Common Sex Charges in Cincinnati, OH
Ohio law accounts for a wide range of sex offenses, and violators could face criminal charges. The classification of a charge determines the penalties and punishment that follow conviction. Offenses are classified based on numerous factors. If you face charges for one of the common sex charges, or for any of the nearly 50 different sex crimes outlined in Ohio Revised Code Chapter 2907, a Cincinnati defense attorney from Joslyn Law Firm can help.
Our firm has defended more than 20,000 criminal cases throughout Ohio, including in Cincinnati and Hamilton County. Our familiarity with local and state courts, judges, prosecutors, courtroom staff, and probation officers gives us the edge when at trial and better equips us to deliver successful outcomes for our clients.
Local and national media look to our knowledgeable team for its criminal law expertise. Brian Joslyn is a frequent source and subject matter expert for such media outlets as 4 NBC, 6 ABC, 28 FOX, 10 WBNS, The Plain Dealer, and The Columbus Dispatch. When you are a client, you, too, benefit from Joslyn’s expertise.
Lawyer for Common Sex Charges in Cincinnati, OH
When a person is charged with a sex crime, they often feel as though they have already been tried and convicted, but nothing could be further from the truth. In the eyes of the law, you are innocent until proven guilty. Furthermore, you do not need to prove your innocence. The burden of proof for any Ohio sex charge rests squarely on the prosecution’s shoulders.
After you hire Joslyn Law Firm, we will challenge the prosecution’s case by choosing the best defense against your particular sex charge and the circumstances of your case. Our associate attorneys include a former Hamilton County, Ohio, Assistant Prosecuting Attorney. He knows how prosecutors think and can help devise a strategic defense based on the prosecution’s tactics.
Another associate attorney at our firm worked for more than five years in the Franklin County Public Defender’s Office. He now channels his passion for defending the accused to our clients.
Brian Joslyn is the recipient of multiple awards. Columbus CEO Magazine named him a top lawyer, and the National Academy of Criminal Defense Attorneys recognized him as one of the 10 best criminal lawyers in the state. Joslyn was also given the coveted Super Lawyers “Rising Star” award in recognition of his professional achievements and peer appreciation.
Joslyn Law Firm cares about the dignity of our clients. We do not judge. Rather, we work passionately to protect your rights and ensure the best possible outcome from the judicial process. Call us today for a free evaluation of your case: (513) 399-6289.
Cincinnati Sex Charges Information Center
- Misdemeanor Sex Charges in Cincinnati
- Felony Sex Charges in Ohio
- Penalties for Sex Charges in Ohio
- Evidence in the Common Sex Charge Cases in Cincinnati
- Defenses Against Common Sex Charges in Hamilton County
- Additional Resources for Sex Charges in Ohio
- News About Sex Charges in Ohio
- Frequently Asked Questions About Common Sex Charges in Hamilton County
- Cincinnati Sex Charges Defense Lawyers
Misdemeanor Sex Charges in Cincinnati
Certain sex offenses in Ohio classify as misdemeanors of varying degrees (five in total). If a certain misdemeanor offense involves aggravating factors, the charge can be elevated to a felony offense.
Following is a synopsis of the various misdemeanor sex crimes as identified by Ohio statutes.
Sexual imposition is defined in Ohio Revised Code § 2907.06 and is charged as a misdemeanor of the third degree. However, in certain situations—such as those involving previous convictions—the classification becomes a misdemeanor of the first degree.
As stated in the Ohio Revised Code, it is illegal for a person to engage in sexual contact with someone else who is not their spouse or cause someone else to engage in sexual contact. It is also illegal to cause two or more people to engage in sexual contact in certain conditions:
- The other person finds the sexual contact offensive, and the offender knows this to be true or is reckless to this effect.
- The other person is too impaired to evaluate or control the sexual contact effectively.
- The other person submits to the sexual contact only because they are unaware of it, and the offender knows this to be true.
