State Guide
Age of Consent in Ohio
A plain-English guide to the age of consent in Ohio, cited to the Ohio Revised Code. Ohio has no exemption, but the age gap changes the severity of the charge.
No exemption — severity scaling onlyOhio at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statute | Ohio Revised Code § 2907.04 |
| Close-in-age mechanism | None — age gap changes severity, not legality |
| Age-based defense, if any | None; under-4-year gap is a misdemeanor, not a felony |
| Related offense | Sexual battery — Ohio Revised Code § 2907.03 |
Overview
Ohio sets its age of consent at 16. Ohio Revised Code Section 2907.04, unlawful sexual conduct with a minor, makes it illegal for a person 18 or older to engage in sexual conduct with someone who is 13 through 15, regardless of consent.
Ohio does not have a close-in-age exemption or defense. Instead, once the offense applies at all, the size of the age gap changes how severely it is charged: a small gap keeps the offense at the misdemeanor level, while a larger gap raises it to a felony. This is a similar approach in kind to California’s severity-scaling model, though the numbers and thresholds differ.
Age of consent in Ohio
Section 2907.04 applies when the offender is 18 or older and knows, or is reckless about whether, the other person is 13 through 15. It does not reach someone 16 or older, which is what effectively makes 16 the age of consent in Ohio for purposes of this statute.
Close-in-age rules in Ohio
Ohio Revised Code Section 2907.04 uses a single, simple rule: the wider the age gap, the more serious the charge. Four gap bands exist, each carrying its own maximum penalty:
- If the offender is less than four years older than the other person, the offense is a first-degree misdemeanor.
- Otherwise, the default offense is a fourth-degree felony.
- If the offender is ten or more years older, it becomes a third-degree felony.
- A prior conviction for a related offense raises it to a second-degree felony regardless of the gap.
Exceptions and defenses
A position of authority can remove the age-gap allowance entirely, regardless of how close the two people are in age. Sexual battery, a separate Ohio offense, applies where the offender is a teacher, coach, employer, therapist, or corrections officer with authority over the other person, and can apply even where the other person is 16 or 17 and would otherwise be able to consent.
Sources disagree on how much protection a genuine mistake about age provides. Some describe Ohio as not recognizing mistake of age as a defense at all. Others note that Section 2907.04 specifically requires the state to prove the offender knew, or was reckless about whether, the other person was 13 through 15, meaning a truly reasonable and non-reckless belief that someone was already 16 could, in principle, defeat that specific element. This guide has not resolved this discrepancy against a definitive court ruling; see the editorial notes.
Applicable statutes
The codified Ohio law this guide is drawn from.
Practical examples
Example 1. An 18-year-old and a 15-year-old, a three-year gap. Because the gap is under four years, this is a first-degree misdemeanor rather than a felony, though it is still a crime.
Example 2. A 24-year-old and a 14-year-old, a ten-year gap. This meets the ten-year threshold, making it a third-degree felony.
Example 3. A 20-year-old and a 14-year-old, a six-year gap, with no prior convictions. This falls in the default range: a fourth-degree felony.
Example 4. A 15-year-old and their 19-year-old coach, a four-year gap. Even though the gap alone might qualify for the misdemeanor tier, the coaching relationship brings sexual battery into play instead, a separate felony offense that does not depend on the size of the age gap.
Frequently asked questions about Ohio
What is the age of consent in Ohio?
16. Ohio Revised Code Section 2907.04 makes it illegal for someone 18 or older to engage in sexual conduct with a person who is 13 through 15.
Does Ohio have a Romeo and Juliet law?
No. Ohio has no provision that makes the conduct legal because the two people are close in age. A small gap reduces the offense to a misdemeanor, but it remains a crime.
What happens if the age gap is less than four years?
The offense is a first-degree misdemeanor rather than a felony, but it is still a criminal offense under Section 2907.04.
What if the offender is much older?
The offense becomes a fourth-degree felony by default, rising to a third-degree felony if the offender is ten or more years older than the other person.
Does this statute apply to a 16 or 17 year old?
No. Section 2907.04 only applies where the other person is 13 through 15. A different statute, sexual battery, may apply in other situations regardless of that specific age band.
Official sources
Primary and official sources this guide is built from.
How the age gap changes the charge
Ohio has no exemption tier — every tier below is still a criminal offense.
| Age gap | Charge level |
|---|---|
| Under 4 years | Misdemeanor, first degree |
| 4 to 10 years | Felony, fourth degree |
| 10 years or more | Felony, third degree |
| Any gap, with a prior conviction | Felony, second degree |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Ohio Revised Code and Ohio Legislative Service Commission commentary, cross-checked against multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed Ohio attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects the Ohio Revised Code as of 24 July 2026. It has not yet been reviewed by a licensed Ohio attorney. One unresolved discrepancy is noted: sources disagree on whether a genuine, non-reckless mistake about the other person’s age can defeat a charge under Section 2907.04, since the statute’s own knowledge-or-recklessness element differs from a blanket “no defense” description used by some secondary sources. This should be confirmed by review.