As used in this chapter:
(a) "Harmful to juveniles." Any material or performance is "harmful to juveniles" if it is offensive to prevailing standards in the adult community with respect to what is suitable for juveniles, and if any of the following apply:
(1) It tends to appeal to the prurient interest of juveniles in sex.
(2) It contains a display, description, or representation of sexual activity, masturbation, sexual excitement, or nudity.
(3) It contains a display, description, or representation of bestiality or extreme or bizarre violence, cruelty, or brutality.
(4) It contains a display, description, or representation of human bodily functions of elimination.
(5) It makes repeated use of foul language.
(6) It contains a display, description, or representation in lurid detail of the violent physical torture, dismemberment, destruction, or death of a human being.
(7) It contains a display, description, or representation of criminal activity that tends to glorify or glamorize the activity and that, with respect to juveniles, has a dominant tendency to corrupt.
(Ord. 2060. Passed 4-23-84.)
(b) "Juvenile." Any unmarried person under 18 years of age.
(c) "Material." Means one of the following:
(1) A. As used in portions of Section 666.11 that pertain to materials that are harmful to juveniles but not obscene, "material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record, tape, or other tangible thing capable of arousing interest through sight, sound, or touch and, except as provided in division (c)(1)B. of this section, includes an image or text appearing on a computer monitor or on a television screen, liquid crystal display, or similar display device used as a computer monitor or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape, or similar storage device.
B. As used in the portion of Section 666.11 that pertain to materials that are harmful to juveniles but not obscene, both of the following apply:
1. Except as otherwise provided in division (c)(1)B.2. of this section, "material" does not include an image or text that appears on a computer monitor or on a television screen, liquid crystal display, or similar display device used as a computer monitor while the monitor, screen, display, or device is actively connected to a web site on the internet.
2. "Material" includes an image or text that appears on a computer monitor or on a television screen, liquid crystal display, or similar display device used as a computer monitor while the monitor, screen, display, or device is actively connected to a web site on the internet if the image or text is contained in an e-mail message or if the image or text is so appearing on the monitor, screen, display, or device during a direct presentation to a specific, known juvenile or group of known juveniles. The image or text is "material" under this division only regarding the application of the portions of Section 666.11 that pertain to materials that are harmful to juveniles but not obscene to the person who sends the e-mail message or who directly presents the image or text to the specific, know juvenile or group of known juveniles.
(2) As used in all provisions of this chapter that are not identified in division (c)(1) of this section, "material" means 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.
(d) "Mental health client or patient." Has the same meaning as in Ohio R.C. 2305.51.
(e) "Mental health professional." Has the same meaning as in Ohio R.C. 2305.115.
(f) "Minor." A person under the age of 18.
(g) "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.
(h) "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 that 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 that 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 that 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 an interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose.
(i) "Performance." Any motion picture, preview, trailer, play, show, skit, dance, or other exhibition performed before an audience.
(j) "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.
(Ord. 2053. Passed 2-13-84)
(k) "Sexual activity." Sexual conduct or sexual contact, or both.
(l) "Sexual conduct." Vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal cavity of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
(Adopting Ordinance)
(m) "Sexual contact." Any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
(n) "Sexual excitement." The condition of human male or female genitals when in a state of sexual stimulation or arousal.
(o) "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 pursuant to Ohio R.C. 3103.06.
(2) When an action is pending 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.
(ORC 2907.01)
(p) "Person." Any individual, corporation, company, business, partnership, association, establishment or other legal entity of any kind.
(q) "Sexually explicit nudity." The sexually oriented and explicit showing of nudity, including, but not limited to, close-up views, poses or depictions in such position or manner which present or expose such nudity to prominent, focal or obvious viewing attention.
(r) "Sadomasochistic sexual abuse." Actual or simulated flagellation, rape, torture or other physical or sexual abuse, by or upon a person who is nude or partially denuded, or the condition of being fettered, bound or otherwise physically restrained, for the actual or simulated purpose of sexual gratification or abuse or represented in the context of a sexual relationship.
(s) "Visibly displayed" means that the material is visible on a billboard, viewing screen, marquee, newsstand, display rack, window, showcase, display case or other similar display area that is visible from any part of the premises where a juvenile is or may be allowed, permitted or invited, as part of the general public or otherwise, or that is visible from a public street, sidewalk, park, alley, residence, playground, school or other place to which a juvenile, as part of the general public or otherwise, has unrestrained and reasonably anticipated access and presence.
(t) "Knowledge of character." Having general knowledge, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of the nature and character of the material or performance involved. A person has such knowledge when he or she knows or is aware that the material or performance contains, depicts or describes sexually explicit nudity, sexual activity, sadomasochistic sexual abuse or lewd exhibition of the genitals, whether or not such person has precise knowledge of the specific contents thereof. Such knowledge may be proven by direct or circumstantial evidence, or both.
(Ord. 2060. Passed 4-23-84. )