- The other person is between 13 and 15 years of age, and the offender is four or more years older and at least 18 years old.
- The other person submits to the sexual contact because they are a patient of the offender, who is a mental health professional and has falsely conveyed to the patient that the contact is a necessary treatment.
Ohio Revised Code § 2907.08 specifies that acts of voyeurism are illegal. The classification of this offense depends on certain factors:
- Third-degree misdemeanor: Trespassing, invading privacy, spying, or eavesdropping with the purpose of sexual arousal or gratification
- Second-degree misdemeanor: For the purpose of sexual arousal, trespassing or invading a person’s privacy to capture videos or photos or otherwise record someone who is naked
- First-degree misdemeanor: Photographing, filming, or recording someone else through or under their clothing with the intent of viewing the person’s undergarments or body
- Fifth-degree felony: For the purpose of sexual arousal, trespassing or invading a person’s privacy to capture videos or photos or otherwise record a nude minor
Under the terms of Ohio Revised Code § 2907.09, the criminal offense of public indecency is charged as a fourth-degree misdemeanor. However, the charge could be elevated if circumstances meet certain conditions, such as if:
- The offense involves a minor
- The offender has previous convictions or guilty pleas for this type of violation
In aggravating situations, an act of public indecency could be charged as a third-, second-, or first-degree misdemeanor, or even as a fifth-degree felony. Ohio statutes explain that public indecency happens when an offender commits one of the following acts:
- Exposes their private parts
- Engages in masturbation or sexual conduct
- Engages in conduct that looks like sexual conduct or masturbation to an ordinary observer
If the offender is 10 or more years older than the minor and has previously been convicted of or pleaded guilty to this type of offense, the court can classify them as a Tier I sex offender/child-victim offender. They will then have to register as such.
As a criminal offense defined in Ohio Revised Code § 2907.23, procurement of prostitution constitutes a first-degree misdemeanor. If the procurement involves a prostitute under age 16, the offense will be charged as a fourth-degree felony. Procuring a prostitute who is 16 or 17 years old qualifies as a fifth-degree felony.
Ohio law defines this offense as either of the following:
- Enticing or soliciting someone to patronize a brothel or prostitute
- Procuring a prostitute for someone else to patronize
Solicitation for Prostitution
Ohio Revised Code § 2907.23 specifies that it is a first-degree misdemeanor to “knowingly and for gain” solicit someone to patronize a brothel or prostitute.
Disseminating Matter Harmful to Juveniles
According to Ohio Revised Code § 2907.31, a person who disseminates matter harmful to juveniles is in violation of Ohio law and can be charged with a first-degree misdemeanor. The court can elevate this charge to a fourth-degree felony if the material is obscene or is shown to a person who is under 13 years old.
Ohio law states that it is illegal to directly do or offer to do any of the following: sell, deliver, provide, or disseminate obscene or harmful material or performance to juveniles or police posing as juveniles.
Displaying Matter Harmful to Juveniles
Displaying matter harmful to juveniles constitutes a first-degree misdemeanor, with each day of display counting as a separate offense. Specifically, it is illegal under Ohio Revised Code § 2907.311 to display material harmful to juveniles in a place of business when it is openly viewable to the general public and juveniles, in particular.
If the establishment covers at least the bottom two-thirds of the material or keeps the harmful portion from open view, this action does not constitute a violation of Ohio law.
Deception to Obtain Matter Harmful to Juveniles
As per Ohio Revised Code § 2907.33, a person can be charged with a second-degree misdemeanor if they misrepresent themselves as a parent, guardian, or spouse of a juvenile to gain the juvenile’s admission to a performance that would be harmful to them.
It is also illegal to provide documentation that falsely represents the juvenile’s age as at least 18 years for this same type of admission. If a juvenile falsely represents their age or marital status to gain such admission, they could also be charged with this offense.
Felony Sex Charges in Ohio
The following violations are common felony sex crimes defined by Ohio law and information about potential charges.
