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Samuel II
Samuel II, Attorney at Law
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what orc would be violated by kissing a student on school property

Customer Question

what orc would be violated by kissing a student on school property if the student is of age of consent and the other party is not licensed?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Samuel II replied 5 years ago.

hi

 

my research is not revealing any laws that pertain to a teacher/student relationship or any other type of "position of authority" law which would preclude two adults from partaking in any sexual activity.

 

many states do have laws that prohibit that behavior when one is in a position of authority. but i dont see where Oregon has any - of course, such a law would not specify that the person in authority needs to be licensed in any way. it would simply be based on that position or authority. in many states, that includes sports coaches, piano teachers, etc.

 

here is the link to the statutes

 

 

Customer: replied 5 years ago.
Well this question pertains to Ohio first of all. I should have stated that more clearly. I know there are laws against "sexual conduct" between student /teacher,coach... this would be defined as "sexual battery". But kissing is not included in the definition of "sexual conduct" so it would not be sexual battery. I am not sure if kissing is considered "sexual contact" as stated in ohio revised code it does not specifically list it..all this being said I was trying to find a law other than sexual battery because that clearly does not fit at least the way I understand it, But one that would pertain to just kissing or maybe "sexual contact" if that would even apply.
Expert:  Samuel II replied 5 years ago.

hi

 

i am so used to looking at ORS as Oregon, i never thought to ask.

Expert:  Samuel II replied 5 years ago.

hi

 

the sexual battery is the only statute i can find that would pertain as it states "...employed by or serving in a school ..." as to the legal definition of "sexual contact" it could be a simple as a kiss because it is for sexual gratification.

 

§ 2907.03. Sexual battery.

(A) 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.

(B) Whoever violates this section is guilty of sexual battery. Except as otherwise provided in this division, sexual battery is a felony of the third degree. If the other person is less than thirteen years of age, sexual battery is a felony of the second degree, and the court shall impose upon the offender a mandatory prison term equal to one of the prison terms prescribed in section 2929.14 of the Revised Code for a felony of the second degree.

(C) As used in this section:

 

(1) "Cleric" has the same meaning as in section 2317.02 of the Revised Code.

(2) "Detention facility" has the same meaning as in section 2921.01 of the Revised Code.

(3) "Institution of higher education" means a state institution of higher education defined in section 3345.011 [3345.01.1] of the Revised Code, a private nonprofit college or university located in this state that possesses a certificate of authorization issued by the Ohio board of regents pursuant to Chapter 1713. of the Revised Code, or a school certified under Chapter 3332. of the Revised Code.

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