Section
133.01 Definitions
133.02 Presumption of knowledge; actual notice and defense
133.03 Unlawful sexual conduct with a minor
133.04 Sexual imposition
133.05 Public indecency
133.06 Voyeurism
133.07 Polygraph examinations for victims: restrictions on use
133.08 Procuring; engagement in sexual activity for hire
133.09 Soliciting; loitering to engage in
133.10 Prostitution
133.11 Disseminating matter harmful to juveniles
133.12 [Reserved]
133.13 Deception to obtain matter harmful to juveniles
133.14 [Reserved]
133.15 Displaying matter harmful to juveniles
133.16 Unlawful operation of viewing booths depicting sexual conduct
133.17 Juveniles on the premises of adult entertainment establishments prohibited
133.18 Sexually oriented businesses; illegal operation and activity
133.19 Unlawful advertising of massage
133.20 Nonconsensual dissemination of private sexual images
133.99 Sentencing for sexually oriented offenses; sexual predators; registration
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HARMFUL TO JUVENILES. 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 in sex of juveniles.
(2)
The material or performance, when considered as a whole, appeals to the prurient interest of juveniles in sex.
(3) The material or performance, when considered as a whole, lacks serious literary, artistic, political, and scientific value for juveniles.
JUVENILE. An unmarried person under the age of 18.
MATERIAL. Any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, video cassette, laser disc, phonograph record, cassette tape, compact disc, 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.
MENTAL HEALTH CLIENT OR PATIENT. Has the same meaning as in R.C. § 2305.51.
MENTAL HEALTH PROFESSIONAL. Has the same meaning as in R.C. § 2305.115.
MINOR. A person under the age of 18 years.
NUDITY. 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.
OBSCENE. 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.
PERFORMANCE. Any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed before an audience.
PROSTITUTE. 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.
SADO-MASOCHISTIC ABUSE. Flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained.
SEXUAL ACTIVITY. Sexual conduct or sexual contact, or both.
SEXUAL CONDUCT. 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.
SEXUAL CONTACT. 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.
SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
SPOUSE. 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 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.
('80 Code, § 533.01)
(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 material or exhibiting performances, who, in the course of business does any of the acts prohibited by this section 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 municipality. 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) This § 133.02 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 the 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) The provisions of §§ 133.11, 133.15 and 133.13(A) 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.
(3) Division (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 § 133.11, 133.15, or 133.13 and that contain content that person has selected and introduced into the electronic method of remotely transferring information or content over which that person exercises editorial control.
(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 § 133.11 or 133.15 as the section applies to an image transmitted through the internet or other 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.
(R.C. § 2907.35) ('80 Code, § 533.02)
(A) No person, who is 18 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 18 years of age or older but less than 16 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.
(1) Except as otherwise provided in division (B)(2), unlawful sexual conduct with a minor is a felony to be prosecuted under appropriate state law.
(2) Except as otherwise provided in division (B)(3) of this section, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree.
(3) If the offender previously has been convicted of or pleaded guilty to a violation of R.C. § 2907.02, 2907.03 or 2907.04, or any substantially similar municipal ordinance, or a violation of former R.C. § 2907.12, or any substantially similar municipal ordinance, unlawful sexual conduct with a minor is a felony to be prosecuted under appropriate state law.
(R.C. § 2907.04)
('80 Code, §533.03) Penalty, see § 130.99
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