Ohio Revised Code § 2907.02 pertains to rape. This statute makes it a first-degree felony to engage in sexual conduct with someone to whom a person is not married or who is a spouse residing apart from the offender. A court will impose the same prison term that corresponds with a first-degree felony under the following conditions:
- The offense involves impairing (by force or deceit) the other person with a controlled substance (minimum five-year prison sentence).
- The victim is under 13 years of age (life imprisonment). If no serious physical harm befell the victim, the victim was at least 10 years old, and the offender has not previously pleaded guilty to or been convicted of this violation, the court will order life imprisonment. If a victim is under the age of 10 or was seriously injured, or the offender has previous convictions for this offense, the court may impose a term of life without parole.
If the offender is under the age of 18, the court will not order a prison term of life without parole.
Ohio Revised Code § 2907.03 makes sexual battery a criminal offense charged as a third-degree felony, with certain exceptions. In cases where the victim is under age 13, the offense is charged as a second-degree felony with a mandatory prison term.
According to Ohio statutes, sexual battery happens when the offender engages with someone other than their spouse under the following conditions:
- The other person is coerced to engage in the conduct.
- The other person is impaired beyond understanding or controlling the nature of the activity, and the offender recognizes this impairment.
- The other person submits to the sexual conduct because they do not know it is happening, and the offender knows this to be true.
- The other person submits only because they think the offender is their spouse, and the offender knows this.
- The other person is the offender’s offspring, ward, adoptive child, or stepchild.
- The offender has some authority over the other person as a doctor or custodian of a hospital or similar institution.
- The offender is a school administrator, teacher, or coach, and the other person is a minor.
- The offender is the minor’s scouting troop leader, instructor, or coach, or otherwise has disciplinary control over the victim.
- The other person is a mental health patient of the offender, who induces submission by falsely stating that sexual conduct is a necessary mental health treatment.
- The offender is employed with a detention facility in which the other person is confined.
- The offender is a cleric at a congregation where the minor attends church.
- The offender is a law enforcement officer more than two years older than the other person, who is a minor.
Unlawful Sexual Conduct with a Minor
Ohio Revised Code § 2907.04 makes it a fourth-degree felony for a person who is at least 18 years old to engage in sexual conduct with someone (not their spouse) between 13 and 15 years old.
Charges for unlawful sexual conduct with a minor can move up or down in classification, depending on various factors:
- The charge becomes a first-degree misdemeanor if the minor is less than four years younger than the offender.
- The charge is elevated to a third-degree felony if the minor is more than 10 years younger than the offender.
- The offense is charged as a second-degree felony if the offender has a previous conviction or guilty plea to this same violation.
Gross Sexual Imposition
As per Ohio Revised Code § 2907.05, gross sexual imposition is a fourth-degree felony, with certain exceptions, as follows:
- If the offender administers a controlled substance to impair the other person's judgment, the offense is a felony of the third degree.
- If the victim is under the age of 13, the offense is a third-degree felony.
- If the offender touches the genitalia of another person who is under the age of 12 with the intent to arouse sexual desire, humiliate, or abuse the other person, this constitutes a third-degree felony.
Gross sexual imposition involves having sexual contact with someone (other than the offender’s spouse) when:
- The offender uses force or threat of force to compel the subject to submit.
- The offender administers a controlled substance, intoxicant, or drug to prevent the other person’s resistance.
- The offender is aware that an intoxicant or drug has impaired the other person’s judgment.
- The other person is under the age of 13.
- A mental or physical condition or advanced age impairs the other person’s ability to resist or consent to the sexual contact.
- Soliciting someone under the age of 13 to engage in sexual activity
- Knowingly soliciting for the same via a telecommunications device when the offender is at least 18 years old, and the other person is younger than 13 years of age
- Soliciting for sexual activity a law enforcement officer posing as someone under the age of 13 and who the offender believes to be younger than 13 years old
Again, certain circumstances can cause the classification of this offense to change, as follows:
- Second-degree felony: The offender has a previous conviction for a sex offense or a child-victim crime, and the other person is less than 13 years old.
