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.
And if the object of his attention happens to have a fake ID—as teenagers pretending to be older than they are sometimes do, especially when they go to bars or clubs—that is no defense.
Legislators already define "human trafficking" broadly enough to include consensual sex (when it occurs in exchange for money).
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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.
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.
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As Granville, Ohio, attorney Drew Mc Farland notes, the bill imposes a "strict liability" sta ndard, meaning that "even an honest mistake is unforgiven." Mc Farland, who drew my attention to this bill, suggests one such scenario: A mature 17-year-old is lawfully in a liquor-serving establishment and meets a 22-year-old who suggests they go back to his or her place for some sexual fun.
Under this change in the law, the 22-year-old is guilty of a felony.
Having sex is fine, as long as you don't talk about it beforehand.