STATE v. DUNLAP

No. 2009-0477.

129 Ohio St.3d 461 (2011)

2011-Ohio-4111

THE STATE OF OHIO, Appellee, v. DUNLAP, Appellant.

Supreme Court of Ohio.

Decided August 23, 2011.


Attorney(s) appearing for the Case

William D. Mason , Cuyahoga County Prosecuting Attorney, and T. Allan Regas , Assistant Prosecuting Attorney, for appellee.

Robert L. Tobik , Cuyahoga County Public Defender, and John T. Martin , Assistant Public Defender, for appellant.


PFEIFER, J.

{¶ 1} In this case, we identify the mens rea requirement of R.C. 2907.05(A)(4), which sets forth the elements of gross sexual imposition involving victims under the age of 13. We hold that the statute establishes strict liability as to the defendant's knowledge of the age of the victim and a mens rea of purpose in regard to the sexual contact between the defendant and the victim. Further, in regard to defendant-appellant's sex-offender...

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