- Fourth-degree felony: The offender has a previous conviction for a sex offense and is at least 18 and four or more years older than the other person, who is between ages 13 and 15.
- Fifth-degree felony: The offender is at least 18 and at least four years older than the other person, who is between the ages of 13 and 15.
Commercial Sexual Exploitation of a Minor
Ohio Revised Code § 2907.19 makes it a third-degree felony to buy advertising space to advertise sex for hire and contains a picture of a minor.
As specified in Ohio Revised Code § 2907.21, it is a third-degree felony to:
- Force someone to participate in sex for hire
- Encourage, induce, solicit, facilitate, or encourage sex for hire with minors
- Pay a minor (or someone the offender believes is a minor) for sex
- Allow a minor to engage in sex for hire when a parent/guardian/custodian is allowing the activity to take place
The charges for this offense change with certain factors, as follows:
- If the minor is 16 or 17 years old, the offender is charged with a second-degree felony.
- If the minor is under the age of 16, the offender faces a first-degree felony.
According to Ohio Revised Code § 2907.22, it is a fourth-degree felony to:
- Be professionally involved as the manager, operator, owner, supervisor, or controller of a brothel that facilitates sex for hire
- Have some interest in a brothel that facilitates sex for hire
- Control, manage, or supervise a prostitute’s sex-for-hire activities
- Transport a person for the purpose of their engaging in sex for hire
This crime becomes a third-degree felony when the person engaged in sex for hire is a minor.
Ohio Revised Code § 2907.32 states that it is a fifth-degree felony to knowingly create, publish, or reproduce obscene material or performance. Previous convictions for this offense will elevate the charge to a fourth-degree felony.
Specifically, pandering obscenity makes it illegal to:
- Create, publish, or reproduce obscene material when the offender knows the material will be publicly displayed or disseminated or used for commercial exploitation
- Be involved in the promotion, advertising, delivery, or dissemination of obscene material
- Make available such obscene material or performance by sale, delivery, display, and other means
- Produce, direct, or create an obscene performance when the offender is aware the performance will be publicly presented or used for commercial exploitation
- Promote or advertise an obscene performance and charge admission or publicly present the performance
- Procure, purchase, control, or possess obscene material with the intent of promoting or advertising it
A child pornography offense could be prosecuted as a violation of several sections of the Ohio Revised Code:
- Ohio Revised Code § 2907.321: Pandering obscenity involving a minor or impaired person
- Ohio Revised Code § 2907.322: Pandering sexually oriented matter involving a minor or impaired person
- Ohio Revised Code § 2907.323: Illegal use of nudity-oriented matter involving a minor or impaired person
These offenses could warrant charges from a fourth-degree felony to a second-degree felony, depending on the circumstances of the material and activity involved.
Penalties for Sex Charges in Ohio
If you are being investigated or have been arrested for a sex offense in Cincinnati, our attorneys can review how state laws classify the offense for which you face charges. The following sections outline the potential for jail or prison time, plus possible fines if a court convicts you of the sex charge.
Penalties in Ohio Misdemeanor Convictions
Ohio Revised Code § 2924.24 lays out the definite jail terms for misdemeanors, as follows:
- First-degree misdemeanor: As many as 180 days in jail and/or a potential fine of up to $1,000
- Second-degree misdemeanor: As many as 90 days in jail and/or a potential fine of $750
- Third-degree misdemeanor: As many as 60 days in jail and/or a potential fine of up to $500
- Fourth-degree misdemeanor: As many as 30 days in jail and/or up to a $250 fine
On top of an appropriate jail sentence, a judge can order penalties that correspond to the facts of the case. These include house arrest, suspension of driving privileges, probation, parole, community service, and/or mandatory drug or alcohol testing.
