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Sex Offenses

Sexual offense accusations in Dayton can result in harsh punishments if your allegations result in an arrest and conviction, including prison time, sex offender registration requirements, fines, a criminal record, a negative impact on personal and business relationships, an inability to pursue certain professions, jobs and occupations, and/or possible ineligibility to be admitted into graduate school programs and colleges.

Even if the alleged sex offense was unintentionally or accidentally committed, or you were unaware the act was illegal, it is essential to contact a knowledgeable sex crimes defense lawyer immediately after your accusations.

If you have been charged with a sex crime in Dayton, you do not necessarily have to face a conviction for the offense. The prosecution must prove you committed every element of the offense beyond a reasonable doubt. This can be a very difficult burden to meet, and if the judge or jury has any doubt you committed an element to the sex crime, the charges against you may be reduced or even dismissed. Therefore, it is important to begin creating your best possible legal defense as soon as possible.

Dayton Sex Crimes Lawyer

Contact the Joslyn Law Firm for a consultation today about your alleged sex crime throughout the areas of Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek and Fairborn. Brian Joslyn is knowledgeable in all areas of Ohio’s sexual offense and will make every to help you achieve the most desirable outcome for your particular situation. Contact the Joslyn Law Firm for a free consultation at (614) 444-1900 if you have been charged with a sex offense throughout Dayton, Ohio.


Dayton Sex Crimes Information Center


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Dayton Sex Crimes

Some of the most common sex offenses in Dayton are listed below, as defined in Chapter 2907 of the Ohio Revised Code.

Rape – Ohio Rev. Code § 2907.02 – An individual can be charged with this offense if they engage in sexual conduct with another person when the offender purposely makes the other person submit by force or threat of force. An individual can also be charged with this offense if they engage in sexual conduct with another person who is not their spouse, or is their spouse but lives separately, and:

    • They substantially impair that person’s judgment or control, in order to prevent resistance, through the use of drugs, controlled substances or intoxicant by force, threat of force or deception;
    • The other person is less than 13 years old; or
    • The alleged offender knows or has reason to believe the other person’s ability to resist or consent is impaired by mental or physical condition, or advanced age.

This offense is punishable as a felony of the first degree, and depending on the age of the victim, may result in life imprisonment or life without parole.

Sexual Battery – Ohio Rev. Code § 2907.03 – An individual can be charged with this offense if they engage in sexual conduct with another person, and the offender:

    • Has supervisory or disciplinary authority over a patient in a hospital or other institution or is in custody of law;
    • Is a cleric and the other person is a minor and attends the church served by the cleric;
    • Is a mental health professional who induces a client or patient to believe the sexual conduct is necessary for mental health treatment;
    • Is a person with temporary or occasional disciplinary control over the other person, such as an athletic coach, instructor or scouting troop leader;
    • Is a teacher, administrator, coach or other person employed by or serving in a public  school, and the other person attends the school;
    • Is a teacher, administrator, coach or other person employed by or serving in an institution of higher education, and the other person is a minor;
    • Is an employee of a detention facility and the other person is confined in the detention facility;
    • Is the other person’s parent, including adoptive or step, or guardian;
    • Knowingly coerces another person to submit;
    • Knows the other person submits because they are unaware the act is being committed;
    • Knows the other person submits because they mistakenly identified the alleged offender as their spouse; and/or
    • Knows the other person’s ability to control their conduct is substantially impaired.

This offense is punishable as a felony of the second or third degree, and may result in mandatory prison terms.

Unlawful Sexual Conduct with a Minor – Ohio Rev. Code § 2907.04 – An individual can be charged with this offense if they are 18 years and they knowingly or recklessly engage in sexual conduct with an individual who is 13 but less than 16 years old. This offense is punishable as a misdemeanor of the first degree or felony of the fourth, third or second degree.

Sexual Imposition - Ohio Rev. Code § 2907.06 – An individual can be charged with this offense if they engage in sexual contact with a person who is not their spouse, cause another person to engage in sexual contact, or cause two or more other persons to have sexual contact when:

    • They knew the sexual contact is offensive or reckless;
    • They knew the other person’s ability to control the offender’s conduct is substantially impaired;
    • They knew the other person submits because they are unaware of the sexual contact;
    • The alleged offender is at least 18 and four or more years older than the other person, and the other person is 13 but less than 16 years old; or
    • The alleged offender is a mental health professional who induces a client or patient to believe the sexual conduct is necessary for mental health treatment.

This offense is punishable as a misdemeanor of the first or third degree.

Importuning – Ohio Rev. Code § 2907.07 – An individual can be charged with this offense if they:

  • Solicit a child under the age of 13 to engage in sexual activity, regardless if the alleged offender knew of the age of the child;
  • Solicit an individual who is 13 years old or older but younger than 16 when the alleged offender is 18 years old or older or four or more years older than the other person; or
  • Solicit a child through the use of a computer or other telecommunication device when the alleged offender is 18 or older.

This offense is punishable as a felony of the fifth, fourth, third or second degree.

Voyeurism – Ohio Rev. Code § 2907.08 – An individual can be charged with this offense if they trespass or invade the privacy of another for the purpose of sexually arousing or gratifying the alleged offender. This offense is punishable as a misdemeanor of the third degree, misdemeanor of the second degree, misdemeanor of the first degree or felony of the fifth degree.

