619.01 Definitions
619.02 Presumption of Knowledge; Actual Notice and Defense
619.03 Corruption of a Minor
619.04 Sexual Imposition
619.05 Importuning
619.06 Voyeurism
619.07 Public Indecency
619.08 Procuring
619.09 Soliciting
619.10 Prostitution
619.11 Loitering for the Purpose of Engaging in Prostitution, Solicitation or Procurement
619.12 Disseminating Material Harmful to Juveniles
619.13 Deception to Obtain Matter Harmful to Juveniles
619.14 Possession of Obscene Material Involving Minor
619.15 Possession of Sexually-Oriented Material Involving Minor
619.16 Possession of Nudity-Oriented Material Involving Minor
619.161 Displaying Matter Harmful to Juveniles
619.17 Prohibited Conduct
619.18 Notice of Obscene Material or Action
619.19 Types of Proceedings
619.20 Evidence; Defenses
619.21 Material Disposition; Penalty
619.22 License Requirements for Publishing, Selling Printed Material
619.23 Use of a Vehicle to Solicit a Person to Engage in Prostitution or a Drug Offense Prohibited
619.24 Nuisance Property Declared
619.25 Action to Abate Nuisances
Statutory reference:
See sectional histories for similar State law
See sectional histories for similar State law
(1) “Sexual conduct” means vaginal intercourse between a male and female, and anal intercourse, fellatio and cunnilingus between persons regardless of sex. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
(2) “Sexual contact” means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttocks, pubic region or, if such person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
(3) “Sexual activity” means sexual conduct or sexual contact, or both.
(4) “Prostitute” means a male or female who promiscuously engages in sexual activity for hire, regardless of whether the hire is paid to the prostitute or to another.
(5) Any material or performance is “harmful to juveniles” if it is offensive to prevailing standards in the adult community with respect to what is suitable for juveniles, and if any of the following apply:
A. It tends to appeal to the prurient interest of juveniles;
B. It contains a display, description or representation of sexual activity, masturbation, sexual excitement, or nudity;
C. It contains a display, description or representation of bestiality or extreme or bizarre violence, cruelty or brutality;
D. It contains a display, description or representation of human bodily functions of elimination;
E. It makes repeated use of foul language;
F. It contains a display, description or representation in lurid detail of the violent physical torture, dismemberment, destruction or death of a human being;
G. It contains a display, description or representation of criminal activity which tends to glorify or glamorize such activity, and which, with respect to juveniles, has a dominant tendency to corrupt.
(6) When considered as a whole, and judged with reference to ordinary adults, or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to such group, any material or performance is “obscene” if any of the following apply:
A. Its dominant appeal is to prurient interest;
B. Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement or nudity in a way which tends to represent human beings as mere objects of sexual appetite;
C. Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty or brutality;
D. Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way which inspires disgust or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral or artistic purpose;
E. It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty, or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose.
F. When taken as a whole, it lacks serious literary, artistic, political or scientific value.
(7) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(8) “Nudity” means the showing, representation or depiction of human male or female genitals, pubic area or buttocks with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
(9) “Nudity-oriented material” means any material that shows a minor in a state of nudity and that, taken as a whole by the average person applying contemporary community standards, appeals to prurient interest.
(10) “Juveniles or minors” means an unmarried person under the age of eighteen (18).
(11) “Material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record or tape or other tangible thing capable of arousing interest through sight, sound or touch.
(12) “Performance” means any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed before an audience.
(RC 2907.01)
(13) “Knowledge of character” means having general knowledge or reason to know, or a belief or ground for belief which warrants further inspection or inquiry, of the nature and character of the material or performance involved. A person has such knowledge when he or she knows or is aware that the material or performance contains, depicts or describes sexually explicit nudity, sexual activity, sadomasochistic sexual abuse, or lewd exhibition of the genitals, whichever is applicable, whether or not such person has precise knowledge of the specific contents thereof. Such knowledge may be proven by direct or circumstantial evidence, or both.
(1) “Obscene” means that to the average person applying contemporary community standards:
A. The predominant appeal of the matter taken as a whole, is to prurient interest; i.e., a shameful or morbid interest in sexual conduct, nudity or excretion;
B. The matter depicts or describes in a patently offensive manner sexual conduct;
C. The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
(2) “Material” means any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment or machines.
