130, a 20-year-old who asks a 16-year-old to have sex with him, or a 21-year-old who does the same with a 17-year-old, thereby commits a fifth-degree felony, punishable by six to 12 months in jail and a ,500 fine. But if the teenager broaches the subject, or if the sex proceeds without any explicit verbal reference to it, no crime has been committed.Having sex is fine, as long as you don't talk about it beforehand.
This week the Ohio House of Representatives unanimously approved a bill ostensibly aimed at fighting "human trafficking" that makes it a crime to "solicit" a legal act: sex with someone who is 16 or 17 years old. Since there is no requirement that money change hands, this provision criminalizes ordinary sexual propositions if one person is 16 or 17 and the other is at least four years older when it is the older person who makes the suggestion, .
Here is the relevant provision: No person shall solicit another, not the spouse of the offender, to engage in sexual conduct with the offender, when the offender is eighteen years of age or older and four or more years older than the other person, and the other person is sixteen or seventeen years of age, whether or not the offender knows the age of the other person.
The elimination of any knowledge requirement, which is problematic even when the "solicitation" involves someone below the age of consent, is especially so when the person approached is 16 or 17.
Since the difference between a 16- or 17-year-old and an 18-year-old may be difficult to discern, someone keen to avoid a felony charge would be wise to demand proof of age before saying anything about sex.
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