What is the provision under which the teacher may be punished for having sex with a student?
My friend’s teacher forced my friend to have sex with him. My friend is 13 years old and studying in a boarding school in Ohio. What is the provision under which the teacher may be punished for committing such an offense?12/29/2016 | Category: Criminal » Statutory Rape | State: Ohio | #29042
ORC Ann. 2907.03 reads:
“(A) No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply:
(7) The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school.
Whoever violates this section is guilty of sexual battery. Except as otherwise provided in this division, sexual battery is a felony of the third degree. If the other person is less than thirteen years of age, sexual battery is a felony of the second degree, and the court shall impose upon the offender a mandatory prison term equal to one of the prison terms prescribed in section 2929.14 of the Revised Code for a felony of the second degree.”ORC Ann. 2929.14 reads:
“(3) (a) For a felony of the third degree that is a violation of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the Revised Code or that is a violation of section 2911.02 or 2911.12 of the Revised Code if the offender previously has been convicted of or pleaded guilty in two or more separate proceedings to two or more violations of section 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code, the prison term shall be twelve, eighteen, twenty-four, thirty, thirty-six, forty-two, forty-eight, fifty-four, or sixty months.”
Under ORC Ann. 2907.03, the teacher may be punishable of sexual battery for engaging in sexual conduct with a person who is 13 years old.