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In prosecutions under Section 261, 262, 286, 288a, or 289,in which consent is at issue, "consent" shall be defined to meanpositive cooperation in act or attitude pursuant to an exercise offree will.
The person must act freely and voluntarily and haveknowledge of the nature of the act or transaction involved.
(3) In addition to any punishment imposed under this section, thejudge may assess a fine not to exceed seventy dollars () againstany person who violates this section with the proceeds of this fineto be used in accordance with Section 1463.23.
The court shall,however, take into consideration the defendant's ability to pay, andno defendant shall be denied probation because of his or herinability to pay the fine permitted under this subdivision.261.6.
If one of the parties is older than 13 but younger than 16, and the other is not yet 18, the conduct is considered “reckless” and not punishable as a felony, though misdemeanor charges are possible.
Ohio law categorizes illegal sexual contact between adults and minors depending on two factors: the age difference and prior history.
Amounts deposited in the Underage Pregnancy Prevention Fund may be used only for the purpose of preventingunderage pregnancy upon appropriation by the Legislature.While the Ohio statute states the age of consent is 16, that only applies in situations where the couple is not married.If a married couple engages in sexual conduct, and one of the spouses is not 16, that is generally allowed and not prosecutable.However, the couple must have a legally recognized marriage.Ohio law also allows a “close in age” exception to the age of consent.
While there is no specific definition of “dating” in Ohio, the law generally prohibits sexual conduct between adults and those minors not of the age of consent.