Eleanor Finch
In Ohio, sex crimes are classified into three tiers, with Tier II constituting moderate-risk offenders who are deemed to have committed more severe crimes than Tier I offenders but less grievous than Tier III offenders. Tier II offenders are required to register every 180 days for 25 years and remain on the public registry for the same duration. Offenders may be classified as Tier II if they previously committed a Tier I offense. Tier II offenses include compelling prostitution, gross sexual imposition, child endangering, and abduction, among others.
| Characteristics | Values |
|---|---|
| Tier II Offenses | Compelling prostitution, pandering involving a minor, child nudity or pornography, gross sexual imposition, unlawful sexual conduct, abduction, human trafficking, child endangering, kidnapping with sexual motivation, pandering obscenity involving a minor, pandering sexually oriented material involving a minor |
| Registration Requirements | Registration every 180 days for 25 years |
| Registration Database | Electronic Sex Offender Registration and Notification (e-SORN) |
| Community Notification | No |
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What You'll Learn
Compelling prostitution
In Ohio, compelling prostitution is a Tier II sex offense. This means that it is a serious crime that carries severe penalties. Under state law, compelling prostitution is defined as a third-degree felony, which can result in a prison sentence of one to five years. However, it can also be charged as a second-degree felony, with a possible prison sentence of two to eight years, or a first-degree felony, resulting in a sentence of three to eleven years. The specific charge depends on the age of the victim, with harsher penalties for offenses involving minors.
Prostitution and related offenses are not legal in Ohio. The state law prohibits prostitution, and cities and towns may also have additional ordinances criminalizing it. While acts of prostitution are generally misdemeanors, most other prostitution offenses, such as compelling prostitution, are felonies. The harshest penalties are for offenses involving children, and a conviction for child prostitution requires mandatory registration as a sex offender.
Ohio has a three-tier system for classifying and registering sex offenders. Tier II offenders, also known as habitual sex offenders, must register every six months for 25 years. The registration includes the sex offender's name, photograph, sex crime committed, and residential address, and it is available to the public.
It is important to note that the criminalization of sex work is a controversial topic. Advocacy work has been done to keep sex workers safe and provide alternatives for those who wish to exit the industry. If an individual is facing prostitution-related charges in Ohio, it is recommended that they consult a criminal defense attorney to understand their options and seek a favorable solution.
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Child pornography
Possession of child pornography in Ohio is a crime that can result in prison time and sex offender registration. The tier level assigned to an individual convicted of possessing child pornography is based on factors such as their prior criminal record and the specific circumstances of the case.
Under Ohio's child pornography laws, it is illegal to create, reproduce, sell, deliver, exhibit, possess, buy, control, or publish obscene material depicting a minor or a child engaged in sexual activity. These laws are outlined in Chapter 2907 of the Ohio Revised Code.
The penalties for possession of child pornography in Ohio are severe. A conviction at the state or federal level can result in a prison sentence ranging from a minimum of five years to a maximum of 20 years. Aggravating factors, such as the number of images possessed, can increase the sentence.
In addition to prison time, individuals convicted of child pornography offenses in Ohio may be required to register as sex offenders. This involves providing personal information, including their name, photograph, address, and details of the offense, to a searchable sex offender registry database. The registration requirements vary depending on the assigned tier, with Tier II offenders needing to register every six months for 25 years.
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Gross sexual imposition
In Ohio, Gross Sexual Imposition (GSI) is defined by Ohio Revised Code Section 2907.05. GSI involves non-consensual sexual contact or coercing others into sexual activity without consent.
Ohio R.C. 2907.01 defines sexual contact as any touching of an erogenous zone (e.g., genitals, buttocks, or breasts) with the intent to sexually arouse or gratify either party. This includes any touching of the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast.
GSI occurs when a person engages in sexual contact with another individual, not their spouse, under certain circumstances, including:
- Force or Threat: The offender compels submission by force or threat of force.
- Impairment: The offender impairs the victim’s judgment or control through drugs, intoxicants, or deception.
- Knowledge of Impairment: The offender knows the victim’s ability to consent is impaired due to substances administered with the victim’s consent for medical purposes.
- Minor Victim: The victim is under 13 years of age, regardless of the offender's knowledge of their age.
- Mental/Physical Condition: The victim’s ability to consent is impaired due to a mental or physical condition, and the offender is aware or should reasonably be aware of this impairment.
The penalties for GSI in Ohio vary depending on the circumstances. Generally, GSI is a felony of the fourth degree, punishable by 6 to 18 months in prison and/or a fine of up to $5,000. If the victim is under the age of 13, or if the offender used sedatives, alcohol, or other substances in the commission of the offense, GSI is a felony of the third degree, punishable by 9 to 60 months in prison and/or a fine of up to $10,000.
