Legal Opinion
In re D.B.
Ohio Supreme Court
Decided June 8, 2011No. 2010-0240PublishedCited by 34 opinions
1Opinion of the CourtLanzinger, 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. Case Background
{¶ 2} On August 1, 2007, appellee, the state of Ohio, filed a complaint in the Juvenile Division of the Court of Common Pleas of Licking County against D.B., who was then…
2Cases cited17 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- In Re GAULTSupreme Court of the United States · 1967
- Kolender v. LawsonSupreme Court of the United States · 1983
- Plyler v. DoeSupreme Court of the United States · 1982
- Kent v. United StatesSupreme Court of the United States · 1966
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3Cited by34 opinions
- State v. Mole (Slip Opinion)Ohio Supreme Court · 2016
- In re D.S. (Slip Opinion)Ohio Supreme Court · 2017
- United States v. Jdt, Juvenile MaleCourt of Appeals for the Ninth Circuit · 2014
- Commonwealth v. Wilbur W., a juvenileMassachusetts Supreme Judicial Court · 2018
- State ex rel. Cincinnati Enquirer v. StreicherOhio Court of Appeals · 2011
29 more not listed; retrieve them via the Exa API.