Except as otherwise provided in this division, notwithstanding sections 2929.11 to 2929.14 of the Revised Code, an offender under division (A)(1)(b) of this section shall be sentenced to a prison term or term of life imprisonment pursuant to section 2971.03 of the Revised Code.
If an offender is convicted of or pleads guilty to a violation of division (A)(1)(b) of this section, if the offender was less than sixteen years of age at the time the offender committed the violation of that division, and if the offender during or immediately after the commission of the offense did not cause serious physical harm to the victim, the victim was ten years of age or older at the time of the commission of the violation, and the offender has not previously been convicted of or pleaded guilty to a violation of this section or a substantially similar existing or former law of this state, another state, or the United States, the court shall not sentence the offender to a prison term or term of life imprisonment pursuant to section 2971.03 of the Revised Code, and instead the court shall sentence the offender as otherwise provided in this division.
(L) "Spouse" means a person married to an offender at the time of an alleged offense, except that such person shall not be considered the spouse when any of the following apply:(1) When the parties have entered into a written separation agreement authorized by section 3103.06 of the Revised Code; (2) During the pendency of an action between the parties for annulment, divorce, dissolution of marriage, or legal separation; (3) In the case of an action for legal separation, after the effective date of the judgment for legal separation.
(M) "Minor" means a person under the age of eighteen.
(5) The offender is the other person's natural or adoptive parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other person.
(6) The other person is in custody of law or a patient in a hospital or other institution, and the offender has supervisory or disciplinary authority over the other person.
(G) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.(F) Upon approval by the court, the victim may be represented by counsel in any hearing in chambers or other proceeding to resolve the admissibility of evidence. (A) No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply:(1) The offender knowingly coerces the other person to submit by any means that would prevent resistance by a person of ordinary resolution.If the victim is indigent or otherwise is unable to obtain the services of counsel, the court, upon request, may appoint counsel to represent the victim without cost to the victim. (2) The offender knows that the other person's ability to appraise the nature of or control the other person's own conduct is substantially impaired.(B) "Sexual contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
(C) "Sexual activity" means sexual conduct or sexual contact, or both.(C) A victim need not prove physical resistance to the offender in prosecutions under this section.