Defense Against Sex Crime Charges in Southwest Ohio & Beyond
When it comes to responding to sex crime allegations, time is of the essence. If convicted, you could be facing severe penalties that could tarnish your reputation and follow you around for the rest of your life. If you have been charged with a sex crime, seek the immediate help of the Dayton sex crime attorneys at Moermond & Mulligan, LLC. Whether you are accused of rape, sexual assault, sexual battery, we can help protect your rights and liberties.
Need guidance? Contact us at (513) 421-9790 for a free initial consultation with our Dayton sex crime lawyers.
Ohio Sex Crimes Laws
“Sex crimes” is an umbrella term referring to different types of conduct involving sex-related acts, such as intercourse, unlawful contact, soliciting sex, paying for sex, or secretly observing or recording people who are nude. Chapter 29 of the Ohio Revised Code concerns illegal sexual behavior.
Nearly two dozen sex offenses are enumerated in the Chapter, including:
- Rape: This offense involves unlawful sexual conduct by force or supplying an intoxicant that impairs the other person’s judgment, or when the victim is physically unable to resist or is under 13 years of age.
- Sexual battery: Charges for this offense can arise when a person engages in unlawful sexual conduct with another under specific situations, such as when the alleged offender uses coercion, the victim can’t appraise the nature of the conduct, the victim is unaware of what’s happening to them, or the victim mistakenly believes that the actor is their spouse.
- Gross sexual imposition: A person may be accused of committing this offense if they allegedly sexually contacted another by using force or threat, administering an intoxicant that impairs the victim’s judgment, when the victim is unable to resist, or when the victim is under 13 years of age.
- Child pornography: In Ohio, alleged child pornography offenses can be pursued under O.R.C. §§ 2907.321, 2907.322, and 2907.323. These statutes prohibit creating, promoting, advertising, possessing, or buying material depicting a child engaged in sexual conduct or an obscene performance.
- Unlawful sexual conduct with a minor: This offense occurs when someone 18 years of age or older engages in sexual conduct with someone between 13 and 15 years of age.
- Importuning: Charges for this offense may arise when someone solicits a minor to engage in sexual conduct.
- Pandering obscenity involving a minor: This refers to the act of knowingly creating, reproducing, distributing, or possessing obscene material that involves a minor. This offense is outlined in the Ohio Revised Code and is considered a serious criminal offense due to the exploitation of minors. Obscene material typically includes sexually explicit images or videos that lack any serious literary, artistic, political, or scientific value. Pandering obscenity involving a minor carries severe penalties, including potential imprisonment and registration as a sex offender.
Ohio Sex Offense Penalties
In Ohio, sex crimes are harshly penalized. Depending on the nature of the offense, charges range from misdemeanors to felonies. Thus, anyone convicted can be sentenced to jail or prison and fined. Additionally, they may face a requirement to register as a sex offender.
Below are potential conviction penalties for sex crimes:
- Rape – First-degree felony punishable by:
- Up to 16.5 years’ imprisonment and/or
- Up to $20,000 in fines
- Sexual battery – Third-degree felony punishable by:
- Up to 36 months’ imprisonment and/or
- Up to $10,000 in fines
- Sexual battery on a person under 13 years of age – Second-degree felony punishable by:
- Up to 12 years’ imprisonment and/or
- Up to $15,000 in fines
- Gross sexual imposition – Fourth-degree felony punishable by:
- Up to 18 months’ imprisonment and/or
- Up to $5,000 in fines
- Pandering obscenity involving a minor – Second-degree felony punishable by:
- Up to 12 years’ imprisonment and/or
- Up to $15,000 in fines
- Unlawful sexual conduct with a minor – Fourth-degree felony punishable by:
- Up to 18 months’ imprisonment and/or
- Up to $5,000 in fines
- Importuning – Third-degree felony punishable by:
- Up to 36 months’ imprisonment and/or
- Up to $10,000 in fines
Ohio Sex Offender Registration Requirements
Individuals convicted of or who plead guilty to specific sex crimes are required to register as sex offenders in Ohio. They must provide their personal identifying information to the local sheriff within three days of establishing residency in a county. Additionally, if they begin school or employment in a county, they must notify the sheriff’s office immediately.
The frequency and duration of sex offender registration in Ohio depend on the Tier a person is in:
- Tier I Offenders: Must register once a year for 15 years.
- Tier II Offenders: Must register every 180 days for 25 years.
- Tier III Offenders: Must register every 90 days for life.
Which Crimes Require Sex Offender Registration?
A conviction for many crimes enumerated in Chapter 2907 of the Ohio Revised Code will result in mandatory sex offender registration.
The offense for which the person is convicted will determine the Tier they’re in:
- Crimes resulting in Tier I registration include, but are not limited to:
- Sexual imposition
- Importuning
- Voyeurism
- Promoting prostitution
- Pandering obscenity
- Crimes resulting in Tier II registration include, but are not limited to:
- Compelling prostitution
- Pandering obscenity involving a minor
- Pandering sexually oriented matter involving a minor
- Crimes resulting in Tier III registration include, but are not limited to:
- Rape
- Sexual battery
- Gross sexual imposition
Being designated sex offender of any Tier can have debilitating effects on a person’s life. For instance, convicted sex offenders are prohibited from living within 1,000 feet of a school or day-care center. Also, the social stigma of being convicted of a sex crime can make it difficult to develop or maintain community ties and relationships.
