State v. Donald

The sole issue raised by the state on this appeal is whether the offense of rape, a violation of R. C. 2907.02(A)(1), and the crime of kidnapping, a violation of R. C. 2905.01(A)(4), are allied offenses of similar import within the contemplation of R. C. 2941.25(A).1

R. C. 2905.01(A)(4) defines “kidnapping” as follows:

“No person, by force, threat, or deception * * * shall remove another from the place where he is found or restrain him of his liberty, for any of the following purposes:

a* # #

“(4) To engage in sexual activity, as defined in section 2907.01 of the Revised Code, with the victim…