Loading...
(a) No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
(b) Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
(c) Nothing in this section prevents the municipality from enacting any regulation of the advertising of massage further than and in addition to the provisions of divisions (a) and (b) of this section.
(d) As used in this section, “sexual activity” has the same meaning as in R.C. § 2907.01.
(R.C. § 2927.17)
(a) As used in this section:
(1) “Cable service provider.” Has the same meaning as in R.C. § 1332.01.
(2) “Direct-to-home satellite service.” Has the meaning defined in 47 U.S.C. § 303, as amended.
(3) “Disseminate.” Means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.
(4) “Image.” Means a photograph, film, videotape, digital recording, or other depiction or portrayal of a person.
(5) “Interactive computer service.” Has the meaning defined in the “Telecommunications Act of 1996”, 47 U.S.C. § 230, as amended.
(6) “Internet provider.” Means a provider of internet service, including all of the following:
A. Broadband service, however defined or classified by the Federal Communications Commission;
B. Information service or telecommunications service, both as defined in the “Telecommunications Act of 1996”, 47 U.S.C. § 153, as amended;
C. Internet protocol-enabled services, as defined in R.C. § 4927.01.
(7) “Mobile service.” Has the meaning defined in 47 U.S.C. § 153, as amended.
(8) “Sexual act.” Means any of the following:
A. Sexual activity;
B. Masturbation;
C. An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;
D. Sado-masochistic abuse.
(9) “Telecommunications carrier.” Has the meaning defined in 47 U.S.C. § 153, as amended.
(10) “Video service provider.” Has the same meaning as in R.C. § 1332.21.
(b) No person shall knowingly disseminate an image of another person if all of the following apply:
(1) The person in the image is 18 years of age or older.
(2) The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
(3) The person in the image is in a state of nudity or is engaged in a sexual act.
(4) The image is disseminated without consent from the person in the image.
(5) The image is disseminated with intent to harm the person in the image.
(c) This section does not prohibit the dissemination of an image if any of the following apply:
(1) The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.
(2) The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.
(3) The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
(4) The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.
(5) The image is disseminated for another lawful public purpose.
(6) The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.
(7) The image is disseminated for the purpose of medical treatment or examination.
(d) The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:
(1) A provider of interactive computer service;
(2) A mobile service;
(3) A telecommunications carrier;
(4) An internet provider;
(5) A cable service provider;
(6) A direct-to-home satellite service;
(7) A video service provider.
(e) Any conduct that is a violation of this section and any other section of this Code or the Ohio Revised Code may be prosecuted under this section, the other section, or both sections.
(f) (1) A. Except as otherwise provided in division (f)(1)B., (f)(1)C., or (f)(1)D. of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
B. If the offender previously has been convicted of or pleaded guilty to a violation of this section or any substantially equivalent state or local law, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
C. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section or any substantially equivalent state or local law, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
D. If the offender is under 18 years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.
(2) In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under R.C. Chapter 2981:
A. Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;
B. Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled, or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.
(g) A victim of a violation of this section may commence a civil cause of action against the offender, as described in R.C. § 2307.66.
(R.C. § 2917.211)
(a) No person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense shall establish a residence or occupy residential premises within 1,000 feet of any school premises or public park that is located within the City of Avon Lake.
(b) If a person to whom this section applies violates this section by establishing a residence or occupying residential premises within 1,000 feet of any school premises or public park that is located within the city, the Law Director has a cause of action for injunctive relief against the person. The city shall not be required to prove irreparable harm in order to obtain the relief.
(c) The city adopts the provisions of the law of Ohio now or hereafter in effect concerning the definition, determination, registration or classification of a person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense.
(d) The City Council finds that because children are especially vulnerable to being victims of sexually abusive behavior, kidnapping and abduction, and are likely to be present a significant amount of time on or near school premises and public parks, that certain persons who have been convicted of, or have pleaded guilty to, a sexually oriented offense or child-victim oriented offense must not establish a residence or occupy residential premises within 1,000 feet of any school premises or public park.
(e) The Council adopts the determinations and intent of the Ohio General Assembly as articulated in R.C. § 2950.02.
(f) As used in this section, “school” and “school premises” have the same meanings as in R.C. Chapter 2950, as the same may be revised. As used in this section, “public parks” means those areas of the city owned or managed by the city or the Lorain County Metropolitan Park District, in whole or in part, and that are designated for park and/or recreational purposes, including city parks, beaches, aquatic centers, sports facilities, and fields.
(g) Anyone presently affected by this section and its inclusion of parks shall be required to register with the Police Chief and shall not be required to leave their current residence as a result of the enactment of this section.
(h) It is hereby declared to be the intention of the City Council that the divisions, paragraphs, sentences, clauses, and words of this section are severable, and if any word, clause, sentence, paragraph, or section of this section shall be declared unconstitutional or otherwise invalid by the valid judgment of decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses sentences, paragraphs, and divisions of this section, because the same would have been enacted by the City Council without the incorporation in this section of any such unconstitutional or invalid word, clause, sentence, paragraph or division.
(Ord. 83-06, passed 6-26-2006; Ord. 36-2017, passed 3-13-2017)
(a) If an offender is being sentenced for a sexually oriented offense or child-victim oriented offense that is a misdemeanor committed on or after January 1, 1997, and the offender is a tier III sex offender/child-victim offender relative to the offense or the offense is any offense listed in R.C. § 2901.07(D)(1) to (D)(3), the judge shall include in the offender’s sentence a statement that the offender is a tier III sex offender/child-victim offender, shall comply with the requirements of R.C. § 2950.03, and shall require the offender to submit to a DNA specimen collection procedure pursuant to R.C. § 2901.07.
(b) If an offender is being sentenced for a sexually oriented offense or a child-victim oriented offense that is a misdemeanor committed on or after January 1, 1997, the judge shall include in the sentence a summary of the offender’s duties imposed under R.C. §§ 2950.04, 2950.041, 2950.05 and 2950.06, and the duration of the duties. The judge shall inform the offender, at the time of sentencing, of those duties and of their duration. If required under R.C. § 2950.03(A)(2), the judge shall perform the duties specified in that section or, if required under R.C. § 2950.03(A)(6), the judge shall perform the duties specified in that division.
(R.C. § 2929.23)