New code puts sex laws in line with 20th century

By W. James Van Vliet The most sweeping changes in Ohio's new criminal code have been made in sex offenses.

The code, which goes into effect Tuesday, has been streamlined to reflect the mores, and sexual attitudes of the 20th century.

The new law divides sexual offenses into three main categories: Sexual assaults and displays; prostitution and offenses related to the dissemination of obscenity and matter harmful to ju-

veniles.

The Ohio Legal Center Institute's summary points out that the guiding principle upon which the first group of offenses is founded is that sexual activity of any kind between consenting adults in private should not be considered a crime.

What the law sought to restrict were sexual assaults, activity with the young and immature, public displays and other sexually oriented conduct that might be harmful or an affront to others.

The prostitution laws tend to be the same as those un-. der the old code. The new law has been expanded to cover a whole range of sexual activity as opposed to the old concept of singling out the act of sexual intercourse. This section also carries a requirement for

the detection and treatment for venereal disease.

Thirdly, the obscenity law is designed to prevent persons from exposing the young to obscene material.

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It also encompasses material that may not be obscene from an adult view but could be harmful and unsuitable for juveniles.

Under the new law, the term sexual conduct incor-

porates sexual intercourse

as well as those acts formerly known as sodomy, and sexual contact is described as the touching of an erogenous zone of another to achieve sexual arousal or gratification.

Sexual activity incorporates both sexual conduct and contact, while a prostitute is described as a man or woman who promiscuously engages in sexual activity for hire. The new code discards the archaic principle that a prostitute could also be a person who engaged in indiscriminate sexual activity not for monetary gain.

The code retains the old concept of rape as sexual conduct by force with a female but is expanded to include what was known as sodomy. It also does away with distinction of sex between offenders and vic-

tims. The rationale behind this is that a homosexual or lesbian assault can be just as dangerous to victims as are heterosexual attacks.

Rape is a felony of the first degree, but, if the rape victim is under 13, the offender faces life imprison-

ment.

Under the new sexual battery offense, a third-degree felony sexual conduct is forbidden when the partner is drunk or drugged and incapable of giving consent let alone know what is going

on.

Sexual battery also includes incestuous conduct.

The old law limited incest to natural parents but the code has expanded the scope of the law to include stepparents, guardian, and persons given temporary given temporary custody of a child.

This section also includes supervisors of prisoners and patients in hospitals and institutions.

The old concept of statutory rape falls under a new law entitled Corruption of a Minor.

While voluntary sexual conduct between a male 18 years or older and a female under 16 was a felony under the old law, the new code

regards such conduct as more serious when the male or .female is more than four years older than the part-

ner.

If the male or female is more than four years older, the offender is guilty of a third-degree felony, but if the age difference is less than four years, it is considered a first-degree misde-

meanor.

Gross sexual imposition carries the same elements as rape except that the rape never takes place. It is sexual contact as opposed to sexual conduct and is punishable as a fourth-degree felony. It is a third-degree felony, however, if the victim is under 13 years of age.

Sexual imposition is a lesser offense of the sexual battery law. It has been called the "fanny-patting" law and again, this is sexual contact. It is a thirddegree misdemeanor and requires that the victim provide a witness to the act.

The importuning provision in the new code is an exception to the rule that "just asking" is not a criminal offense.

This section prohibits soliciting of minors to engage in sexual activity whether

heterosexual, homosexual

or lesbian. This is a firstdegree misdemeanor when it involves a person under 13 and a fourth-degree misdemeanor when involving an early adolescent.

The new voyeurism law is aimed at curbing "peeping Toms," although its scope is somewhat broader than the usual laws of this kind. It prohibits not only trespass but the invasion of privacy, eavesdropping or spying on another for the sake of a vicarious sexual thrill.

It covers not only the voyeur with binoculars but also the offender who uses a stethoscope on a hotel room wall to eavesdrop on the honeymoon couple in the next room. It is punishable as a third-degree misde-

meanor.

Public indecency statutes remain as a prohibition against sexual exposures as well as actual or simulated sexual displays. However, one cannot be prosecuted under this law when caught answering an urgent call of nature if one takes reasonable precautions to insure privacy. An offender convicted of public indecency is guilty of a fourth-degree misdemeanor.

Nudist camps cannot be closed under this statute as long as the participants take necessary and reasonable precautions to insure their privacy. Prosecution is precluded because, the law reasons, their lack of clothing is not likely to of fend anyone within their group.

In offenses against the family, bigamy is essentially the same as it was under the old code. All that is changed is the penalty. The old law made it a felony but the new code makes it a first-degree misdemeanor.

The two abortion statutes included in the new code were written before the U.S. Supreme Court handed down its landmark decision on the matter. This decision essentially makes the new state statutes unconstitutional.

The new code makes the nonsupport of dependents a first-degree misdemeanor and the endangering-of-children law is aimed at halting child neglect and abuse of those under 18. The latter: extends protection to the mentally and physically. handicapped until age 21.

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