In terms of sex offender classification, GSI typically results in a Tier I classification, requiring registration every 12 months for 15 years. However, if the victim is younger than 13 years old, the offender will be classified as a Tier II sex offender, requiring registration every 180 days for 25 years.
It is important to note that being accused of GSI can have severe consequences, including lasting damage to one's reputation. If accused, it is advisable to contact an attorney immediately to guide you through the legal process and build your defense.
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Child abduction
In Ohio, a sex offender is defined as someone convicted of or who has pleaded guilty to any sexually oriented offense, regardless of age. This definition does not include cases of consensual sexual activity between individuals aged 18 and above.
Ohio categorises sex crimes into three tiers: Tier 1, Tier 2, and Tier 3, with Tier 3 being the most restrictive and reserved for the most serious offences. Tier 1 is the least serious and least restrictive tier, although it still carries life-altering requirements for registrants. An offender's tier designation is based on their conviction.
Tier 2 sex offenders, also known as habitual sex offenders, include those convicted of compelling prostitution, pandering involving a minor, child nudity or pornography, gross sexual imposition, unlawful sexual conduct, abduction, and human trafficking.
Abduction with sexual motivation (Ohio Revised Code 2905.02(B)) is a Tier 2 offence. Depending on the facts of the case, it can be either a second-degree felony carrying two to eight years in prison or a third-degree felony carrying one to five years in prison. If there is a sexual motivation specification, the court must impose a prison sentence within the aforementioned ranges.
Child enticement with sexual motivation (ORC 2905.05(B)) is a Tier 1 offence and is a first-degree misdemeanour carrying up to 180 days in jail. If the defendant has a prior sexual offence on their record, it becomes a fifth-degree felony, carrying a maximum sentence of one year in prison.
Child endangering (ORC 2919.22(B)(5)) is a Tier 2 offence and a second-degree felony carrying a possible sentence of two to eight years in prison. If the defendant pleads guilty to a sexual motivation specification, the court must impose a prison sentence within the aforementioned range.
Other Tier 2 offences include:
- Compelling prostitution (ORC 2907.21)
- Pandering obscenity involving a minor (ORC 2907.321)
- Pandering sexually oriented material involving a minor (ORC 2907.322)
- Illegal use of a minor in nudity-oriented material or performance (ORC 2907.323 (A)(1) and (2))
- Gross sexual imposition with a child under 13 (ORC 2907.05 (A)(4))
All sex offenders in Ohio are required to register based on their crime classification. Tier 2 sex offenders must register every 180 days for a term of 25 years. They must notify the County Sheriff of any changes in residence, work, and other related matters. Failure to comply is considered a civil infraction.
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Human trafficking
In Ohio, sex crimes are classified into three tiers, with Tier II being the second most serious category. Tier II sex offenders, also known as habitual sex offenders, include those who have committed crimes such as compelling prostitution, pandering involving a minor, child nudity or pornography, gross sexual imposition, unlawful sexual conduct, abduction, and human trafficking.
In Ohio, human trafficking is addressed through various state laws and initiatives. The state has implemented the Electronic Sex Offender Registration and Notification System (e-SORN) to track and monitor sex offenders, including those convicted of human trafficking. Additionally, Ohio has adopted the Adam Walsh Child Protection and Safety Act tier classification and Megan's Law categories, which impose stricter penalties on sex offenders, including human traffickers.
The penalties for human trafficking in Ohio can include significant prison sentences, fines, and other consequences. The specific charges and penalties would depend on the details of the case, such as the age of the victims, the presence of aggravating factors, and the defendant's prior criminal history. It is important to note that human trafficking cases can be complex and may involve multiple charges and violations of different state and federal laws.
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Frequently asked questions
Tier II sex offenses in Ohio are considered moderate-risk and include crimes such as compelling prostitution, soliciting a minor, possessing child pornography, gross sexual imposition of a victim under 13, kidnapping or abduction, and human trafficking.
Tier II sex offenders in Ohio must register every 180 days (or every six months) for a period of 25 years. They are also included in Ohio's Electronic Sex Offender Registration and Notification online database, which is accessible to the public.
The penalties for Tier II sex offenses in Ohio can vary depending on the specific crime and the circumstances. For example, compelling prostitution can be charged as a second or third-degree felony, with prison sentences ranging from one to eight years. Child endangering is typically charged as a second-degree felony, resulting in a possible prison sentence of two to eight years.