Public Indecency – Ohio Rev. Code § 2907.09 – An individual can be charged with this offense if they recklessly do any of the following within close proximity of another person:

  • Expose their genitals;
  • Masturbate;
  • Engage in sexual conduct; or
  • Engage in conduct that appears to be sexual conduct or masturbation.

This offense is punishable as a misdemeanor of the fourth degree, misdemeanor of the third degree, misdemeanor of the second degree, misdemeanor of the first degree or felony of the fifth degree.

Prostitution – Ohio Rev. Code § 2907.21 – An individual can be charged with this offense if they knowingly:

    • Compel another to engage in sexual activity for hire,
    • Induce, procure, encourage, solicit, request or otherwise facilitate a minor to engage in sexual activity for hire,
    • Pay or agree to pay a minor to engage in sexual activity, regardless if the alleged offender knows the age of the minor,
    • Pay a minor for having engaged in sexual activity, regardless if the alleged offender knew the age of the minor, and/or
    • Allow a minor to engage in sexual activity for hire if the alleged offender is a parent, guardian or custodian of the minor child.

This offense is punishable as a felony of the third, second or first degree, and may result in a mandatory prison sentence.


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Sex Offender Classification in Ohio

Under the federal Adam Welsh Act, sex offenders are universally classified into three different tiers nationwide, which are as follows:

Tier I – If an individual is convicted of any of the following offenses, they may be classified in this tier:

  • Importuning,
  • Sexual Conduct with a minor,
  • Sexual Imposition,
  • Gross Sexual Imposition,
  • Voyeurism, and
  • Child pornography.

Tier I offenders must register with the county sheriff at least one time every year for 15 years, and inform local law enforcement of any change of address, change of employment, or enrollment in school or institution of higher education.

Tier II – An individual convicted of any of the following offenses may be classified in this tier:

  • Compelling prostitution,
  • Pandering sexually oriented material of a minor,
  • Pandering obscenity involving a minor,
  • Child endangerment,
  • Sexual conduct with a minor, and
  • Any repeat Tier I offense.

Tier II offenders must register with the sheriff in their county every 180 days for 25 years, in addition to registering any change of employment, enrollment in school or institution of higher education, or any change of address.

Tier III – An individual convicted of any of the following offenses may be classified in this tier:

  • Rape,
  • Sexual Battery,
  • Murder with sexual motivation,
  • Aggraavted murder with sexual motivation,
  • Gross Sexual Imposition, and
  • Any repeat Tier II offense.

Tier III offenders must register with the sheriff in their county every 90 days for the remainder of their life, in addition to registering any enrollment in school or institution of higher education, change of address, or change of employment.


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Dayton Sex Crime Repercussions

As listed in the Ohio Revised Code, an individual that has been convicted of a sex offense throughout Ohio can face any of the following penalties:

  • Misdemeanor of the Fourth Degree – This degree of sex offense can result in
  • Misdemeanor of the Third Degree – This degree of sex offense can result in up to 60 days in jail and/or a fine up to $500.
  • Misdemeanor of the Second Degree – This degree of sex offense can result in up to 90 days in jail and/or a fine up to $750.
  • Misdemeanor of the First Degree – This degree of sex offense can result in up to 180 days in jail and/or a fine up to $1,000.
  • Felony of the Fifth Degree – This degree of sex offense can result in a prison sentence ranging from six to 12 months and/or a fine up to $2,500.
  • Felony of the Fourth Degree – This degree of sex offense can result in a prison sentence ranging from six to 18 months and/or a fine up to $5,000.
  • Felony of the Third Degree – This degree of sex offense can result in a prison sentence ranging from one to five years and/or a fine up to $10,000.
  • Felony of the Second Degree – This degree of sex offense can result in a prison sentence ranging from two to eight years in prison and/or a fine up to $15,000.
  • Felony of the First Degree – This degree of sex offense can result in a prison sentence ranging from three to 10 years and/or a fine up to $20,000.

Although these are the basic statutory penalties, they may vary depending on various factors, such as:

  • The age of the alleged victim,
  • Whether the alleged offender has a previous criminal history,
  • Whether the alleged offender caused serious bodily injury or death, and/or
  • Whether a mandatory sentence is required for the offense.

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Sex Crime Resources in Dayton

Ohio Revised Code – Chapter 2907 of the Ohio Revised Code defines the elements, penalties and punishments for many sex crimes and sexual offenses in Ohio, including rape, sexual battery, prostitution and sexual imposition.

Ohio Justice and Policy Center – This organization pursues law reform litigation to assist former offenders, including sexual offenders, successfully return to society through the organization’s Second Chance Project.

Ohio Attorney General – The Ohio Attorney General’s website provides information on individuals who are registered sex offenders in the state, in addition to information on victim’s compensation for individuals who are victims of violent sex crimes.

Ohio Department of Rehabilitation and Correction – The Ohio Department of Rehabilitation and Correction provides information on entering society after confinement, a list of registered sex offenders, and workforce development options for individuals who have been convicted of criminal offenses.

The Association for the Treatment of Sexual Abusers – The Association for the Treatment of Sexual Abusers is an international organization that aims to prevent sexual abuse through education, research and shared learning.


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Joslyn Law Firm | Dayton Sexual Offense Defense Attorney

If you have been accused of a sex offense throughout the areas of Montgomery County, Miami County, Clark County and Greene County, contact the Joslyn Law Firm today. Brian Joslyn is an experienced criminal attorney in Dayton who will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Contact the Joslyn Law Firm at (614) 444-1900 today for a free consultation about your alleged sex crime in Dayton.