(3) “Person” means any individual, partnership, firm, association, corporation or other legal entity.
(4) “Disseminate” means to transfer possession of, with or without consideration.
(5) “Knowingly” means being aware of the character and the content of the material.
(6) “Nudity” means the showing of the human male or female genitals or pubic area with less than fully opaque covering, or the depiction of covered male genitals in a discernibly turgid state.
(7) “Performance” means any preview, play, show, skit, film, dance or other exhibition performed before an audience.
(8) “Available to the public” means that the matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement or for a separate fee for each item or performance.
(9) “Service to patrons” means the provision of services to paying guests in establishments providing food and beverages; including but not limited to hostessing, hat checking, cooking, bartending, serving, table setting and clearing, waiter and waitressing and entertaining.
(10) “Promote” means to cause, permit, procure, counsel or assist.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
(a) An owner or manager, or his or her agent or employee, of a bookstore, newsstand, theater or other commercial establishment engaged in selling materials or exhibiting performances, who, in the course of business:
(1) Possesses five (5) or more identical or substantially similar obscene articles, having knowledge of their character, is presumed to possess them in violation of Section 619.17(e).
(b) Without limitation on the manner in which such notice may be given, actual notice of the character of material or a performance may be given in writing by the chief legal officer of the jurisdiction in which the person to whom the notice is directed does business. Such notice, regardless of the manner in which it is given, shall identify the sender, identify the material or performance involved, state whether it is obscene or harmful to juveniles and bear the date of such notice.
(RC 2907.35; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person, eighteen (18) years of age or older, shall engage in sexual conduct with another, not the spouse of the offender, when the offender knows such other person is over twelve (12) but not over fifteen (15) years of age, or the offender is reckless in that regard.
(b) This section shall not apply if the offender is four (4) or more years older than the other person.
(c) Whoever violates this section is guilty of corrupting a minor, a misdemeanor of the first degree.
(RC 2907.04; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two (2) or more other persons to have sexual contact when any of the following applies:
(1) The offender knows that the sexual contact is offensive to the other person, or one (1) of the other persons, or is reckless in that regard.
(2) The offender knows that the other person’s or one (1) of the other person’s ability to appraise the nature of or control the offender’s or touching person’s conduct is substantially impaired.
(3) The offender knows that the other person or one (1) of the other persons submits because of being unaware of the sexual contact.
(4) The other person or one (1) of the other persons is over twelve (12) but not over fifteen (15) years of age, whether or not the offender knows the age of such person, and the offender is at least eighteen (18) years of age and four (4) or more years older than such other person.
(b) No person shall be convicted of a violation of this section solely upon the victim’s testimony unsupported by other evidence.
(c) Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree.
(RC 2907.06; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
(a) No person shall solicit a person under thirteen (13) years of age to engage in sexual activity with the offender, whether or not the offender knows the age of such person.
(b) No person shall solicit a person of the same sex to engage in sexual activity with the offender, when the offender knows such solicitation is offensive to the other person, or is reckless in that regard.
(c) No person shall solicit another, not the spouse of the offender, to engage in sexual conduct with the offender, when the offender is eighteen (18) years of age or older and four (4) or more years older than the other person, and the other person is over twelve (12) but not over fifteen (15) years of age, whether or not the offender knows the age of the other person.
(d) Whoever violates this section is guilty of importuning. Violation of subsection (a) or (b) hereof is a misdemeanor of the first degree. Violation of subsection (c) hereof is a misdemeanor of the fourth degree.
(RC 2907.07; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person, for the purpose of sexually arousing or gratifying himself or herself, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.
(b) Whoever violates this section is guilty of voyeurism, a misdemeanor of the third degree.
(RC 2907.08; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person shall recklessly do any of the following, under circumstances in which his or her conduct is likely to be viewed by and affront others, not members of his or her household:
(1) Expose his or her private parts, or engage in masturbation;
(2) Engage in sexual conduct;
(3) Engage in conduct which to an ordinary observer would appear to be sexual conduct or masturbation.
(b) Whoever violates this section is guilty of public indecency. If the offender previously has not been convicted of or pleaded guilty to a violation of this section, public indecency is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one (1) violation of this section, public indecency is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to two (2) violations of this section, public indecency is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to three (3) or more violations of this section, public indecency is a misdemeanor of the first degree.
(RC 2907.09; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
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