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STATE v. WILLIAMS

No. 2009-0088.

129 Ohio St.3d 344 (2011)

2011-Ohio-3374

952 N.E.2d 1108

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

Supreme Court of Ohio.

Decided July 13, 2011.

Attorney(s) appearing for the Case

David P. Fornshell , Warren County Prosecuting Attorney, and Michael Greer and Stacy C. Brown , Assistant Prosecuting Attorneys, for appellee.

Timothy Young , Ohio Public Defender, and Katherine A. Szudy , Assistant Public Defender, for appellant.

Ron O'Brien , Franklin County Prosecuting Attorney and Steven L. Taylor , Assistant Prosecuting Attorney, urging affirmance for amicus curiae Franklin County Prosecuting Attorney.

Michael DeWine , Attorney General, Alexandra T. Schimmer , Solicitor General, and David M. Lieberman , Deputy Solicitor, urging affirmance for amicus curiae Ohio Attorney General.

Gamso, Helmick, & Hoolahan and Jeffrey M. Gamso ; and James L. Hardiman and Carrie L. Davis , urging reversal for amicus curiae American Civil Liberties Union of Ohio Foundation, Inc.

Margie Slagle , urging reversal for amici curiae Cleveland Rape Crisis Center and Texas Association Against Sexual Assault.

PFEIFER, J.

Factual and Procedural Background

{¶ 1} In November 2007, appellant, George Williams, was indicted for unlawful sexual contact with a minor, a felony of the fourth degree under R.C. 2907.04. The indictment stated that Williams, "being eighteen years of age or older, did engage in sexual conduct with another, not the spouse of the offender, when the offender knows such other person is thirteen years of age or older...

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