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(a) No person, having custody, control or supervision of any business or commercial establishment or premises, with knowledge of the character of the material involved, shall do any of the following:
(1) Allow, permit or fail to prevent any juvenile who is not accompanied by a parent or lawful guardian to enter or remain on such premises if in that part of the premises where the juvenile is or may be allowed, permitted or invited as part of the general public, or otherwise, there is visibly displayed all or any part of a book, magazine, newspaper or other form of any material which is either of the following: harmful to juveniles, when taken as a whole; or contains on its cover, package, wrapping or within the advertisements therefor, depictions or photographs of sexually explicit nudity, sexual activity, sadomasochistic sexual abuse or lewd exhibition of the genitals;
(2) Visibly display, exhibit or otherwise expose to view, all or any part of such material in any business or commercial establishment where juveniles, as part of the general public or otherwise, are, or will probably be, exposed to view all or any part of such material from any public or private place; or
(3) Hire, employ or otherwise place, supervise, control or allow in any business or commercial establishment or other place, any juvenile under circumstances which would cause, lead or allow such juvenile to engage in the business or activity of selling, distributing, disseminating or otherwise dealing or handling such material, either to or for adults or juveniles.
(b) The following are affirmative defenses to a charge under this section, involving material or a performance which is harmful to juveniles:
(1) The defendant is the parent, guardian or spouse of the juvenile involved.
(2) The juvenile involved, at the time the material or performance was presented to him or her, was accompanied by his or her parent or guardian who, with knowledge of its character, consented tot he material or performance being furnished or presented to the juvenile.
(3) The juvenile exhibited to the defendant or his or her agent or employee a draft card, driver's license, birth certificate, marriage license or other official or apparently official document purporting to show that such juvenile was eighteen years of age or older or married, and the person to whom such document was exhibited did not otherwise have reasonable cause to believe that such juvenile was under the age of eighteen and unmarried.
(4) It is an affirmative defense to a charge under this section, involving material or a performance which is harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergy man, prosecutor, judge or other proper person.
(c) Whoever violates divisions (a)(1) or (2) hereof is guilty of displaying material harmful to juveniles, a misdemeanor of the second degree. Whoever violates division (a)(3) hereof is guilty of unlawful employment of a juvenile, a misdemeanor of the first degree.
(Ord. 81-273. Passed 12-7-81.)
(EDITOR'S NOTE: Section 533.12 was repealed as part of the 1998 updating and revision of these Codified Ordinances because a violation of substantially equivalent State law (Ohio R.C. 2907.32) was made a felony by the Ohio General Assembly by Am. Sub. S.B. No. 2, effective July 1, 1996.)
(a) No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles, shall do either of the following:
(1) Falsely represent that he or she is the parent, guardian, or spouse of the juvenile.
(2) Furnish the juvenile with any identification or document purporting to show that the juvenile is 18 years of age or over or married.
(b) No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
(1) Falsely represent that he or she is 18 years of age or over or married.
(2) Exhibit any identification or document purporting to show that he or she is 18 years of age or over or married.
(c) Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates division (b) of this section shall be adjudged an unruly child, with the disposition of the case as may be appropriate under Ohio R.C. Chapter 2151.
(ORC 2907.33)
(a) No person, having custody, control or supervision of any outdoor or drive-in motion picture theater or arena, with knowledge of the character of the performance involved, shall knowingly present, or participate in presenting, the exhibition of a performance which is harmful to juveniles upon any outdoor or drive-in motion picture theater or arena screen, when such screen is visible and the performance is visibly displayed, from a distance of less than 2,000 feet, from a public street, sidewalk, park, alley, residence, playground, school or other such place to which juveniles, as part of the general public or otherwise, have unrestrained and reasonably anticipated access and presence, except between the hours of 11:00 p.m. and 6:00 a.m. of the following day, inclusive.
(Ord. 81-273. Passed 12-7-81.)
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(EDITOR'S NOTE: Section 533.15 was repealed as part of the 1998 updating and revision of these Codified Ordinances because a violation of substantially equivalent State law (Ohio R.C. 2907.322 and 2907.323) was made a felony by the Ohio General Assembly by Am. Sub. S.B. No. 2, effective July 1, 1996.)
(a) No person, with knowledge of its character or content, shall recklessly do any of following:
(1) Directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present to a juvenile any material or performance that is obscene or harmful to juveniles;
(2) Offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
(3) While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile to review or peruse any material or view any live performance that is harmful to juveniles.
(b) The following are affirmative defenses to a charge under this section that involves material or a performance that is harmful to juveniles but not obscene:
(1) The defendant is the parent, guardian, or spouse of the juvenile involved.
(2) The juvenile involved, at the time of the conduct in question, was accompanied by his or her parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
(3) The juvenile exhibited to the defendant or his or her agent or employee a draft card, driver’s license, birth record, marriage license, or other official or apparently official document purporting to show that the juvenile was 18 years of age or over or married, and the person to whom the document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of 18 and unmarried.
(c) (1) It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or harmful to juveniles, that the material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial, or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergy, prosecutor, judge, or other proper person.
(2) Except as provided in division (b)(3) of this section, mistake of age is not a defense to a charge under this section.
(d) (1) A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents, or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present material or a performance to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section by means of an electronic method of remotely transmitting information if the person knows or has reason to believe that the person receiving the information is a juvenile or the group of persons receiving the information are juveniles.
(2) A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or performance in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section if either of the following applies:
A. The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.
B. The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.
(e) Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance involved is harmful to juveniles except as otherwise provided in this division, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, violation of this section is a felony to be prosecuted under appropriate State law.
(ORC 2907.31)
The provisions of this chapter are separable and if any provision, section, clause or part thereof is held to be illegal, invalid, unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts thereof, or their application to other persons or circumstances. It is hereby declared to be the intention of Council that this chapter would have been adopted if such illegal, invalid or unconstitutional provision, clause, section or part had not been included herein, and if the person or circumstance to which this chapter or any part hereof is inapplicable had been specifically exempted herefrom.
(Ord. 81-273. Passed 12-7-81.)
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