666.05 IMPORTUNING.

   (EDITOR’S NOTE: Former Section 666.05 has been deleted from the Codified Ordinances.  Section 666.05 was identical to Ohio R.C. 2907.07(B) which the Ohio Supreme Court held to be unconstitutional in State v.  Thompson, 95 Ohio St.  3rd 264 (2002).)

666.06 VOYEURISM.

   (a)   No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.

   (b)   No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit trespass or otherwise surreptitiously invade the privacy of another to videotape, film, photograph, or otherwise record the other person in a state of nudity.

   (c)   No person shall secretly or surreptitiously videotape, film, photograph, or otherwise record another person under or through the clothing being worn by that other person for the purpose of viewing the body of, or the undergarments worn by, that other person.

   (d)   (1)   Whoever violates this section is guilty of voyeurism.

      (2)   A violation of subsection (a) hereof is a misdemeanor of the third degree.

      (3)   A violation of subsection (b) hereof is a misdemeanor of the second degree.

      (4)   A violation of subsection (c) hereof is a misdemeanor of the first degree.  (ORC 2907.08)

666.07 PUBLIC INDECENCY.

   (a)   No person shall recklessly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront others, who are in the person’s physical proximity and who are not members of the person’s household:

      (1)   Expose his or her private parts;

      (2)   Engage in sexual conduct or masturbation;

      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.

   (b)   No person shall knowingly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront another person who is in the person’s physical proximity, who is a minor, and who is not the spouse of the offender:

      (1)   Engage in masturbation;

      (2)   Engage in sexual conduct;

      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation;

      (4)   Expose the person’s private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.

   (c)   Whoever violates this section is guilty of public indecency. 

   (d)   (1)   If either of the following applies, the court may determine at the time of sentencing whether to classify the offender as a tier I sex offender/child-victim offender for a violation of subsection (b)(4) of this section:

         A.   The offender is less than ten years older than the other person.

         B.   The offender is ten or more years older than the other person and the offender has not previously been convicted of or pleaded guilty to any violation of this section.

      (2)   If the offender is convicted of or pleads guilty to a violation of subsection (b)(4) of this section, is ten or more years older than the other person, and previously has been convicted of or pleaded guilty to any violation of this section, the court shall issue an order at the time of sentencing that classifies the offender as a tier I sex offender/child-victim offender subject to registration under Ohio R.C. 2950.04, 2950.041, 2950.05 and 2950.06.

         (ORC 2907.09)

666.08 PROCURING.

   (a)   No person, knowingly and for gain, shall do either of the following:

      (1)   Entice or solicit another to patronize a prostitute or brothel;

      (2)   Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose of patronizing a prostitute.

   (b)   No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be used for the purpose of engaging in sexual activity for hire.

   (c)   Whoever violates this section is guilty of procuring.  Except as otherwise provided in this subsection (c), procuring is a misdemeanor of the first degree.  If the prostitute who is procured, patronized or otherwise involved in a violation of subsection (a)(2) of this section is under sixteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(2) of this section knows the prostitute's age, or if a prostitute who engages in sexual activity for hire in premises used in violation of subsection (b) of this section is under sixteen years of age at the time of the violation, regardless of whether the offender who violates subsection (b) of this section knows the prostitute's age, procuring is a felony and shall be prosecuted under appropriate state law.  If the prostitute who is procured, patronized or otherwise involved in a violation of subsection (a)(2) of this section is sixteen or seventeen years of age at the time of the violation or if a prostitute who engages in sexual activity for hire in premises used in violation of subsection (b) of this section is sixteen or seventeen years of age at the time of the violation, procuring is a felony and shall be prosecuted under appropriate state law.
(ORC 2907.23)

666.09 SOLICITING.

   (a)   No person shall solicit another who is eighteen years of age or older to engage with such other person in sexual activity for hire.

   (b)    Whoever violates this section is guilty of soliciting. 

   (c)   If a person is convicted of or pleads guilty to a violation of any provision of this section or an attempt to commit a violation of any provision 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, shall 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 division (A)(6) of Ohio R.C. 4510.02.  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.

   (d)   As used in this section, "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. 
(ORC 2907.24)

666.091 LOITERING TO ENGAGE IN SOLICITATION.

   (a)   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.

   (b)   As used in this section:

      (1)   "Vehicle" has the same meaning as in Ohio R.C. 4501.01.

      (2)   "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 subsection (b)(2)A. hereof;

         C.   A place not described in subsection (b)(2)A. or B. hereof that is open to the public.

   (c)   Whoever violates subsection (a) hereof is guilty of loitering to engage in solicitation.  (ORC 2907.241)

666.10 PROSTITUTION.

   (a)   No person shall engage in sexual activity for hire.

   (b)   Whoever violates this section is guilty of prostitution. 

(ORC 2907.25)