Unlawful Sexual Conduct: ORC § 2907.04

Under Ohio Revised Code § 2907.04, a person who is 18 years of age or older may be charged with unlawful sexual conduct with a minor if they engage in sexual conduct with someone they know or are reckless in knowing to be 13 years or older but less than 16 years old. 

Unlike some other sex offenses, these cases often involve consensual relationships, but Ohio law still imposes criminal liability based on age differences. A conviction can result in prison time, sex offender registration, and lifelong consequences, even when no force or coercion is alleged.

Under ORC § 2907.04, a person may be charged with unlawful sexual conduct with a minor when:

• The accused is 18 years of age or older, and
• The other person is 13, 14, or 15 years old, and
• The accused knows or is reckless as to the minor’s age

“Sexual conduct” generally includes sexual intercourse or other forms of sexual penetration. Consent by the minor is not a defense under Ohio law.

In Ohio, the age of consent for sexual activity is 16 years old.

How This Crime Is Classified Under Ohio Law

The level of the charge depends largely on the age difference between the parties and the accused’s prior criminal history.

Misdemeanor of the First Degree

Unlawful sexual conduct with a minor is a first-degree misdemeanor when:

• The accused is less than four years older than the minor, and
• There is no prior qualifying sex offense

Felony of the Fourth Degree

This offense is charged as a fourth-degree felony when:

• The accused is four or more years older than the minor, and
• No other enhancement applies

This is the default felony level for most cases under the statute.

Felony of the Third Degree

The charge is elevated to a third-degree felony when:

• The accused is ten or more years older than the minor, and
• There is no qualifying prior sex offense

Felony of the Second Degree – Prior Convictions

Unlawful sexual conduct with a minor becomes a second-degree felony if the accused has a prior conviction for rape, sexual battery, unlawful sexual conduct with a minor, or felonious sexual penetration.

Penalties for Unlawful Sexual Conduct with a Minor in Ohio

Penalties depend on the level of the offense and the accused’s record, but even lower-level convictions carry serious consequences.

First-Degree Misdemeanor

• Up to 180 days in jail
• Fines up to $1,000
• Sex offender registration may still apply

Fourth-Degree Felony

• 6 to 18 months in prison
• Fines up to $5,000
• Sex offender registration

Third-Degree Felony

• 1 to 5 years in prison
• Fines up to $10,000
• Higher-tier sex offender registration

Second-Degree Felony

• 2 to 8 years in prison
• Fines of up to $15,000
• Lifetime or high-tier sex offender registration

Common Questions About Unlawful Sexual Conduct Charges

What does the prosecution have to prove?

To secure a conviction under Ohio law, the state must prove that you were 18 or older, that you engaged in sexual conduct, and that you knew (or were reckless in knowing) the other person was 13–15 years old.

Can a consensual relationship still lead to charges?

Yes. Under this statute, even relationships perceived as “consensual” can lead to charges if the legal age thresholds and elements are met.

Will I have to register as a sex offender?

Depending on the conviction and offense level, Ohio law may require sex offender registration. We can discuss how this could apply to your case and whether challenges exist.

What if the age difference is small?

If you are less than four years older than the minor, the offense can be charged as a misdemeanor rather than a felony.

How We Defend Unlawful Sexual Conduct with a Minor Charges

Every unlawful sexual conduct case has its own facts and legal nuances. Our role is to thoroughly investigate every element of your case, challenge the prosecution’s assumptions, and protect your rights.

Our defense strategy for your case may include:

• Reviewing the state’s evidence — We can examine police reports, witness statements, digital communication records, and any physical evidence to understand the strengths and vulnerabilities of the alleged case.
• Challenging age and knowledge elements — The prosecution must prove both that the minor was within the protected age range and that the defendant knew (or was reckless about knowing) their age. We scrutinize these elements carefully.
• Evaluating consent and context — While consent is not legally recognized in these age-based statutes, the context of the interaction often matters legally and factually.
• Assessing police conduct — We look for unlawful searches, procedural errors, or constitutional violations that could impact how evidence may be used.
• Filing strategic motions — Possibly using motions to suppress evidence that was obtained improperly.
• Preparing for trial — When a plea deal does not serve your goals, we can fully prepare your case for trial before a judge or jury.

Our experience defending sensitive cases means we understand how to approach the legal, emotional, and personal aspects of your situation. We always treat our clients with respect and work hard to protect both your legal rights and your dignity.

We Are Ready to Help – Call Any Time

Being charged with unlawful sexual conduct with a minor in Ohio can feel isolating, but you do not have to navigate this extremely difficult situation alone. At Patituce & Associates in Cleveland, we offer respectful, nonjudgmental legal guidance tailored to your circumstances. 

Our team is dedicated to protecting your rights, explaining your options clearly, and pursuing the strongest defense available under Ohio law.

Contact us today for a free consultation and let us begin protecting your future. Call (440) 771-1175 now.