Legal Opinion

State v. Lowe

Ohio Supreme Court

Decided February 28, 2007No. 2005-1843PublishedCited by 156 opinions

1Opinion of the CourtLanzinger, 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.C. 2907.03(A)(5), as a result of his consensual sex with his 22-year-old stepdaughter, the biological daughter of his wife, on March 19, 2003. Lowe pleaded not guilty and filed a motion to dismiss, claiming that…

2Cases cited29 opinions

  1. Griswold v. ConnecticutSupreme Court of the United States · 1965
  2. Collins v. City of Harker HeightsSupreme Court of the United States · 1992
  3. Rochin v. CaliforniaSupreme Court of the United States · 1952
  4. Meyer v. NebraskaSupreme Court of the United States · 1923
  5. Pierce v. Society of SistersSupreme Court of the United States · 1925

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3Cited by156 opinions

  1. Hudson v. Petrosurance, Inc.Ohio Supreme Court · 2010
  2. State v. Pountney (Slip Opinion)Ohio Supreme Court · 2018
  3. State v. HackerOhio Court of Appeals · 2020
  4. State v. GuytonOhio Court of Appeals · 2020
  5. Cook v. GatesCourt of Appeals for the First Circuit · 2008

151 more not listed; retrieve them via the Exa API.

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