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3 Cards in this Set

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2907.02 Rape

No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies:(a) For the purpose of preventing resistance, the offender substantially impairs the other person's judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.(b) The other person is less than thirteen years of age, whether or not the offender knows the age of the other person.(c) The other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.(2) No person shall engage in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force.

2907.03 Sexual battery

) No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply:(1) The offender knowingly coerces the other person to submit by any means that would prevent resistance by a person of ordinary resolution.(2) The offender knows that the other person's ability to appraise the nature of or control the other person's own conduct is substantially impaired.(3) The offender knows that the other person submits because the other person is unaware that the act is being committed.(4) The offender knows that the other person submits because the other person mistakenly identifies the offender as the other person's spouse.(5) The offender is the other person's natural or adoptive parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other person.(6) The other person is in custody of law or a patient in a hospital or other institution, and the offender has supervisory or disciplinary authority over the other person.(7) The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school.(8) The other person is a minor, the offender is a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the other person is enrolled in or attends that institution.(9) The other person is a minor, and the offender is the other person's athletic or other type of coach, is the other person's instructor, is the leader of a scouting troop of which the other person is a member, or is a person with temporary or occasional disciplinary control over the other person.(10) The offender is a mental health professional, the other person is a mental health client or patient of the offender, and the offender induces the other person to submit by falsely representing to the other person that the sexual conduct is necessary for mental health treatment purposes.(11) The other person is confined in a detention facility, and the offender is an employee of that detention facility.(12) The other person is a minor, the offender is a cleric, and the other person is a member of, or attends, the church or congregation served by the cleric.(13) The other person is a minor, the offender is a peace officer, and the offender is more than two years older than the other person.

2907.04 Unlawful sexual conduct with minor.

) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.