§ 868.99 PENALTY.

   (a)   Except as provided by divisions (b) or (c) hereof, any person violating this chapter, upon conviction, is guilty of a misdemeanor of the first degree punishable by a fine not to exceed one thousand dollars ($1,000.00), six months in jail or a combination of both.

   (b)   It is an affirmative defense, as defined by Ohio R.C. 2901.05, to prosecution under §§ 868.04, 868.19 or 868.20(d) that a person appearing in a state of nudity did so in a modeling class operated:

      (1)   By a college, junior college or university supported entirely or partly by taxation;

      (2)   By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or party by taxation; or

      (3)   In a structure:

         A.   Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

         B.   Where in order to participate in a class a student must enroll at least three days in advance of the class; and

         C.   Where no more than one nude model is on the premises at any one time.

   (c)   It is an affirmative defense, as defined by Ohio R.C. 2901.05, to prosecution under §§ 868.04(a) or 868.19 of this chapter that each item of descriptive, printed, film or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political or scientific value.

(Ord. 01-O-1888, passed 5-15-2001)