Penalties in Ohio First- and Second-Degree Felony Convictions
Ohio Revised Code § 2929.14 specifies the definite prison terms for felony convictions. The rules for sentencing in first- and second-degree felonies are extremely complicated and get more so if a person is convicted of multiple felonies.
The sentencing laws for first- and second-degree felonies are as follows:
- First-degree felony: Three to 11 years in prison; maximum fine of $20,000
- Second-degree felony: Two to eight years in prison; maximum fine of $15,000
An Ohio judge for a sex crime case selects a minimum prison sentence, then adds 50 percent of that term to arrive at the maximum duration.
Penalties in Ohio Third-, Fourth-, and Fifth-Degree Felony Convictions
A person convicted of a third-, fourth-, or fifth-degree felony in Ohio faces a definite prison term, plus associated fines, as follows:
- Third-degree felony: Nine, 12, 18, 24, or 36 months (although the crimes of unlawful sexual conduct with a minor and gross sexual imposition are subject to longer definite prison terms); and/or fine of up to $10,000
- Fourth-degree felony: six to 18 months; fine of up to $5,0000
- Fifth-degree felony: six to 12 months; and/or fine of up to $2,500
A person convicted of rape or attempted rape of a minor under 13 will face a mandatory prison term.
Evidence in the Common Sex Charge Cases in Cincinnati
Ohio law specifies that no court can convict a person based solely on a victim’s testimony when it is unsupported by other evidence.
This assertion means that a prosecutor must provide additional evidence outside of the testimony of an alleged victim for a court to convict. A prosecutor typically looks for forensic, physical, or biological evidence to support their charges in sex crime cases. Examples of common types of evidence they might present at trial include:
- Hair follicles
- Bite marks
- DNA evidence from saliva, semen, skin cells, or blood
- Photos of injuries, including bleeding and bruising
- Fibers from victims’ clothing worn at the time of the alleged offense
The presence of any such evidence does not necessarily confirm that the alleged offender committed a sex crime. It is the prosecutor’s responsibility to prove every element of the charge beyond a reasonable doubt. This includes establishing that sexual conduct between the alleged victim and offender was not consensual.
Defenses Against Common Sex Charges in Hamilton County
The type of defense best suited for any given sex charge depends on the offense in question and the details of the alleged crime. The following defenses are common to sex crime charges.
For starters, prosecutors must provide sufficient evidence to prove a defendant’s guilt—beyond a reasonable doubt—to a jury. When used strategically, this defense could persuade the prosecution to drop charges before the trial even gets underway.
If the prosecution succeeds in substantiating the sex charge, we must raise another defense, which could still lead to dismissal or mitigation of charges.
Many sex crimes rest on the element of consent—or lack thereof. In these cases, the alleged victim’s lack of consent serves as the backbone of the charge against the defendant (unless the alleged victim is a minor, disabled, or it is a matter of statutory rape).
If appropriate for your case, our attorneys can present evidence that the alleged victim did, in fact, consent to the sexual activity, thereby invalidating the claim that a crime occurred.
DNA/Rape Kit Abnormalities
For certain sex crimes, prosecutors rely on DNA samples and rape kit analysis results as compelling evidence that connects a defendant to the offense. However, these testing methodologies must follow strict protocols to maintain the legitimacy of their results.
For example, if there was a delay in the rape kit examination (longer than three days), DNA evidence can be lost. In such a case, our lawyers might argue to exclude the kit analysis results from evidence, as they would be highly prejudicial and compromise the fairness of the trial. Similarly, if the alleged victim refuses to have a rape kit examination, we could present this refusal as evidence that the sexual activity was consensual.
Many Ohio laws related to sex charges say that if a Cincinnati couple is married and living together when the alleged criminal sexual conduct occurred, the activity is not legally a crime. In fact, with the exception of forcible rape, marriage is a complete defense to a rape charge, provided the parties involved were not in the process of seeking a divorce, annulment, or separation.
