How to Defend Against an Unlawful Sexual Conduct with a Minor Charge (§ 2907.04)

If you or someone you care about is facing charges of unlawful sexual conduct with a minor in Ohio under Ohio Revised Code § 2907.04, you’re dealing with one of the most serious sex crime accusations in the state. These charges can lead to years in prison, lifetime sex offender registration, and devastating personal and professional consequences.

At The Botnick Law Firm, we know that accusations don’t always tell the full story. This guide explains what unlawful sexual conduct with a minor means in Ohio, what prosecutors must prove, and how to protect your rights from the moment charges are filed.

What Is Unlawful Sexual Conduct with a Minor in Ohio?

Under Ohio law, unlawful sexual conduct with a minor occurs when:

• A person 18 years of age or older
• Engages in sexual conduct
• With someone who is 13, 14, or 15 years old
• And the adult knows the minor’s age or is reckless about not knowing it

“Sexual conduct” includes a range of activities, from sexual intercourse to other forms of sexual contact. The key factor is the age difference between the parties, not whether the minor consented—legally, a minor cannot consent to sexual activity with an adult.

Common Situations That Lead to Unlawful Sexual Conduct Charges

Unlawful sexual conduct with a minor charges arise from various situations, often more complex than many people realize. These charges can stem from misunderstandings, false allegations, or situations where the circumstances aren’t as clear-cut as they first appear:

Dating Relationships

Many cases involve teenagers dating young adults. A high school senior who turns 18 could face charges for continuing a relationship with a 15-year-old sophomore.

Social Media Connections

Online relationships where a person misrepresents their age can lead to charges if they later meet in person and engage in sexual activity.

Family Conflicts

False accusations sometimes arise during custody disputes or family disagreements, where one parent or family member uses accusations as leverage.

Party Situations

Cases involving alcohol or drugs at parties where judgment may be impaired and age verification didn’t occur can lead to serious charges.

Mistaken Age

Some cases involve situations where the minor lied about their age, and the adult genuinely believed they were older.

The complexity of these situations shows why having a strong legal defense is critical. What may seem like a simple misunderstanding can quickly become a life-altering criminal case.

Penalties for Unlawful Sexual Conduct with a Minor

The severity of penalties depends on the age difference between the parties and the defendant’s prior record:

• If the adult is less than 4 years older than the minor: Fourth-degree felony, punishable by 6-18 months in prison and fines up to $5,000
• If the adult is 10 or more years older than the minor: Third-degree felony, punishable by 1-5 years in prison and fines up to $10,000
• If the adult has prior sex offense convictions: Second-degree felony, punishable by 2-8 years in prison and fines up to $15,000

Beyond incarceration and fines, a conviction also requires sex offender registration for 15 years to life, depending on the offense level. This means regular check-ins with law enforcement, restrictions on where you can live and work, and public notification of your status.

What to Do If You’re Charged with Unlawful Sexual Conduct with a Minor

The steps you take immediately after being charged can significantly impact your case outcome.

1. Do Not Speak to Police Without an Attorney Present. Even innocent explanations can be misinterpreted or used against you. Politely assert your right to remain silent and request a lawyer.
2. Do Not Contact the Alleged Victim or Their Family. Any contact could be seen as witness tampering or intimidation, making your situation worse.
3. Contact a Criminal Defense Attorney Immediately. The sooner your attorney gets involved, the better they can protect your rights and start building your defense.
4. Preserve All Evidence. Save text messages, social media conversations, emails, and any other communications that might help your case.
5. Stay Off Social Media. Anything you post could be used against you, even posts unrelated to your case.

Having an experienced attorney from the start ensures nothing falls through the cracks that could help your defense.

Your Future Is Worth Defending

Unlawful sexual conduct with a minor charges under § 2907.04 are serious, but they don’t have to define the rest of your life. With the right defense, charges can be reduced, dismissed, or defeated in court.

If you’ve been arrested or charged with unlawful sexual conduct with a minor in Ohio, contact The Botnick Law Firm today for a confidential consultation. We’ll help you make sense of the charges, your options, and the best path forward.

Frequently Asked Questions

Does “I didn’t know they were underage” work as a defense in Ohio?

While not an absolute defense, evidence that you genuinely believed the minor was of legal age can be relevant to whether you acted “recklessly” regarding their age.

Is parental consent a defense to these charges?

No. In Ohio, parents cannot legally consent to sexual activity on behalf of their minor children.

Can these charges be expunged from my record?

Sex offenses against minors are generally not eligible for expungement in Ohio, making a strong initial defense even more important.

What happens if the minor lied about their age?

This can be part of your defense, especially if you took reasonable steps to verify their age, but it’s not an automatic defense in Ohio.

Will I have to register as a sex offender?

Yes, conviction requires registration as a Tier I, II, or III sex offender, depending on the severity of the offense and prior record.

Can text messages or social media help my case?

Absolutely. Communications showing the minor misrepresented their age or that contradict their version of events can be valuable evidence.

What if we were in a serious relationship?

The nature of the relationship doesn’t change the legality, but it might impact how prosecutors or jurors view the case.

If the minor doesn’t want to press charges, will the case be dropped?

Not necessarily. The decision to pursue charges rests with the prosecutor, not the alleged victim or their family.

What if this happened in another state?

Different states have different laws and age of consent rules. However, if any element of the offense occurred in Ohio, you could face charges here.

How long do prosecutors have to file charges?

For most felony sex offenses in Ohio, the statute of limitations is 25 years, or 25 years after the victim turns 18 if they were a minor when the offense occurred.