Ohio § 2907.05

§ 2907.05.

(A) No person shall have sexual contact with another;  cause another to have sexual contact

with the offender;  or cause two or more other persons to have sexual contact when

any of the following applies: (1) The offender purposely compels the other person, or one of the other persons, to

submit by force or threat of force. (2) For the purpose of preventing resistance, the offender substantially impairs the

judgment or control of the other person or of one of the other persons by administering

any drug, intoxicant, or controlled substance to the other person surreptitiously

or by force, threat of force, or deception. (3) The offender knows that the judgment or control of the other person or of one of

the other persons is substantially impaired as a result of the influence of any drug

or intoxicant administered to the other person with the other person's consent for

the purpose of any kind of medical or dental examination, treatment, or surgery. (4) The other person, or one of the other persons, is less than thirteen years of age,

whether or not the offender knows the age of that person. (5) The ability of the other person to resist or consent or the ability of one of the

other persons to resist or consent is substantially impaired because of a mental or

physical condition or because of advanced age, and the offender knows or has reasonable

cause to believe that the ability to resist or consent of the other person or of one

of the other persons is substantially impaired because of a mental or physical condition

or because of advanced age. (B) No person shall knowingly touch the genitalia of another, when the touching is not

through clothing, the other person is less than twelve years of age, whether or not

the offender knows the age of that person, and the touching is done with an intent

to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any

person. (C) Whoever violates this section is guilty of gross sexual imposition. (1) Except as otherwise provided in this section, gross sexual imposition committed in

violation of division (A)(1), (2), (3), or (5) of this section is a felony of the

fourth degree.  If the offender under division (A)(2) of this section substantially impairs the

judgment or control of the other person or one of the other persons by administering

any controlled substance, as defined in section 3719.01 of the Revised Code , to the person surreptitiously or by force, threat of force, or deception, gross

sexual imposition committed in violation of division (A)(2) of this section is a felony

of the third degree. (2) Gross sexual imposition committed in violation of division (A)(4) or (B) of this

section is a felony of the third degree.  Except as otherwise provided in this division, for gross sexual imposition committed

in violation of division (A)(4) or (B) of this section there is a presumption that

a prison term shall be imposed for the offense.  The court shall impose on an offender convicted of gross sexual imposition in violation

of division (A)(4) or (B) of this section a mandatory prison term, as described in

division (C)(3) of this section, for a felony of the third degree if the offender

previously was convicted of or pleaded guilty to a violation of this section, rape,

the former offense of felonious sexual penetration, or sexual battery, and the victim

of the previous offense was less than thirteen years of age. (3) A mandatory prison term required under division (C)(2) of this section shall be a

definite term from the range of prison terms provided in division (A)(3)(a) of section 2929.14 of the Revised Code for a felony of the third degree. (D) A victim need not prove physical resistance to the offender in prosecutions under

this section. (E) Evidence of specific instances of the victim's sexual activity, opinion evidence

of the victim's sexual activity, and reputation evidence of the victim's sexual activity

shall not be admitted under this section unless it involves evidence of the origin

of semen, pregnancy, or sexually transmitted disease or infection, or the victim's

past sexual activity with the offender, and only to the extent that the court finds

that the evidence is material to a fact at issue in the case and that its inflammatory

or prejudicial nature does not outweigh its probative value. Evidence of specific instances of the defendant's sexual activity, opinion evidence

of the defendant's sexual activity, and reputation evidence of the defendant's sexual

activity shall not be admitted under this section unless it involves evidence of the

origin of semen, pregnancy, or sexually transmitted disease or infection, the defendant's

past sexual activity with the victim, or is admissible against the defendant under section 2945.59 of the Revised Code , and only to the extent that the court finds that the evidence is material to a fact

at issue in the case and that its inflammatory or prejudicial nature does not outweigh

its probative value. (F) Prior to taking testimony or receiving evidence of any sexual activity of the victim

or the defendant in a proceeding under this section, the court shall resolve the admissibility

of the proposed evidence in a hearing in chambers, which shall be held at or before

preliminary hearing and not less than three days before trial, or for good cause shown

during the trial. (G) Upon approval by the court, the victim may be represented by counsel in any hearing

in chambers or other proceeding to resolve the admissibility of evidence.  If the victim is indigent or otherwise is unable to obtain the services of counsel,

the court, upon request, may appoint counsel to represent the victim without cost

to the victim.