What is the Difference Between Sexual Imposition and Gross Sexual Imposition?

What is the Difference Between Sexual Imposition and Gross Sexual Imposition in Ohio?

Sexual Imposition is offensively touching another person in a sexual manner or touching another person in a sexual erogenous zone. Gross Sexual Imposition is an enhanced or aggravated version of Sexual Imposition. Usually Gross Sexual Imposition occurs when the offender uses force, the victim cannot consent due to being intoxicated, or the victim is less than 13 years old.

Sexual Imposition

The offender knows that the sexual contact is offensive to the other person, or is reckless in that regard.
The offender knows that the other person’s ability to appraise the nature of or control the offender’s conduct is substantially impaired.
The offender knows that the other person, or one of the other persons, submits because of being unaware of the sexual contact.
The other person is thirteen years of age or older but less than sixteen years of age, whether or not the offender knows the age of that person, and the offender is at least eighteen years of age and four or more years older than such other person.
The offender is a mental health professional, who induces the other person who is a client or patient to submit by falsely representing to the other person that the sexual contact is necessary for mental health treatment purposes.

Gross Sexual Imposition

The offender used force or threat of force.
The offender substantially impairs the judgment or control of the other person by administering any drug, intoxicant, or controlled substance to the other person.
The offender knows that the judgment or control of the other person is substantially impaired as a result of mental or physical condition or age.
The other person, or one of the other persons, is less than thirteen years of age, whether or not the offender knows the age of that person.
The offender is a medical professional and administers a drug or anesthesia to the other person with the other person's consent for the purpose of any kind of medical or dental examination, treatment, or surgery.

What are the Differences in Consequences of an SI or GSI Conviction in Ohio?

Sexual imposition is a 3rd Degree Misdemeanor which carries a maximum penalty of 60 days in the county jail and up to a $500 fine. In addition to possible jail time and a fine, a Sexual Imposition conviction carries with it a Tier 1 Sex Offender Registration requirement. If you are convicted of Sexual Imposition, you will be required to register as a sex offender with local law enforcement for 15 years.

Generally, Gross Sexual Imposition is a 4th Degree Felony which carries a penalty of 6 to 18 months in prison and a possible fine of $5,000. In addition to possible prison time and a fine, a Gross Sexual Imposition conviction carries with it a Tier 1 Sex Offender Registration requirement. If you are convicted of Gross Sexual Imposition, you will be required to register as a sex offender with local law enforcement for 15 years.

BUT if the victim is less than 13 years old, or alcohol or drugs were used to facilitate the commission of the crime, then Gross Sexual Imposition is a 3rd Degree Felony which carries a penalty of 1 to 5 years in prison, and the sex offender registration requirement is increased to a Tier II, which requires registering as a sex offender with local law enforcement for 25 years.

What Should I Do If I Am Charged with Sexual Imposition or Gross Sexual Imposition?

If you have been charged or think that you may be charged with SI or GSI, follow these steps:

DO NOT provide a statement to law enforcement
DO NOT communicate with anyone else (via talking, texting, social media, etc.) about what happened
If you have already talked, STOP TALKING
CONTACT a criminal defense attorney
Plead NOT GUILTY at arraignment

For Reference:

Sexual ImpositionOhio Revised Code Section §2907.06

(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:

(1) The offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.(2) The offender knows that the other person's, or one of the other person's, ability to appraise the nature of or control the offender's or touching person's conduct is substantially impaired.(3) The offender knows that the other person, or one of the other persons, submits because of being unaware of the sexual contact.(4) The other person, or one of the other persons, is thirteen years of age or older but less than sixteen years of age, whether or not the offender knows the age of such person, and the offender is at least eighteen years of age and four or more years older than such other person.(5) The offender is a mental health professional, the other person or one of the other persons is a mental health client or patient of the offender, and the offender induces the other person who is the client or patient to submit by falsely representing to the other person who is the client or patient that the sexual contact is necessary for mental health treatment purposes.

(B) No person shall be convicted of a violation of this section solely upon the victim's testimony unsupported by other evidence.

(C) Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section or of section 2907.02, 2907.03, 2907.04, or 2907.05, or former section 2907.12 of the Revised Code, a violation of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section or section 2907.02, 2907.03, 2907.04, or 2907.05, or former section 2907.12 of the Revised Code, or of any combination of those sections, a violation of this section is a misdemeanor of the first degree and, notwithstanding the range of jail terms prescribed in section 2929.24 of the Revised Code, the court may impose on the offender a definite jail term of not more than one year.

Gross Sexual ImpositionOhio Revised Code Section §2907.05

(1) The offender purposely compels the other person, or one of the other persons, to submit by force or threat of force.(2) For the purpose of preventing resistance, the offender substantially impairs the judgment or control of the other person or of one of the other persons by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.(3) The offender knows that the judgment or control of the other person or of one of the other persons is substantially impaired as a result of the influence of any drug or intoxicant administered to the other person with the other person's consent for the purpose of any kind of medical or dental examination, treatment, or surgery.(4) The other person, or one of the other persons, is less than thirteen years of age, whether or not the offender knows the age of that person.(5) The ability of the other person to resist or consent or the ability of one of the other persons to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the ability to resist or consent of the other person or of one of the other persons is substantially impaired because of a mental or physical condition or because of advanced age.

(B) No person shall knowingly touch the genitalia of another, when the touching is not through clothing, the other person is less than twelve years of age, whether or not the offender knows the age of that person, and the touching is done with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

(C) Whoever violates this section is guilty of gross sexual imposition.

(1) Except as otherwise provided in this section, gross sexual imposition committed in violation of division (A)(1), (2), (3), or (5) of this section is a felony of the fourth degree. If the offender under division (A)(2) of this section substantially impairs the judgment or control of the other person or one of the other persons by administering any controlled substance, as defined in section 3719.01 of the Revised Code, to the person surreptitiously or by force, threat of force, or deception, gross sexual imposition committed in violation of division (A)(2) of this section is a felony of the third degree.(2) Gross sexual imposition committed in violation of division (A)(4) or (B) of this section is a felony of the third degree. Except as otherwise provided in this division, for gross sexual imposition committed in violation of division (A)(4) or (B) of this section there is a presumption that a prison term shall be imposed for the offense. The court shall impose on an offender convicted of gross sexual imposition in violation of division (A)(4) or (B) of this section a mandatory prison term, as described in division (C)(3) of this section, for a felony of the third degree if either of the following applies:

(a) Evidence other than the testimony of the victim was admitted in the case corroborating the violation;(b) The offender previously was convicted of or pleaded guilty to a violation of this section, rape, the former offense of felonious sexual penetration, or sexual battery, and the victim of the previous offense was less than thirteen years of age.(3) A mandatory prison term required under division (C)(2) of this section shall be a definite term from the range of prison terms provided in division (A)(3)(a) of section 2929.14 of the Revised Code for a felony of the third degree.

(D) A victim need not prove physical resistance to the offender in prosecutions under this section.