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In re J.T.

Citations

  • 2018 Ohio 457

Syllabus

R.C. 2907.05(A)(4), gross sexual imposition, is not unconstitutional as applied to a child under the age of 13 who engaged in sexual contact with another child under the age of 13 where competent and credible evidence exists in the record to support the mens rea of purpose. Further, appellant was not a member of a protected class (i.e. child under 13) where competent and credible evidence exists to differentiate him from the victim through proof of sexual arousal or gratification. Judgment affirmed.

Judges: Zimmerman

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