Child Molestation Defense Lawyers Serving Cleveland & Cuyahoga County
If you’re facing charges of unlawful sexual conduct with a minor, commonly referred to as child molestation, the stakes are serious, and the time to act is now. At Mastandrea Law, LLC, we defend clients against these charges in Cleveland and throughout Cuyahoga County. Rod Mastandrea, a former Cuyahoga County public defender with over 14 years of criminal defense experience, leads our defense practice. Since opening in 2009, we’ve helped over 5,000 clients in the Cleveland area.
The consequences of a child molestation charge extend far beyond the courtroom. Potential imprisonment, mandatory registration under Ohio’s three-tier sex offender classification system, and lasting damage to your reputation and relationships can follow even before a conviction. Contacting a criminal defense attorney before speaking to law enforcement is critical. Statements made outside of court can be used against you, and early action shapes the entire trajectory of your case.
We limit the number of cases we handle so each client receives dedicated attention, and our experience in local courts throughout Northeast Ohio reflects the thorough, personalized defense we bring to every case.
Discuss your case with our Cleveland sex crimes attorneys. Call (216) 306-5105.
Ohio Revised Code § 2907.04
Under Ohio law, unlawful sexual conduct with a minor applies when a person age 18 or older engages in sexual conduct with another person between 13 and 16 years old, knowingly or recklessly. The statute does not apply when the two individuals are married to each other.
The recklessness standard matters here. Under ORC 2901.22, recklessness means the accused disregarded a substantial and unjustifiable risk that the other person was under 16, with heedless indifference to the consequences. A belief that the other person was of legal age isn’t a complete defense. Courts will evaluate whether the accused should have known the person was underage.
What Counts as Sexual Conduct?
Ohio Revised Code § 2907.01 defines sexual conduct for purposes of sex offense charges. Legally, sexual conduct includes:
- Vaginal intercourse
- Anal intercourse
- Oral sex, including fellatio and cunnilingus
- Insertion of any body part, apparatus, instrument, or other object into the vaginal or anal opening of another without privilege to do so, however slight the penetration
Penalties for Unlawful Sexual Conduct with a Minor in Ohio
The default charge for unlawful sexual conduct with a minor is a fourth-degree felony, punishable by a fine of up to $5,000 and a prison term of 6 to 18 months. However, the specific charge and sentencing range depend on the age difference between the parties and the accused’s prior record.
- If the accused is less than four years older than the other party, the charge is a first-degree misdemeanor, punishable by a fine up to $1,000 and up to 180 days in jail. This is sometimes called the Romeo and Juliet provision under Ohio law.
- If the accused is ten or more years older than the other party, the charge becomes a third-degree felony, punishable by a fine up to $10,000 and a prison term of 9 to 60 months.
- If the accused has previously pled guilty to or been convicted of unlawful sexual conduct with a minor, rape, or sexual battery, the charge is a second-degree felony under ORC 2907.04(B)(4), punishable by a fine up to $15,000 and a prison term of 2 to 8 years.
Convictions under ORC 2907.04 aren’t eligible for expungement in Ohio under ORC 2953.36, which makes the stakes of your defense all the more significant.
Sex Offender Registration in Ohio
A conviction for unlawful sexual conduct with a minor triggers mandatory registration under Ohio’s three-tier sex offender classification system. The tier assigned determines how long and how often you must register, and it carries public notification requirements, as well as restrictions on where you may live and work.
Registration requirements by conviction level:
- First-degree misdemeanor (Tier I): Registration every 12 months for 15 years.
- Fourth-degree felony (Tier II): Registration every 180 days for 25 years.
- Third-degree felony or prior-conviction second-degree felony (Tier III): Registration every 90 days for life.
Because these convictions can’t be expunged, addressing registration consequences through an effective defense strategy is critical from the start of your case.
"Mr. Mastandrea is professional, knowledgeable, aggressive and will work diligently on your case."
- Former Client
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