Statute of Limitations Defense
If the alleged sex crime occurred in Cincinnati, Ohio’s statute of limitations could apply as a defense. These time limitations for prosecuting a sex charge exist to preserve the integrity of evidence, among other things. For example, in the case of sexual battery, the statute of limitations is 25 years.
For a charge of unlawful sexual conduct with a minor, the statute of limitations is 20 years. Therefore, prosecutions for these charges must begin within this period (or within that window after the alleged victim turns 18 years old, whichever occurs later). Otherwise, in most cases, the court must dismiss the indictment.
The Constitution of the United States affords many rights for the criminally accused. If authorities violate any of these rights, our attorneys can raise this violation as a defense. Examples of Constitutional rights that could apply as a defense against a Cincinnati sex charge include:
- 4th Amendment: Protection against unreasonable government searches and seizures
- 5th Amendment: Right to due process (this includes protection from self-incrimination; assurance of being read one’s Miranda rights; and the right to a speedy trial)
- 6th Amendment: Right to be judged by a jury of one’s peers, to understand the nature of the charges, and to have legal representation
Our legal team will review the facts of your case and decide which defense applies best to your Cincinnati sex charge. Then, we will adopt the strategy that offers the surer path to dismissal or mitigation of charges.
Additional Resources for Sex Charges in Ohio
This website offers a document that details the Cincinnati Police Department’s procedures for conducting sex crime investigations, including departmental policies, methods for collecting evidence, and guidelines for interrogating a suspect in custody.
This website, an effort of the Ohio Attorney General (AG), describes the Special Investigations Unit, including the sex crimes division. Visit the site to read up on this office’s array of investigative services, including the crime intelligence unit, investigative services, and missing person(s) unit.
A nonprofit social service agency, Women’s Crisis Center advocates for sexual abuse victims’ safety, health, and civil rights. Rape victims can contact the agency for support, crisis intervention, and a number of tools that could help victims rebuild their self-esteem and re-establish their independence.
Women Helping Women (WHW) was established in 1973 with a mission to stop gender-based violence and help victims of such violence recover. The group engages in crisis intervention and provides a wealth of support services for individuals who have survived sexual violence, stalking, dating violence, and domestic violence in Hamilton County. You can visit this site to access resources for survivors or learn more about how you can help prevent gender-based violence.
This nonprofit organization was created as an advocacy group to promote the testing of backlogged rape kits across the country. By visiting this website, you can view the state of rape kit backlog in Ohio. You can also read about current rape kit legislation and advocacy efforts for sex crime survivors.
Ohio Attorney General’s Trauma-Informed Sexual Assault Investigation: Realities and Investigative Strategies
This training event is presented for the benefit of law enforcement officers and personnel, as well as prosecutors. Approved by the Supreme Court of Ohio Commission on Continuing Education, this course brings the expertise of Ohio AG’s Interpersonal Violence Response Training Team to train prosecutors and law enforcement on their responses to victims of sexual assault. Attendees learn:
- How a victim’s memory, reactions, and behavior are affected by sexual assault trauma
- Tips for interviewing sex crime victims
- The value of the Sexual Assault Nurse Examiner
- How police officers’ actions can change the course of an investigation
News About Sex Charges in Ohio
June 7, 2021
“Registered Sex Offender Sentenced to 29 Years in Prison for Soliciting and Producing Child Pornography from Teenage Boys on Social Media”
The Department of Justice U.S. Attorney’s Office Southern District of Ohio issued a press release announcing that Brendan J. Eardly of Troy, Ohio, was sentenced to 348 months in prison. Eardly allegedly used social media to encourage young males to send him sexually explicate photos and videos—amounting to child pornography.
Court documents revealed that the man engaged online with more than 60 young boys across the globe, suggesting he could be their “gay mentor.” Eardly had a prior sex conviction that required him to register as a sex offender.
