Sexual Conduct Took Place In the Home of the Defendant a Non Parent Who Had the Position of Authority Over the Child
In State v. Dye, 82 Ohio St.3d 323, 1998 Ohio 234, 695 N.E.2d 763, the Ohio Supreme Court found that the defendant, a non-parent, was in a position of authority over a child.
In that case, the child was nine and the defendant was forty-four, the child's mother had known the defendant for seven years, and the child had maintained a close relationship with the defendant over that time, visiting and staying at the defendant's residence approximately once a week. "Clearly, the defendant was an important figure of authority in David's life." Id. at 328.
However, the Ohio Supreme Court found that the most important facts supporting the finding that this defendant was in a position of authority over the child was that "when David's mother dropped David off at the defendant's residence or when the defendant picked David up and took him to his home, David's mother told him to mind the defendant, and not to aggravate him, or she would come and pick him up or the defendant would bring him home.
The defendant was clearly the authority figure to David when David was at the defendant's home, which is where the sexual conduct took place." Id. at 329.
Thus, the critical fact establishing that the non-parent was in a position of authority over a child was that the child's mother told him that the defendant was in charge and he should mind the defendant. Id.