OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 161* Bill Analysis
135th General Assembly
Click here for H.B. 161’s Fiscal Note
Version: As Reported by Senate Judiciary
Primary Sponsors: Reps. Miranda and Hillyer
Effective Date:
Ashley F. Dean, Attorney
SUMMARY
 Eliminates exceptions to certain sex offenses that currently apply if the victim is 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 bill.
DETAILED ANALYSIS
Elimination of spousal exception for certain sex offenses
The bill eliminates all exceptions to the following sex offenses that currently apply if the
person subjected to the prohibited conduct is the offender’s spouse:1
 Rape;
 Sexual battery;
 Unlawful sexual conduct with a minor;
 Gross sexual imposition;
 Sexual imposition.
* This analysis was prepared before the report of the Senate Judiciary Committee appeared in the
Senate Journal. Note that the legislative history may be incomplete.
1 R.C. 2907.02(A), 2907.03(A), 2907.04(A), 2907.05(A), and 2907.06(A).
April 23, 2024
Office of Research and Drafting LSC Legislative Budget Office
The spousal exception for rape is distinct from the others because it currently applies
only if the spouse lives with the offender. Under the bill, a person could be convicted of rape
involving the spouse, regardless of whether the spouse lives with or apart from the offender.2
The bill 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 bill 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. Existing 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 ---
ANHB0161RS-135/ks
2 R.C. 2907.02(A)(1).
3 R.C. 2907.07(B)(2).
4 R.C. 2945.42.
P a g e |2 H.B. 161
As Reported by Senate Judiciary