State v. Mole

Justia Opinion Summary
Defendant, a police officer, was charged with one count of unlawful sexual conduct with a minor and one count of sexual battery. A bench trial resulted in Defendant’s conviction for sexual battery under Ohio Rev. Code 2907.03(A)(13), which makes peace officers strictly liable for sexual conduct with anyone under the age of eighteen when the offender is more than two years older. The appellate court reversed, concluding that section 2907.03(A)(13) violated equal protection and was facially unconstitutional. The Supreme Court affirmed, holding that the statute is an arbitrarily disparate treatment of peace officers that violates equal protection principles under the state and federal constitutions.
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