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IN RE D.B.

No. 2010-0240.

129 Ohio St.3d 104 (2011)

2011-Ohio-2671

In re D.B.

Supreme Court of Ohio.

Decided June 8, 2011.

Attorney(s) appearing for the Case

Timothy Young , Ohio Public Defender, and Brooke M. Burns , Assistant Public Defender, for appellant.

Kenneth Oswalt , Licking County Prosecuting Attorney, and Christopher A. Reamer , Assistant Prosecuting Attorney, for appellee.

Juvenile Law Center, Marsha L. Levick , Lourdes M. Rosado , Jessica R. Feierman , and Riya S. Shah ; National Center for Lesbian Rights, Jody Marksamer , and Ilona Turner ; and Nadia Natasha Seeratan , urging reversal for amici curiae Juvenile Law Center; National Juvenile Defender Center; National Center for Lesbian Rights; Barton Child Law and Policy Center, Emory School of Law; Children and Family Justice Center, Bluhm Legal Clinic; Juvenile Justice Initiative of Illinois; Midwest Juvenile Defender Center; Tamar Birkhead ; Jeffrey Fagan ; Therese Glennon ; Martin Guggenheim ; Barry Krisberg ; Elizabeth Letourneau ; and Gail Ryan .

Joseph T. Deters , Hamilton County Prosecuting Attorney, and Phillip R. Cummings , Assistant Prosecuting Attorney, urging affirmance for amicus curiae Ohio Prosecuting Attorneys Association.

LANZINGER, J.

{¶ 1} This appeal challenges the constitutionality of applying to a child under the age of 13 the statute that defines sexual activity with a child under 13 as rape, a first-degree felony. R.C. 2907.02(A)(1)(b). The case arises from incidents in which two boys under 13 years of age engaged in sexual activity. Because we hold that the statute is unconstitutional as applied in these circumstances, we reverse.

I....

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