In Ohio, the crime of Gross Sexual Imposition can be either a third or fourth degree felony.
Gross Sexual Imposition is a third degree felony in Ohio if the alleged victim was under the age of 13 at the time of the alleged offense; or if a controlled substance was given to prevent resistance by the accuser; and in certain other cases if the accuser was under the age of 12 at the time of the offense.
In all other cases, Gross Sexual Imposition is a fourth degree felony.
If the offense is a third degree felony, then it carries a potential penalty of 12, 18, 24, 30, 36, 43, 48, 54, or 60 months (1 to 5 years) imprisonment. (Although third degree felonies normally carry a maximum prison term of 36 months, the higher sentencing range of up to 60 months imprisonment applies to some crimes, including the offense of Gross Sexual Imposition). Prison is mandatory if either: (1) evidence other than the testimony of the victim was admitted to corroborate the crime; or (2) the offender had a prior sex conviction involving a person under the age of 13.
If the offense is classified as a fourth degree felony, then it carries a penalty of 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, or 18 months imprisonment. Prison is not mandatory, and the offender may be sentenced to community control (probation), subject to the sentencing criteria set forth in Revised Code Section 2929.13(B)-(E).
In addition to the statutory penalties for the offense of Gross Sexual Imposition, effective January 1, 2008, Ohio established offender registration and notification requirements which conform to the federal Adam Walsh Act. This law classifies Gross Sexual Imposition as a “Sexually Oriented Offense,” and requires in-person registration for all persons convicted of the offense.
The Gross Sexual Imposition offenses classified in Revised Code Section 2907.05(A)(1)-(3) and (5) are Tier I classified offenses, which requires registration duties for 15 years for adults and 10 years for juveniles, with in-person verification requirements annually at the county sheriff’s office. Gross Sexual Imposition offenses with an alleged victim under the age of 13 (Revised Code Section 2907.05(A)(4)) are Tier II classified offenses, requiring 25 year registration duties for adults, with in-person verification every 180 days. Gross Sexual Imposition offenses involving a minor under the age of 12 (Revised Code Section 2907.05(B)) can be classified as Tier III offenses, requiring lifetime registration duties and in-person verification every 90 days.
Attorneys in our law firm are available for a free initial consultation about how to defend against sex charges such as Gross Sexual Imposition, or any other alleged crime of sexual misconduct in Columbus or other parts of Ohio.