Last Friday morning, former Newark music teacher Anthony Miller was sentenced to four years and 10 months in prison following his plea of guilty to 13 counts of sexual conduct with students. Miller's defense attorney, Mr. Brad Koffel, requested a motion to delay the imposition of the sentence until after the first birthday of Miller's son on Sunday, but it was denied.
Koffel submitted a presentence memorandum to the judge to supply more information about the defendant. The memorandum included photographs of Miller and his family, letters to the judge from Miller's parents and friends, and a clinical assessment of Miller that presents evidence that Miller has a sexual addiction.
According to Koffel, his client is a "decent man whose decency lapsed," painting Miller as a sincere teacher who let the fact that he was well liked by students and teachers alike to get the better of him.
Miller was sentenced to over four years in prison, although he could have received a 30-year sentence. After his release, he will also have to comply with lifetime sex offender registration.
Unlawful Sexual Conduct with Minors: ORC 2907.04
Anthony Miller was accused of unlawful sexual conduct with a minor, in violation of Ohio Revised Code 2907.04. The statute reads:
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 the 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.
In most cases, unlawful sexual conduct with minors in the state of Ohio is a fourth degree felony.
Some exceptions to the fourth degree felony classification:
- The offender is less than four years older than the victim
- The offender is 10 or more years older than the victim
- The offender has previously been convicted of or pleaded guilty to unlawful sexual conduct with a minor
The classifications for those situations, respectively, are:
- First degree misdemeanor
- Third degree felony
- Second degree felony