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STATE v. MOLE

No. 2013-1619.

149 Ohio St.3d 215 (2016)

2016-Ohio-5124

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

Supreme Court of Ohio.

Decided July 28, 2016.

Attorney(s) appearing for the Case

Timothy J. McGinty , Cuyahoga County Prosecuting Attorney, and Daniel T. Van , Assistant Prosecuting Attorney, for appellant.

John Fatica and Richard J. Perez , for appellee.

Michael DeWine , Attorney General, Eric E. Murphy , State Solicitor, Michael J. Hendershot , Chief Deputy Solicitor, and Kathryn L. Kreps , Assistant Attorney General, urging reversal for amicus curiae, Ohio Attorney General Michael DeWine.

O'DONNELL, J., concurs in the foregoing opinion.

{¶ 1} In this appeal, we address the validity of a facial constitutional attack, on equal-protection grounds, against a subdivision of Ohio's sexual-battery statute, R.C. 2907.03(A)(13). R.C. 2907.03(A)(13) prohibits sexual conduct when one person is a minor and "the offender is a peace officer, and the offender...

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