Our Dayton sex crime attorney recognizes how an accusation and conviction can turn a person’s life upside down. If you have been charged, speak with us to discuss possible defenses and legal avenues we can explore.
Contact us at (513) 421-9790 to learn more about how a sex crime lawyer near you can help you navigate your Ohio sex crime charges.
False Allegations of Sex Crimes in Ohio
Although any person is innocent until proven guilty, society often doesn’t apply this doctrine to individuals wrongly accused of sex crimes. False allegations can ruin someone’s career, taint their personal life, and dismantle the family unit.
If you were falsely accused, our Dayton sex crime lawyers at Moermond & Mulligan, LLC can offer strong legal protection against the prosecution, the media, and those in the community who believe you are guilty. We are ready to aggressively defend you and do what it takes to seek a favorable result.
Why False Accusations Occur
Being falsely accused of a sex crime may be hard to believe; however, these allegations can occur for various reasons. For example, an accuser may attempt to seek revenge against the accused due to a prior dispute. Sometimes an accuser may regret having consensual intercourse and then make up a fake story to hide their shame. On other occasions, an accuser may incorrectly identify the perpetrator.
Whatever the case may be, our Dayton sex crime lawyers can help protect you and plan your defense once the investigation is underway. We can help defend your rights when you’re interviewed by police or the prosecution, thoroughly document your case, and find potential witnesses that may help your defense.
Former Prosecutor Turned Dayton Sex Crime Attorney
Before becoming a Board Certified Law Specialist by the National Board of Trial Advocacy, Attorney L. Patrick Mulligan was a prosecutor for Montgomery County. He prosecuted more than 180 felony cases. His first-hand insight as to how prosecutors approach cases allows him to strategically represent accused individuals. Additionally, our legal team brings more than 50 years of combined experience to the table, inspiring confidence in many of our clients.
We can assist you in the following ways:
- Remaining at your side during police interviews, where we’ll keep the police honest and ensure that prosecutors, who ultimately decide whether or not to file charges, understand that this won’t be an easy process for them.
- Helping you deal with the media, including internet media, which may take an interest in the case.
- Investigating the allegations of sex crimes against you thoroughly to build a strong defense.
- Utilizing our seasoned trial skills when defending you in court.
Hard-Hitting Defense for Your Sex Crime Charge
Known for being aggressive and hard-hitting, our team of Dayton sex crime lawyers is dedicated and determined. Our goal is to minimize the penalties you may face or to have your charges dismissed. Moermond & Mulligan, LLC is on your side. We serve clients in Hamilton, Brown, Allen, Clermont, Warren, Montgomery, and Butler counties.
Contact Our Dayton Sex Crime Lawyer
A conviction for a sex crime can have devastating consequences, including incarceration, hefty fines, and long-term damage to your reputation and personal relationships. That’s why it’s crucial to have a skilled and experienced legal advocate on your side. With Moermond & Mulligan, LLC, you can trust that your case will be handled with the utmost professionalism and diligence.
If you or a loved one is facing sex crime allegations in Dayton, Ohio, don’t wait to seek legal representation. Contact Moermond & Mulligan, LLC today to schedule a confidential consultation. Let us put our experience and dedication to work for you and fight tirelessly to protect your rights and future.
Please contact us at (513) 421-9790 to learn more about how our Dayton sex crime attorneys can assist with this serious matter.
Ohio Sex Crime Charges FAQ
What should I do if I’ve been accused of a sex crime in Ohio?
If you’ve been accused of a sex crime in Ohio, it’s essential to seek legal representation from an experienced criminal defense attorney immediately. Your attorney can help protect your rights, guide you through the legal process, and develop a strategic defense strategy tailored to your case.
Can I be charged with a sex crime based solely on someone’s accusation?
Yes, you can be charged with a sex crime in Ohio based solely on someone’s accusation. However, the prosecution must still prove their case beyond a reasonable doubt to secure a conviction. An experienced defense attorney can challenge the credibility of the accuser, scrutinize the evidence, and assert your innocence.
What defenses are available for sex crime charges in Ohio?
Defenses to sex crime charges in Ohio vary depending on the specific circumstances of each case. Common defenses may include consent, mistaken identity, false allegations, lack of evidence, coercion, and alibi. An experienced defense attorney can evaluate the details of your case and determine the most effective defense strategy.
What sets Moermond & Mulligan, LLC apart as sex crime defense attorneys in Ohio?
Moermond & Mulligan, LLC is known for its aggressive and compassionate defense representation in sex crime cases in Ohio. Our attorneys have extensive experience defending clients against sex crime charges and are committed to protecting the rights and dignity of each client. We understand the sensitive nature of these cases and will fight tirelessly to achieve the best possible outcome for your case.