February 28, 2025 | Criminal Defense

Consent Laws in Ohio

Understanding consent laws in Ohio can help you avoid serious legal troubles and protect your rights. This topic is incredibly important when dealing with charges like sexual assault or statutory rape, where misunderstanding consent laws can lead to life-changing consequences. Learn about what our Ohio criminal defense lawyers have to say about specific guidelines as to what qualifies as consent, and it’s important to be aware of them as a defendant.

In Ohio, the legal age of consent for sexual activity is 16. This means that individuals who are at least 16 are legally capable of agreeing to sexual conduct under most circumstances. 

However, even if a relationship does not violate statutory rape laws, parents can sometimes step in and try to pursue other charges. If parents believe their child is being pressured into harmful behaviors by an older person, they can pursue charges such as contributing to the unruliness or delinquency of a child.

Additionally, the age of consent effectively becomes 18 when the offender is in a position of trust or authority over the minor, such as a coach or teacher. This extra safeguard exists to protect minors from adults who might abuse that power.

Romeo and Juliet Laws in Ohio

Ohio’s Romeo and Juliet provisions lessen the penalties for consensual sexual activity between teenagers who are close in age. Generally, it remains illegal for an adult (18 or older) to have sexual contact with anyone under 16, but if the age gap is less than four years, the charge is downgraded to a first-degree misdemeanor. 

This can lead to a maximum of six months in jail and a $1,000 fine. The purpose is to prevent extremely harsh punishments when two teenagers are involved and their ages are only a few years apart.

Criminal Charges When the Victim is Under the Age of 16

Even if the relationship seems voluntary, Ohio’s laws can still lead to criminal charges when the other person is under 16. It’s important to understand the types of offenses and penalties involved.

  • Rape (Child Younger Than 13): Engaging in sexual conduct with a child under 13 is a first-degree felony, carrying 10 years to life in prison and up to a $20,000 fine. First-time offenders younger than 16 may receive lighter sentences if the victim is older than 10.
  • Unlawful Sexual Conduct With a Minor (Ages 13–15): If you’re 18 or older and have sexual conduct with someone 13 to 15, you could face a first-degree misdemeanor (up to 6 months in jail), a fourth-degree felony (6 to18 months in prison and a $5,000 fine), or a third-degree felony (1 to 5 years in prison and a $10,000 fine) depending on the age gap.
  • Sexual Imposition: This applies if the minor is 13 to 15 and the offender is 18 or older, with at least a 4-year age gap. The crime is a third-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.
  • Sexual Battery by Persons in Positions of Trust: Adults in positions of authority (like teachers and coaches) who engage in sexual conduct with a minor face a third-degree felony, which can mean 1 to 5 years behind bars and a $5,000 fine. If the victim is under 13, the penalties become more severe.

If convicted of a sex crime, you also face having to register as a sex offender, which can impact your life significantly.

Even allegations of these crimes can have long-lasting effects on your personal and professional life. If you find yourself facing charges, it’s a good idea to talk to an experienced attorney. Contact our criminal defense lawyers today to schedule a free consultation. 

Contact the Dayton Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today

For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (937) 531-0435 or visit us at our Dayton Law Office.

Suhre & Associates DUI and Criminal Defense Lawyers – Dayton
130 West Second Street #17-129
Dayton, OH 45402
United States