(a) No commercial film or photographic print processor, who has knowledge of or observes within the scope of his professional capacity or employment, any film, photograph, movie film, videotape, negative, or slide depicting a child engaged in sexual activity, bestiality, or masturbation of himself or another, depicting a child as the victim of sadomasochism, or depicting erotic juvenile nudity, shall knowingly fail to do both of the following:
(1) Immediately report that knowledge or observation, the name of the person who presented the film, photograph, movie film, videotape, negative, or slide for processing, and any available address or telephone number of that person to a municipal or county peace officer in the county in which the commercial film or photographic print processor observed or obtained knowledge of the film, photograph, movie film, videotape, negative, or slide;
(2) Provide a copy of the film, photograph, movie film, videotape, negative, or slide that is the subject of the report made pursuant to subsection (a)(1) to the peace officer who investigates the report.
(b) (1) No person, or employee of any person, who for a fee acts as an agent of a commercial film or photographic print processor and who receives notice from the commercial film or photographic print processor for which he acts as agent that any film, photograph, movie film, videotape, negative or slide presented to the commercial film or photographic print processor as a result of the agency relationship depicts a child engaged in sexual activity, bestiality, or masturbation of the child or another, depicts a child as the victim of sadomasochism, or depicts erotic juvenile nudity, shall knowingly fail to do all of the following:
A. Immediately report the information contained in the notice from the commercial film or photographic print procesor, the name, address, and telephone number of the person who presented the film, photograph, movie film, videotape, negative, or slide to the commercial film or photographic print processor, if available, and the name, address, and telephone number of the commercial film or photographic print processor to the appropriate municipal or county peace officer where the agency relationship exists;
B. Provide a copy of the film, photograph, movie film, videotape, negative or slide to the peace officer who investigates the report, if it is available to the person.
(2) For purposes of this section, a person acts as an agent of a commercial film or photographic print processor if he is not an employee of the commercial film or photographic print processor and if he does any of the following:
A. Collects film, photographs, movie film, videotapes, negatives, or slides at his place of business for delivery to the commercial film or photographic print processor;
B. Permits customers of a commercial film or photographic print processor to deposit, on premises that he owns, leases, or otherwise has under his control, film, photographs, movie film, videotapes, negatives, or slides for pickup by or delivery to the commercial film or photographic print processor;
C. Otherwise assists in the delivery of film, photographs, movie film, videotapes, negatives, or slides to or from a commercial film or photographic print processor.
(c) (1) Any report made pursuant to this section is confidential and shall be used or disseminated only as necessary for any court proceedings held as a result of the report or as otherwise ordered by a court.
(d) Any person who, in good faith, makes a report pursuant to this section or otherwise participates in any court proceeding that arises out of the making of a report pursuant to this section, is immune from any civil or criminal liability that might otherwise be incurred or imposed as a result of the making of the report or participation in the court proceeding. Any person, who makes a report pursuant to this section or participates in any court proceeding that arises out of any report made pursuant to this section, is rebuttably presumed to be acting in good faith.
(e) Any municipal or county peace officer who receives a report pursuant to subsection (a) or (b) hereof shall notify the County Children's Services Board or the County Department of Human Services that exercises the children services function of the report.
(f) As used in this section:
(1) "Commercial film or photographic print processor" means a person, or the employee of a person, who for a fee does any of the following:
A. Develops exposed photographic film into movies, negatives, slides or prints;
B. Makes photographic prints from negatives or slides;
C. Makes copies of videotapes.
(2) "Erotic juvenile nudity" means a display, description, or representation of a child's genitals, rectal area, or pubic area, or a display, description, or representation of a female child's developed or developing breasts, which display, description or representation appeals to prurient interest.
(3) "Sexual activity" has the same meaning as in Ohio R.C. 2907.01.
(4) "Peace officer" has the same meaning as in Ohio R.C. 2935.01.
(g) Whoever violates subsection (a) or (b) hereof is guilty of failing to report films of minors engaging in sexual activity, a misdemeanor of the fourth degree.
(h) Whoever violates subsection (c)(2) hereof is guilty of divulging confidential information about child sexual activity reports, a misdemeanor of the fourth degree.
(Ord. 88-23. Passed 5-3-88.)