STATE v. LOWE

No. 2005-1843.

112 Ohio St.3d 507 (2007)

2007-Ohio-606

THE STATE OF OHIO, APPELLEE, v. LOWE, APPELLANT.

Supreme Court of Ohio.

Decided February 28, 2007.


Attorney(s) appearing for the Case

John D. Ferrero, Stark County Prosecuting Attorney, and Ronald Mark Caldwell, Assistant Prosecuting Attorney, for appellee.

J. Dean Carro, University of Akron School of Law, Appellate Review Office, for appellant.

Marc Dann, Attorney General, Douglas Cole, State Solicitor, Diane R. Brey, Deputy Solicitor, and Michael L. Stokes, Assistant Solicitor, urging affirmance for amicus curiae, Attorney General of Ohio.


LANZINGER, J.

{¶ 1} In this case, accepted on a discretionary appeal, we consider R.C. 2907.03(A)(5), Ohio's incest statute, and hold that the statute is constitutional as applied to the consensual sexual conduct between a stepparent and adult stepchild.

Case Procedure

{¶ 2} The Stark County Grand Jury indicted defendant-appellant, Paul Lowe, on one count of sexual battery, a felony violation of R...

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