Whats the legal age for dating

31 Jan

To sum up, having sex with a minor, including oral sex, can constitute any of the following crimes: (1) the crime of Unlawful Sexual Conduct with a Minor (in violation of Ohio revised Code Section 2907.04(A)) if the offender is 18 years of age or older and the minor is 13 years of age or older but under the age of 16; (2) the crime of Sexual Battery (in violation of Ohio Revised Code Section 2907.03(A)(8), (9), or (13)) if the offender is in a position of authority and the minor is under 18 years of age; (3) the crime of statutory Rape (a felony of the first degree in violation of Ohio Revised Code Section 2907.02(A)(1)(b)), if the minor is under the age of 13; or (4) the crime of soliciting a minor (in violation of Ohio Revised Code Section 2907.21(A)(2)(a)) if the offender solicits a person under the age of 18 to engage in sex for hire.

Public Law 216 creates a legal defense, nicknamed the "Romeo and Juliet defense," against charges of sexual misconduct with a minor. "The change in the law decriminalizes consensual sex among teenagers in a dating relationship if they are within four years age difference," said Larry Landis, executive director of the Indiana Public Defender Council.

The Indiana Prosecuting Attorneys Council supported and helped write the new defense. Johnson said the change doesn't lower the age of consent.

A third and final exception, set forth in Ohio Revised Code Section 2907.02(A)(1)(b), arises when the minor is under the age of 13.

In such a situation, regardless of whether the offender knows the other person is under the age of 13, the sexual conduct with a minor under the age of 13 is statutory Rape, a felony of the first degree.

A second exception, set forth in Ohio Revised Code Section 2907.21(A)(2)(a), is the crime of soliciting a minor for prostitution (called ‚ÄúCompelling Prostitution‚ÄĚ under Ohio law) which makes it a third degree felony to solicit a minor (again defined as a person under the age of 18) for sex for hire.

This is a crime regardless of whether the offender knew the accuser was a minor.

But the new law could protect an 18-year-old from adult felony charges if he has sex with a 15-year-old girlfriend, for instance.

Landis said the law change arose from concern that the ever-widening set of crimes that force people to register as sex offenders was having unintended consequences.

For years in Indiana, the age at which a person could legally consent to have sex was 16.

But lawyers for young defendants accused of having sex with 14- and 15-year-olds now can pose a defense against charges of sexual misconduct with a minor.

It modifies a 1994 law that made sexual misconduct with a minor a separate offense from child molesting as a way of dealing with teenage sexuality, Johnson said.