May 28, 2021
Cleveland Scene reports on various statements made by people who support House Bill 121, legislation that would eliminate Ohio’s loophole for spousal rape, sexual battery, gross sexual imposition, and other forms of sexual assault. Among the supporters quoted are Heather McComas-Harrison, who protests that her husband would not be charged for sex crimes he perpetrated against her through many years of marriage.
Policy Director and Staff Attorney for the Ohio Domestic Violence Network explains that House Bill 121 offers equal access to the law for rape victims, whether the rape occurred within their marriage or elsewhere.
May 19, 2021
According to this Journal-News article, prosecutors have asked for the joining of two cases against chiropractor Dr. Stephen Boyd. The chiropractor faces 28 sex charges for inappropriately touching patients and engaging in misconduct.
Eight of the alleged victims were juveniles or in their late teens when the alleged crimes took place. Charges include one count of attempted rape, two counts of attempted sexual battery, two counts of gross sexual imposition, four counts of rape, seven counts of sexual battery, and 12 counts of gross sexual imposition.
April 12, 2021
“Cincinnati Bishop Who Quit in Fallout Over Priest Charged with Raping Altar Boy Will Be Pastor Over 2 Churches”
FOX 19 NOW reports that Auxiliary Bishop Emeritus Joseph Binzer of the Archdiocese of Cincinnati will serve as pastor for two Hamilton County churches beginning July 1. Binzer had offered to resign his post following his alleged failure to report accusations that Father Geoff Drew had behaved improperly with children.
Drew has been charged with nine counts of rape involving a 10-year-old child while serving as the music minister at St. Jude School in Green Township. If convicted, he faces life in prison. He has pleaded not guilty to the charges and is being held at the Hamilton County jail.
November 9, 2020
The Cincinnati Enquirer reports that four people were arrested for conspiring in the sex trafficking of 16-year-old girls. The two men and two women allegedly used the Quality Hotel Conference Center in Blue Ash to facilitate their sex trafficking enterprise. According to prosecutors, they obtained audio recordings of the accused as they talked about plans for providing the minor girls for sex.
Frequently Asked Questions About Common Sex Charges in Hamilton County
Q. What Are the Rules for Sex Offenders in Ohio?
- Ohio law states that a convicted sex offender must register and remain on an Ohio state list for anywhere from 15 years to the rest of their lives. “Megan’s Law” made this sex offender registration a legal requirement. Registration is based on the sex offense rather than the level of risk.
Q. What Is the Statute of Limitations for Sex Crimes in Ohio?
- The statute of limitations for prosecuting an individual for sex charges in Ohio varies, depending on the offense. For accusations of sexual battery, the time limit is 25 years from the alleged incident. For unlawful sexual conduct with a minor, the prosecution must begin within 20 years of the incident.
Q. What Is a Tier 1 Sex Offender in Ohio?
- Under Ohio law, a Tier 1 sex offender is the designation given to a person convicted of the lowest level of sex crimes. Individuals who register as Tier 1 sex offenders usually do not have previous convictions. Their crimes might include such offenses as importuning, voyeurism, pandering obscenity, and other such crimes.
Q. What are Some Defenses Against Sex Charges in Ohio?
The most common defenses to sex charges in Ohio include:
- Lack of evidence
- Lack of DNA evidence
- Problems with a rape kit
- Expiration of the statute of limitations
- Constitutional violations
Q. Is Jail Time Mandatory for a Felony in Ohio?
- In some felony cases, Ohio does impose mandatory prison terms. Such charges would include rape or attempted rape of a minor under the age of 13.
Cincinnati Sex Charges Defense Lawyers
If you are being investigated for a sex crime or have been charged with a sex offense in Cincinnati, a lawyer from Joslyn Law Firm will work to protect your rights as a criminal defendant.
Contact Joslyn Law Firm today for a free consultation: (513) 399-6289.