that was obscene, sexually oriented, or nudity oriented.

(ii)       R.C. 2905.32(A)(2) violation and the offender knowingly recruited, lured, enticed, isolated, harbored, transported, provided, obtained, or maintained, or knowingly attempted to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain a person who is less than sixteen years of age or is a person with a developmental disability whom the offender knows or has reasonable cause to believe is a person with a developmental disability for any purpose listed in R.C. 2905.32 (A)(2)(a) to (c).

(iii)      R.C. 2905.32(A)(3) violation and the offender knowingly recruited, lured, enticed, isolated, harbored, transported, provided, obtained, or maintained, or knowingly attempted to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain a person who is sixteen or seventeen years of age for any purpose listed in R.C. 2905.32(A)(2)(a) to (c) and the circumstances described in R.C. 2907.03(A)(5), (6), (7), (8), (9), (10), (11), (12), or (13) apply with respect to the offender and the other person.

(28)     A violation of any former law of Ohio, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any of the above-listed offenses;

(29)     Soliciting, in violation of R.C. 2907.24(A)(3);

(30)     Any attempt to commit, conspiracy to commit, or complicity in committing any of                the above-listed offenses.

Featured Success Stories

During trial, ZLM successfully obtained DISMISSAL OF ALL COUNTS for Client charged with two counts of Rape, two counts of Gross Sexual Imposition, two counts of kidnapping, and two counts of sexual battery, following Motion to Dismiss based on destruction of evidence by State of Ohio. The State of Ohio appealed the trial court’s DISMISSAL of the case and ZLM successfully won the appeal, with the appellate court affirming the DISMISSAL of all charges as ordered by the trial court. The State of Ohio sought leave to appeal from the Ohio Supreme Court. Again, ZLM attorneys prevailed again, and the Supreme Court of Ohio declined to review the case. Thereafter, ZLM successfully filed a lawsuit against the detective and complaining witness, amongst others, and successfully negotiated a six-figure financial settlement in Client’s favor.
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