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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. )
(a) No person who is 18 years of age or older shall engage in sexual conduct with another who is not the spouse of the offender, when the offender knows the other person is 13 years of age or older but less than 16 years of age, or the offender is reckless in that regard.
(b) Whoever violates this section is guilty of unlawful sexual conduct with a minor.
(1) Except as otherwise provided in division (b)(2), unlawful sexual conduct with a minor is a felony to be prosecuted under appropriate State law.
(2) Except as otherwise provided in division (b)(3) of this section, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree.
(3) If the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03 or 2907.04, or any substantially similar municipal ordinance, or a violation of former Ohio R.C. 2907.12, or any substantially similar municipal ordinance, unlawful sexual conduct with a minor is a felony to be prosecuted under appropriate State law.
(ORC 2907.04)
(a) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:
(1) The offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.
(2) The offender knows that the other person's, or one of the other person's ability to appraise the nature of or control the offender's or touching person's conduct is substantially impaired.
(3) The offender knows that the other person, or one of the other persons, submits because of being unaware of the sexual contact.
(4) The other person, or one of the other persons, is 13 years of age or older but less than 16 years of age, whether or not the offender knows the age of the person, and the offender is at least 18 years of age and four or more years older than the other person.
(5) The offender is a mental health professional, the other person or one of the other persons is a mental health client or patient of the offender, and the offender induces the other person who is the client or patient to submit by falsely representing to the other person who is the client or patient that the sexual contact is necessary for mental health treatment purposes.
(b) No person shall be convicted of a violation of this section solely upon the victim's testimony unsupported by other evidence.
(c) Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section, R.C. § 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, former R.C. § 2907.12, or a substantially equivalent state law or municipal ordinance, a violation of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section, R.C. § 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, former R.C. § 2907.12, or a substantially equivalent state law or municipal ordinance, or of any combination of those sections, a violation of this section is a misdemeanor of the first degree and, notwithstanding the range of jail terms prescribed in R.C. § 2929.24, the court may impose on the offender a definite jail term of not more than one year.
(R.C. § 2907.06)
Statutory reference:
Gross sexual imposition, felony, see Ohio R.C. 2907.05
Notice to licensing board or agency upon indictment, conviction or guilty plea of mental health professional, see Ohio R.C. 2907.17 and 2907.18
(a) No person shall recklessly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront others who are in the person’s physical proximity and who are not members of the person’s household:
(1) Expose the person’s private parts.
(2) Engage in sexual conduct or masturbation.
(3) Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.
(b) No person shall knowingly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront another person who is in the person’s physical proximity, who is a minor, and who is not the spouse of the offender:
(1) 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) Expose the person’s private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.
(c) (1) Whoever violates this section is guilty of public indecency and shall be punished as provided in divisions (c)(2), (c)(3), (c)(4), and (c)(5) of this section.
(2) Except as otherwise provided in this division (c)(2), a violation of division (a)(1) of this section is a misdemeanor of the fourth degree. 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, a violation of division (a)(1) of this section is a misdemeanor of the third degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the second degree. 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, a violation of division (a)(1) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. 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, a violation of division (a)(1) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony to be prosecuted under appropriate State law.
(3) Except as otherwise provided in this division (c)(3), a violation of division (a)(2) or (a)(3) of this section is a misdemeanor of the third degree. 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, a violation of division (a)(2) or (a)(3) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section or a substantially equivalent State law municipal ordinance, a violation of division (a)(2) or (a)(3) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony to be prosecuted under appropriate State law.
(4) Except as otherwise provided in this division (c)(4), a violation of division (b)(1), (b)(2), or (b)(3) of this section is a misdemeanor of the second degree. 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, a violation of division (b)(1), (b)(2), or (b)(3) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section or a substantially equivalent State law municipal ordinance, a violation of division (b)(1), (b)(2), or (b)(3) of this section is a felony to be prosecuted under appropriate State law.
(5) Except as otherwise provided in this division (c)(5), a violation of division (b)(4) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to any violation of this section or a substantially equivalent State law municipal ordinance, a violation of division (b)(4) of this section is a felony to be prosecuted under appropriate State law.
(d) (1) If either of the following applies, the court may determine at the time of sentencing whether to classify the offender as a tier I sex offender/child-victim offender for a violation of division (b)(4) of this section:
A. The offender is less than ten years older than the other person.
B. The offender is ten or more years older than the other person and the offender has not previously been convicted of or pleaded guilty to any violation of this section or any substantially equivalent state law or municipal ordinance.
(2) If the offender is convicted of or pleads guilty to a violation of division (b)(4) of this section, is ten or more years older than the other person, and previously has been convicted of or pleaded guilty to any violation of this section or any substantially equivalent state law or municipal ordinance, the court shall issue an order at the time of sentencing that classifies the offender as a tier I sex offender/child-victim offender subject to registration under R.C. §§ 2950.04, 2950.041, 2950.05, and 2950.06.
(R.C. § 2907.09)
(e) A mother is entitled to breast-feed her baby in any location of a place of public accommodation, as defined in Ohio R.C. 4112.01, wherein the mother otherwise is permitted.
(ORC 3781.55)
Statutory reference:
Bail considerations for persons charged, see Ohio R.C. 2907.41
(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.
(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 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 second degree.
(2) A violation of division (b) of this section is a misdemeanor of the first 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.
(a) (1) A peace officer, prosecutor, or other public official shall not ask or require a victim of an alleged sex offense to submit to a polygraph examination as a condition for proceeding with the investigation of the alleged sex offense.
(2) The refusal of the victim of an alleged sex offense to submit to a polygraph examination shall not prevent the investigation of the alleged sex offense, the filing of criminal charges with respect to the alleged sex offense, or the prosecution of the alleged perpetrator of the alleged sex offense.
(b) As used in this section:
(1) “Peace officer” has the same meaning as in Ohio R.C. 2921.51.
(2) “Polygraph examination” means any mechanical or electrical instrument or device of any type used or allegedly used to examine, test, or question an individual for the purpose of determining the individual’s truthfulness.
(3) “Prosecution” means the prosecution of criminal charges in a criminal prosecution or the prosecution of a delinquent child complaint in a delinquency proceeding.
(4) “Prosecutor” has the same meaning as in Ohio R.C. 2935.01.
(5) “Public official” has the same meaning as in Ohio R.C. 117.01.
(ORC 2907.10)
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