State v. Maxson

The sole issue presented by the instant cause is whether a person who has passed his or her fifteenth birthday but has not yet reached his or her sixteenth birthday is “over fifteen years of age” for the purposes of R. C. 2907.04.

R. C. 2907.04 provides, in pertinent part:

*191“(A) No person, eighteen years of age or older, shall engage in sexual conduct with another, not the spouse of the offender, when the offender knows such other person is over twelve but not over fifteen years of age * * *.” (Emphasis added.)

Appellee argues that a person is not “over fifteen years of age” for purposes of E. C.…