533.17 UNLAWFUL EXPOSURE, COUNSELING, EXEMPTION.

   (a)   No person shall, while participating in any live act, demonstration, performance, or exhibition in any public place or in any place open to the public or open to public view:

(1)   Expose to public view his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or

(2)   Expose to public view any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or

(3)   Expose to public view the female breast with less than a full opaque covering of every part of the areola; or

(4)   Commit in public view actual or simulated touching, caressing or fondling of the breasts, buttocks, anus, or genitals of himself or herself or another person; or

(5)   Display in public view films or pictures depicting acts of a performance which would be prohibited by subparagraphs (1), (2), (3) or (4) hereof.

   (b)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure or commit any other act as prohibited in subsection (a) hereof.

   (c)   The provisions of this section shall not be interpreted to prevent live performances with serious literary, artistic, or political value in a legitimate theater setting for high culture as that concept is used in Barnes V. Glen Theater, Inc., (1991) 501 US 560, and subsequent determinations of the courts of Ohio and the United States interpreting the law of regulable sexual conduct.

   (d)   Whoever violates any subsection hereof is guilty of a misdemeanor of the first degree. (Ord. 129-96. Passed 9-9-96.)