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§ 133.08 SOLICITING; LOITERING TO ENGAGE IN.
   (A)   (1)   No person shall solicit another who is 18 years of age or older to engage with the other person in sexual activity for hire.
      (2)   No person shall solicit another to engage with such other person in sexual activity for hire if the other person is 16 or 17 years of age and the offender knows that the other person is 16 or 17 years of age or is reckless in that regard.
      (3)   No person shall solicit another to engage with such other person in sexual activity for hire if either of the following applies:
         (a)   The other person is less than 16 years of age, whether or not the offender knows the age of the other person.
         (b)   The other person is a person with a developmental disability and the offender knows or has reasonable cause to believe the other person is a person with a developmental disability.
   (B)   (1)   Whoever violates division (A) of this section is guilty of soliciting. A violation of division (A)(1) of this section is a misdemeanor of the third degree. A violation of division (A)(2) or (A)(3) of this section is a felony to be prosecuted under appropriate state law.
      (2)   If a person is convicted of or pleads guilty to a violation of division (A) of this section or an attempt to commit a violation of division (A) of this section and if the person, in committing or attempting to commit the violation, was in, was on, or used a motor vehicle, the court, in addition to or independent of all other penalties imposed for the violation, may impose upon the offender a class six suspension of the person’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(6). In lieu of imposing upon the offender the class six suspension, the court instead may require the offender to perform community service for a number of hours determined by the court. In lieu of imposing upon the offender the class six suspension, the court instead may require the offender to perform community service for a number of hours determined by the court.
   (C)   As used in division (A) of this section:
      PERSON WITH A DEVELOPMENTAL DISABILITY. Has the same meaning as in R.C. § 2905.32.
      SEXUAL ACTIVITY FOR HIRE. Means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.
(R.C. § 2907.24(A), (C)(1), (D), (E)) ('69 Code, § 136.08) (Ord. C-417, passed 1-12-76)
   (D)   No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:
      (1)   Beckon to, stop or attempt to stop another;
      (2)   Engage or attempt to engage another in conversation;
      (3)   Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;
      (4)   If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;
      (5)   Interfere with the free passage of another.
   (E)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of division (E) of this section.
   (F)   As used in division (D) of this section:
      PUBLIC PLACE means any of the following:
         (a)   A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot or transportation facility.
         (b)   A doorway or entrance way to a building that fronts on a place described in division (a) of this definition.
         (c)   A place not described in division (a) or (b) of this definition that is open to the public.
      VEHICLE. Has the same meaning as in R.C. § 4501.01.
   (G)   (1)   Whoever violates division (D) of this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.
      (2)   Whoever violates division (E) of this section is guilty of loitering to engage in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law.
(R.C. § 2907.241)
§ 133.09 PROSTITUTION.
   (A)   No person shall engage in sexual activity for hire.
   (B)   Whoever violates this section is guilty of prostitution, a misdemeanor of the third degree.
(R.C. § 2907.25) ('69 Code, § 136.09) (Ord. C-417, passed 1-12-76)
§ 133.10 DISSEMINATING MATTER HARMFUL TO JUVENILES.
   (A)   No person, with knowledge of its character or content, shall recklessly do any of following:
      (1)   Directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (2)   Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (3)   While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile to review or peruse any material or view any live performance that is harmful to juveniles.
   (B)   The following are affirmative defenses to a charge under this section that involves material or a performance that is harmful to juveniles but not obscene:
      (1)   The defendant is the parent, guardian, or spouse of the juvenile involved.
      (2)   The juvenile involved, at the time of the conduct in question, was accompanied by his or her parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
      (3)   The juvenile exhibited to the defendant or his or her agent or employee a draft card, driver's license, birth record, marriage license, or other official or apparently official document purporting to show that the juvenile was 18 years of age or over or married, and the person to whom the document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of 18 and unmarried.
   (C)   (1)   It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or harmful to juveniles, that the material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial, or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergy, prosecutor, judge, or other proper person.
      (2)   Except as provided in division (B)(3) of this section, mistake of age is not a defense to a charge under this section.
   (D)   (1)   A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents, or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present material or a performance to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section by means of an electronic method of remotely transmitting information if the person knows or has reason to believe that the person receiving the information is a juvenile or the group of persons receiving the information are juveniles.
      (2)   A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or performance in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section if either of the following applies:
         (a)   The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.
         (b)   The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.
(R.C. § 2907.31) ('69 Code, § 136.10) (Ord. C-417, passed 1-12-76) Penalty, see § 130.99
Cross-reference:
   Presumptions, notice and defense, see § 133.13
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