OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 161 Final Analysis
135th General Assembly
Click here for H.B. 161’s Fiscal Note
Primary Sponsors: Reps. Miranda and Hillyer
Effective Date: August 9, 2024
Effective Date:
Shalanda R. Plowden, Research Analyst
SUMMARY
 Eliminates exceptions to certain sex offenses that formerly applied if the victim was the
spouse of the offender.
 Expands the proceedings in which a person may testify against the person’s spouse to
include prosecutions for any of the sex offenses modified by the act.
DETAILED ANALYSIS
Elimination of spousal exception for certain sex offenses
The act eliminates all exceptions to the following sex offenses that formerly applied if
the person subjected to the prohibited conduct was the offender’s spouse:1
 Rape;
 Sexual battery;
 Unlawful sexual conduct with a minor;
 Gross sexual imposition;
 Sexual imposition.
The spousal exception for rape was distinct from the others because it applied only if
the spouse lived with the offender. Under the act, a person could be convicted of rape involving
the spouse, regardless of whether the spouse lives with or apart from the offender.2
1 R.C. 2907.02(A), 2907.03(A), 2907.04(A), 2907.05(A), and 2907.06(A).
2 R.C. 2907.02(A)(1).
June 5, 2024
Office of Research and Drafting LSC Legislative Budget Office
The act removes the spousal exception from the prohibition against importuning when
the offender is age 18 or older and four or more years older than the other person, the other
person is age 16 or 17 and a victim of trafficking in persons, and the offender knows or
recklessly disregards the age of the other person.3
Spousal testimony in sex offense prosecutions
The act permits a person to testify against the person’s spouse in a prosecution for any
of the sex offenses listed in the section above. It also permits a spouse to testify concerning a
communication made by one to the other in a case involving any of those offenses, as well as
public indecency. Continuing law permits a person to testify against the person’s spouse in a
prosecution for personal injury of either by the other or for certain other offenses, including
rape. Additionally, a person may testify generally concerning a communication made by one to
the other in case of personal injury by either spouse to the other or in certain other cases,
including rape.4
HISTORY
Action Date
Introduced 04-26-23
Reported, H. Criminal Justice 10-18-23
Passed House (75-1) 11-29-23
Reported, S. Judiciary 04-24-24
Passed Senate (32-0) 04-24-24
24-ANHB0161EN-135/ts
3 R.C. 2907.07(B)(2).
4 R.C. 2945.42.
P a g e |2 H.B. 161
Final Analysis