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Clyde Overview
Codified Ordinances of Clyde, OH
CODIFIED ORDINANCES OF THE CITY OF CLYDE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 1980 - 34
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLE OF SPECIAL ORDINANCES
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
CHAPTER 533
Obscenity and Sex Offenses
533.01   Definitions.
533.02   Presumption of knowledge; actual notice and defense.
533.03   Unlawful sexual conduct with a minor.
533.04   Sexual imposition.
533.05   Importuning.
533.06   Voyeurism.
533.07   Public indecency.
533.08   Procuring; engagement in sexual activity for hire.
533.09   Soliciting.
533.091   Loitering to engage in solicitation.
533.10   Prostitution.
533.11   Disseminating matter harmful to juveniles.
533.12   Deception to obtain matter harmful to juveniles.
533.13   Displaying matter harmful to juveniles.
533.14   Unlawful advertising of massage.
533.15   Dissemination of private sexual images.
533.99   Penalty.
CROSS REFERENCES
         See sectional histories for similar State law
         Complicity - see GEN. OFF. 501.10
         Offensive conduct - see GEN. OFF. 509.03
         Telephone harassment - see GEN. OFF. 537.10
         Criminal trespass - see GEN. OFF. 541.05
   533.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Sexual conduct" means vaginal intercourse between a male and female; anal intercourse, fellatio and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
   (b)   "Sexual contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if such person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
   (c)   "Sexual activity" means sexual conduct or sexual contact, or both.
   (d)   "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.
   (e)   “Harmful to juveniles” means that quality of any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sado- masochistic abuse in any form to which all of the following apply:
      (1)   The material or performance, when considered as a whole, appeals to the prurient interest of juveniles in sex.
      (2)   The material or performance is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles.
      (3)   The material or performance, when considered as a whole, lacks serious literary, artistic, political and scientific value for juveniles.
   (f)   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:
      (1)   Its dominant appeal is to prurient interest;
      (2)   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;
      (3)   Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty or brutality;
      (4)   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;
      (5)   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 interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral or artistic purpose.
   (g)   "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
   (h)   "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.
   (i)   "Juvenile" means an unmarried person under the age of eighteen.
   (j)   "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 and includes an image or text appearing on a computer monitor, television screen, liquid crystal display, or similar display device or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape or similar data storage device.
   (k)   "Performance" means any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed before an audience.
   (l)   "Spouse" means a person married to an offender at the time of an alleged offense, except that such person shall not be considered the spouse when any of the following apply:
      (1)   When the parties have entered into a written separation agreement authorized by Ohio R.C. 3103.06;
      (2)   During the pendency of an action between the parties for annulment, divorce, dissolution of marriage or legal separation;
      (3)   In the case of an action for legal separation, after the effective date of the judgment for legal separation.
   (m)   "Minor" means a person under the age of eighteen years.
   (n)   “Mental health client or patient” has the same meaning as in Ohio R.C. 2305.51.
   (o)   “Mental health professional” has the same meaning as in Ohio R.C. 2305.115.
   (p)   “Sado-masochistic abuse” means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained.
      (ORC 2907.01)
   533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
   (a)   An owner or manager, or agent or employee of an owner or manager, of a bookstore, newsstand, theater, or other commercial establishment engaged in selling materials or exhibiting performances, who, in the course of business does any of the acts prohibited by Section 533.11, is presumed to have knowledge of the character of the material or performance involved, if the owner, manager, or agent or employee of the owner or manager has actual notice of the nature of such material or performance, whether or not the owner, manager, or agent or employee of the owner or manager has precise knowledge of its contents.
   (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.
   (c)   Section 533.11 does not apply to a motion picture operator or projectionist acting within the scope of employment as an employee of the owner or manager of a theater or other place for the showing of motion pictures to the general public, and having no managerial responsibility or financial interest in the operator’s or projectionist’s place of employment, other than wages.
   (d)   (1)   Sections 533.11, 533.12(a) and 533.13 do not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection.
      (2)   Subsection (d)(1) of this section does not apply to a person who conspires with an entity actively involved in the creation or knowing distribution of material in violation of Section 533.11, 533.12 or 533.13, or who knowingly advertises the availability of material of that nature.
      (3)   Subsection (d)(1) of this section does not apply to a person who provides access or connection to an electronic method of remotely transferring information that is engaged in the violation of Section 533.11, 533.12 or 533.13, and that contains content that person has selected and introduced into the electronic method of remotely transferring information or content over which that person exercises editorial control.
   (e)   An employer is not guilty of a violation of Section 533.11, 533.12, or 533.13 based on the actions of an employee or agent of the employer unless the employee’s or agent’s conduct is within the scope of employee’s or agent’s employment or agency, and the employer does either of the following:
      (1)   With knowledge of the employee’s or agent’s conduct, the employer authorizes or ratifies the conduct.
      (2)   The employer recklessly disregards the employee’s or agent’s conduct.
   (f)   It is an affirmative defense to a charge under Section 533.11 or 533.13 as the section applies to an image transmitted through the internet or another electronic method of remotely transmitting information that the person charged with violating the section has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by juveniles to material that is harmful to juveniles, including any method that is feasible under available technology.
   (g)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
(ORC 2907.35)
   533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
   (a)   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, a misdemeanor of the first degree. If the offender is four years older or more than the other person, or if the offender has previously been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03 or 2907.04, or former Ohio R.C. 2907.12, unlawful sexual conduct with a minor is a felony and shall be prosecuted under appropriate State law.
(ORC 2907.04)
   533.04 SEXUAL IMPOSITION.
   (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 or more 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 of the other persons, or is reckless in that regard.
      (2)   The offender knows that the other person's or one 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 of the other persons submits because of being unaware of the sexual contact.
      (4)   The other person or one of the other persons is thirteen years of age or older but less than sixteen years of age, whether or not the offender knows the age of such person, and the offender is at least eighteen years of age and four or more years older than such other person.
      (5)   The offender is a mental health professional, the other person or one of the other persons is a mental health client or patient of the offender, and the offender induces the other person who is the client or patient to submit by falsely representing to the other person who is the client or patient that the sexual contact is necessary for mental health treatment purposes.
   (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. If the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06 or former Section 2907.12, or a substantially similar municipal ordinance, a violation of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of Ohio R.C. 2907.02, 2907.03, 2907.04 or 2907.05, 2907.06 or former Section 2907.12 or of any combination of those sections, a violation of this section is a misdemeanor of the first degree and, notwithstanding the range of jail terms prescribed in Ohio R.C. 2929.24, the court may impose on the offender a definite jail term of not more than one year. (ORC 2907.06)
   533.05 IMPORTUNING.
   (EDITOR'S NOTE: Former Section 533.05 has been deleted from the Codified Ordinances. Section 533.05 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).)
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