(a) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows such other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.
(b) Whoever violates this section is guilty of unlawful sexual conduct with a minor.
(1) Except as otherwise provided in subsection (b)(2) hereof, unlawful sexual conduct with a minor is a felony to be prosecuted under appropriate state law.
(2) Except as otherwise provided in subsection (b)(3) hereof, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree.
(3) If the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03 or 2907.04, or any substantially similar municipal ordinance, or a violation of former Ohio R.C. 2907.12, or any substantially similar municipal ordinance, unlawful sexual conduct with a minor is a felony to be prosecuted under appropriate state law. The penalty shall be as provided in Section 698.02.
(ORC 2907.04)