State v. Smith (Slip Opinion), 191 N.E.3d 418

Miranda Smith pleaded no contest to multiple offenses, including one count of rape of a child under 13 under R.C. 2907.02(A)(1)(b).
Smith admitted she directed her two‑year‑old son to insert a sex toy into her vagina and filmed the act.
The legal question was whether a rape conviction based on "insertion" requires evidence that the defendant inserted a body part or object into another person (as opposed to causing another to insert into the defendant).
The Fourth District Court of Appeals affirmed Smith’s rape conviction, rejecting her sufficiency challenge.
The Ohio Supreme Court reversed, holding the statute’s plain text requires the defendant to be the one doing the inserting, and remanded to modify the conviction to gross sexual imposition (a lesser included offense) and for resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether rape under R.C. 2907.02(A)(1)(b) based on "insertion" requires the defendant to have inserted a body part or object into another	The statute requires only insertion; it does not require the defendant personally do the inserting	Rape by insertion requires the defendant to insert a body part or object into another; causing another to insert is legally distinct	The court held the statute requires evidence the defendant inserted a body part or object into another; Smith’s conduct did not satisfy that element, so the rape conviction was unsupported and was to be modified to GSI

State v. Dent, 170 N.E.3d 816 (Ohio 2020) (standard of review for sufficiency of the evidence)
State v. Jenks, 574 N.E.2d 492 (Ohio 1991) (standard for reviewing sufficiency of the evidence)
State v. Ford, 945 N.E.2d 498 (Ohio 2011) (criminal offenses are statutory; elements come from statute)
State v. Chappell, 939 N.E.2d 1234 (Ohio 2010) (apply unambiguous statutory language as written)
Wheeling Steel Corp. v. Porterfield, 263 N.E.2d 249 (Ohio 1970) (court may not rewrite statute to fit facts)
State v. Robinson, 118 N.E.2d 517 (Ohio 1954) (trial court may modify verdict to a lesser included offense without new trial)
State v. Johnson, 522 N.E.2d 1082 (Ohio 1988) (gross sexual imposition is a lesser included offense of rape)