Loading...
(EDITOR’S NOTE: This section, formerly based on Ohio R.C. 2907.07, was repealed because the underlying misdemeanor offense (importuning – solicitation of a person of the same sex to engage in sexual activity with the offender, when the offender knows the solicitation is offensive to the other person, or is reckless in that regard) was held unconstitutional in State v. Thompson, 767 N.E.2d 251 (Ohio 2002) (holding that the statute imposed an unconstitutional content-based restriction on speech). For felony provisions, see Ohio R.C. 2907.07(A), (C), (D) and (E).)
(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) 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 videotape, film, photograph, or otherwise record the other person in a state of nudity.
(c) 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 videotape, film, photograph, otherwise record, or spy or eavesdrop upon the other person in a state of nudity if the other person is a minor.
(d) No person shall secretly or surreptitiously videotape, film, photograph, or otherwise record another person under or through the clothing being worn by that person for the purpose of viewing the body of, or the undergarments worn by, that other person.
(e) Whoever violates this section is guilty of voyeurism.
(1) A violation of division (a) of this section is a misdemeanor of the third degree.
(2) A violation of division (b) of this section is a misdemeanor of the second degree.
(3) A violation of division (d) of this section is a misdemeanor of the first degree.
(4) A violation of division (c) of this section is a felony to be prosecuted under appropriate State law.
(ORC 2907.08)
(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 that to an ordinary observer would appear to be sexual conduct or masturbation.
(4) Appear in a state of nudity;
(5) Fondle the genitals of himself or herself or another person.
(Ord. 297-1992. Passed 12-21-92.)
(b) Whoever violates this section is guilty of public indecency. Except as otherwise provided in this division, public indecency is a misdemeanor of the fourth degree.
(1) If the offender previously has been convicted of or pleaded guilty to one violation of this section or a substantially equivalent state law or municipal ordinance, public indecency is a misdemeanor of the third degree.
(2) If the offender previously has been convicted of or pleaded guilty to two violations of this section or a substantially equivalent state law municipal ordinance, public indecency is a misdemeanor of the second degree.
(3) If the offender previously has been convicted of or pleaded guilty to three or more violations of this section or a substantially equivalent state law or municipal ordinance, public indecency is a misdemeanor of the first degree.
(a) No person, knowingly and for gain, shall do either of the following:
(1) Entice or solicit another to patronize a prostitute or brothel;
(2) Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose of patronizing a prostitute.
(b) No person, having authority or responsibility over the use of premises, shall knowingly permit the premises to be used for the purpose of engaging in sexual activity for hire.
(c) Whoever violates this section is guilty of procuring, a misdemeanor of the first degree.
(ORC 2907.23)
(a) No person shall solicit another to engage with the other person in sexual activity for hire.
(b) (1) Whoever violates division (a) of this section is guilty of soliciting, a misdemeanor of the third degree.
(2) If a person is convicted of or pleads guilty to a violation of division (a) of this section or an attempt to commit a violation of division (a) of this section and if the person, in committing or attempting to commit the violation, was in, was on, or used a motor vehicle, the court, in addition to or independent of all other penalties imposed for the violation, shall impose upon the offender a class six suspension of the person's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in Ohio R.C. 4510.02(A)(6).
(ORC 2907.24)
Statutory reference:
Offenders with knowledge that they test HIV positive, felony, see Ohio R.C. 2907.24(B)
Testing offenders for venereal disease and AIDS, see Ohio R.C. 2907.27
(a) No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:
(1) Beckon to, stop or attempt to stop another;
(2) Engage or attempt to engage another in conversation;
(3) Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;
(4) If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;
(5) Interfere with the free passage of another.
(b) As used in division (a) of this section:
(1) "Public place" means any of the following:
A. A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot or transportation facility.
B. A doorway or entrance way to a building that fronts on a place described in division (1)A. of this definition.
C. A place not described in division (1)A. or (1)B. of this definition that is open to the public.
(2) "Vehicle" has the same meaning as in Ohio R.C. 4501.01.
(c) Whoever violates this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.
(ORC 2907.241)
Statutory reference:
Offenders with knowledge that they test HIV positive, felony, see Ohio R.C. 2907.241(B)
Testing offenders for venereal disease and AIDS, see Ohio R.C. 2907.27
(a) No person shall engage in sexual activity for hire.
(b) Whoever violates this section is guilty of prostitution, a misdemeanor of the third degree.
(ORC 2907.25)
Statutory reference:
Offenders with knowledge that they test HIV positive, felony, see Ohio R.C. 2907.25(B)
Testing offenders for venereal disease and AIDS, see Ohio R.C. 2907.27
(a) In any case in which it is necessary to prove that a place is a brothel, evidence as to the reputation of such place and as to the reputation of the persons who inhabit or frequent it is admissible on the question of whether such place is or is not a brothel.
(b) In any case in which it is necessary to prove that a person is a prostitute, evidence as to the reputation of such person is admissible on the question of whether such person is or is not a prostitute.
(d) The prohibition contained in Ohio R.C. 2317.02(D) against testimony by a husband or wife concerning communications between them does not apply, and the accused’s spouse may testify concerning any such communication in any of the following cases:
(1) When the husband or wife is charged with a violation of Section 563.07 and the spouse testifying was the prostitute involved in the offense or the person who used the offender’s premises to engage in sexual activity for hire;
(ORC 2907.26)
(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)
Loading...