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RobertJDFL
RobertJDFL, Lawyer
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I had sex with a 17 year old in the state of Ohio. I am 25.

Resolved Question:

I had sex with a 17 year old in the state of Ohio. I am 25. Can anything happen to me? Age of consent is 16 in Ohio and I am not a teacher, etc.

ORC 2907.04 Unlawful sexual conduct with minor
Submitted: 3 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 3 years ago.

Thank you for your question. After reading my answer, please do not hesitate to reply if you have additional questions or need more information.

 

No, so long as the sex was voluntary and consensual, you cannot be charged with a crime for this.

 

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DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.

RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 10260
Experience: Experienced in multiple areas of the law.
RobertJDFL and 6 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
Would sexual texts fall under anything? They did not involve pictures.
Expert:  RobertJDFL replied 3 years ago.
No, it would not -the laws against this deal with messages/pictures to individuals who are underage, and she is of lawful age.
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 10260
Experience: Experienced in multiple areas of the law.
RobertJDFL and 6 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
Ok, so child pornography or anything like that would not matter because she is of the age of consent. Not being 18 has no bearing on this example.
Expert:  RobertJDFL replied 3 years ago.

Allow me to clarify, because I misspoke a little. It's going to depend on the nature of the text message or materials you provide.

 

Section 2907.31 of the Ohio Revise Code provides as follows, in part:

 

(A) No person, with knowledge of its character or content, shall recklessly do any of the following:

(1) Directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;

 

(2) Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles

 

A "juvenile" or minor is defined under Ohio law as anyone under 18 and unmarried.

 

"Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record, or tape, or other tangible thing capable of arousing interest through sight, sound, or touch and includes an image or text appearing on a computer monitor, television screen, liquid crystal display, or similar display device or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape, or similar data storage device.

 

Harmful to juveniles" means that quality of any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sado-masochistic abuse in any form to which all of the following apply:

 

(1) The material or performance, when considered as a whole, appeals to the prurient interest of juveniles in sex.

(2) The material or performance is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles.

(3) The material or performance, when considered as a whole, lacks serious literary, artistic, political, and scientific value for juveniles.

 

When considered as a whole, and judged with reference to ordinary adults or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to that group, any material or performance is "obscene" if any of the following apply:

 

(1) Its dominant appeal is to prurient interest;

(2) Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement, or nudity in a way that tends to represent human beings as mere objects of sexual appetite;

(3) Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty, or brutality;

(4) Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way that inspires disgust or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral, or artistic purpose;

(5) It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty, or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose.

 

Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance involved is harmful to juveniles, except as otherwise provided in this division, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, except as otherwise provided in this division, a violation of this section is a felony of the fifth degree.

 

Of course, the only way this would come out is if the person you sent the information to complained about what was sent. Even then, it would have to be shown that the messages or materials were harmful or obsence in nature. However, given this provison in the law, you should not provide any sexual texts or other materials to this person while stil underage.

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