SEX Offenses | sex crimes defense ATTORNEY


Columbus criminal defense attorney Brandon Shroy has a history of successful defense against sex offense allegations

Sex crimes are being reported with increasing frequency as attitudes regarding sexual norms and what constitutes consent changes, and law enforcement agencies have dedicated more time and resources to their investigation and prosecution. Such charges carry an especially harsh stigma.

Reporting as a sex offender is public record which is often posted online by the local sheriff's department and is searchable through the U.S. Department of Justice. Sexual misconduct allegations are very serious and should not be taken lightly. Make sure you have an attorney experienced in defense against allegations of sexual misconduct. Contact Columbus Criminal Defense Attorney Brandon Shroy today. 

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SEX OFFENSE CASE RESULT:
Reduced Charges

A client was 19, and was arrested for a Rape allegation carrying the possibility of 3-11 years in prison.  After negotiation and collecting statements from witnesses, the prosecuting attorney agreed to drop the charge which will soon be sealed from public view.


FREQUENTLY ASKED QUESTIONS ABOUT SEX OFFENSE CHARGES IN OHIO

What are sex offense laws in Ohio?
Sex offense laws prohibit various types of sex crimes.  Typical examples are Rape, Sexual Battery, and Sexual Imposition.  Some of these charges do not involve actual sexual contact or conduct.  Rather, they involve possession of illegal sexual material such as child pornography. 

What is the Ohio Sex Offender Registry?
Certain laws require that if you plead guilty or are found guilty by a jury that the State of Ohio register people as convicted sex offenders.  Ohio maintains a sex offender registry that is broken down into three tiers.  The tiers correspond to the level of intrusiveness that is requires and is broken down as follows:

Tier I Sex Offender: (least intrusive)
Ohio Law requires offenders to “verify the offender’s current residence address or current school, institution of higher education, or place of employment address” (ORC 2950.06(B)).  This must be done annually for 15 years at the Sheriff’s Department.

Tier II Sex Offender:
Ohio Law requires offenders to “verify the offender’s current residence address or current school, institution of higher education, or place of employment address” (ORC 2950.06(B)).  
This must be done every 180 days for 25 years at the Sheriff’s Department.

Tier III Sex Offender:
Ohio Law requires offenders to “verify the offender’s current residence address or current school, institution of higher education, or place of employment address” (ORC 2950.06(B)).  
This must be done every 90 days for life at the Sheriff’s Department.

What sex offenses are Tier I offenses?

§2907.07 Importuning
§2907.04 Unlawful Sexual Conduct with a minor less than 4 years younger
§2907.08 Voyeurism
§2907.07 Sexual Imposition
§2907.05 (A)(1)-(3), (5) Gross Sexual Imposition
§2907.323 (A)(3) Illegal Use of a Minor in Nudity-Oriented Material or Performance
§2907.05 (B) Child Enticement with Sexual Motivation
§2907.32 Pandering Obscenity
§2907.211 (A)(3) Menacing by Stalking with Sexual Motivation
§2907.03(B) Unlawful Restraint with Sexual Motivation

**Any attempt, complicity, or conspiracy to commit any of these offenses.**

What sex offenses are Tier II offenses?

§2907.21 Compelling Prostitution
§2907.321 Pandering Obscenity Involving a Minor
§2907.322 Pandering Sexually Oriented Material Involving a Minor
§2907.323 (A)(1) and (2) Illegal Use of a Minor in Nudity-oriented Material or Performance
§2907.04 Unlawful Sexual Conduct with a Minor more than 4 years younger
§2907.05 (A)(4) Gross Sexual Imposition – Victim under 13
§2907.22 (B)(5) Child Endangering – Enticing into sexually oriented matter
§2905.01 (A)(1)-(3),(5) Kidnapping with Sexual Motivation
§2905.01 (A)(4) Kidnapping victim over 18
§2907.02 (B) Abduction with sexual motivation

**Any sex offense that occurs after offender has been classified as a Tier I offender**
**Any attempt, complicity, or conspiracy to commit any of these offenses.**

What sex offenses are Tier III offenses?

