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And in its opinion the court was clear that it was not condoning the officer's behavior. Writing for the court, Chief Justice Maureen O'Connor noted that provisions in the sexual battery statute that apply to a teacher or a minister or a mental health provider are different in that they require an occupational relationship with the minor.The state said a provision of the state's sexual battery statute, which bars sexual conduct with a minor when the officer is more than two years older than the minor, violated the equal protection clauses in the U. The ban for officers, though, required no such relationship and as such was an "arbitrarily disparate treatment of peace officers." The original case The case involved former Waite Hill officer Matthew Mole, then 35, who was convicted in 2012 of sexual battery.

But the section of the sexual battery statute, as written to apply to officers, violated the equal protection clauses of the U. A 4-3 decision, the ruling by the state's highest court also affirms the appellate decision to overturn a Waite Hill officer's conviction.(1) Except as otherwise provided in divisions (B)(2), (3), and (4) of this section, unlawful sexual conduct with a minor is a felony of the fourth degree.(2) Except as otherwise provided in division (B)(4) of this section, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree.(A) 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. 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...(b) the other is person is less than thirteen years of age, whether or not the offender knows the age of the other person Ohio has five statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state.j Query(function() { j Query('#search Banner').hide(); // This ensures that a non-Java Script client can still use the search set Timeout(img Loader, 100); j Query('#ouws_q').val('Search').remove Class('active'); // active is the default state if there is no Java Script, so we'll remove it since there is.

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