§2907.02 Rape
§2907.04 Sexual Battery
§2903.01 Agg. Murder with Sexual Motivation
§2903.02 Murder with Sexual Motivation
§2903.04 (A) Unlawful Death or termination of pregnancy as a result of committing or attept to commit a felony with sexual motivation
§2905.01 (A)(4) Kidnapping of minor to engage in sexual activity
§2905.01 (B) Kidnapping of minor, not by parent
§2907.05 (B) Gross Sexual Imposition
§2903.11 Felonious Assault with Sexual Motivation

**Any offense that occurs after the offender is classified as a Tier II offender**
**Any offense with a Sexually Violent Predator specification**
**Any Attempt, complicity or conspiracy to commit any of these offenses**

For more information about sexual offense tiers, click here.


SEX OFFENSE CHARGES IN OHIO

Rape (F1) - engaging in unwanted sexual conduct without the consent of the other person. Usually achieved by force, threat of force, or intimidation. 

Sexual battery (F3) - engaging in sexual conduct where the other person was coerced and/or unable to resist. 

Pandering Obscenity Involving a Minor (F2) - creating, reproducing, publishing, buying, selling, distributing, or publicly displaying obscene material involving a minor/minors. 

Unlawful sexual conduct with minor - a person, who is 18 or older, can be charged with this offense if they knowingly or recklessly engaged in sexual conduct with another person who is 13 years old but less than 16. Prior criminal history and the range of age between the person and minor are used in determining which level of felony or misdemeanor the perpetrator will be charged with. 

Gross Sexual Imposition (GSI) - touching another person's erogenous areas (thighs, genitals, breasts, etc) for the purposes of sexual gratification, using force or threat of force; use of drugs/alcohol, deception; or if the other person is under 13. 

Sexual Imposition - touching another person's erogenous areas when the touching is offensive to the alleged victim; the alleged offender knows the alleged victim is impaired by drugs/alcohol; the alleged victim is asleep or passed out; the alleged victim is between 13 and 16; or the alleged offender is using their status as a mental health professional to persuade a patient that it is for medical necessity. 

Importuning - attempting to engage in sexual activity with an individual under the age of 13, regardless of whether or not the alleged offender is aware of the individual's age. 

Voyeurism - invading someone else's privacy to spy or eavesdrop on them for one's own sexual arousal or gratification. This charge also encompasses taking pictures of or filming someone in a state of privacy. Depending on the details of the alleged crime, this can be charged anywhere from a misdemeanor of the 3rd degree to a felony of the 5th degree.

Public Indecency - exposing oneself or engaging in a sexual act in close proximity to others who are not members of one's household. Depending on the details of the alleged crime, this can be charged anywhere from a misdemeanor of the 4th degree to a felony of the 5th degree. 

Prostitution - engaging in sexual activity for money or payment. This is charged as a misdemeanor of the 3rd degree, or a felony of the 4th or 5th degree if the alleged perpetrator has tested positive for HIV/AIDS. 

Solicitation - soliciting a person to engage in sexual activity in exchange for money. This is charged as a misdemeanor of the 3rd degree, or a felony of the 4th or 5th degree if the alleged perpetrator has tested positive for HIV/AIDS.


brandon-shroy-ohio-sex-offense-defense-attorney

Brandon Shroy has spent more than a decade defending and winning sex offense cases in Central Ohio.

As your attorney, Brandon Shroy will utilize his extensive criminal defense experience and leverage his reputation as an aggressive litigator to fight on your behalf and deliver the best possible outcome.

Brandon practices in all Central Ohio courts including the Federal District Court for the Southern District of Ohio, the Courts of Common Pleas, Municipal courts and Mayor's courts.


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