666.10 RULES OF EVIDENCE.

   (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.

   (c)   In any prosecution for a violation of Sections 666.07 to 666.09, proof of a prior conviction of the accused of any such offense or substantially equivalent offense is admissible in support of the charge.

   (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 666.07 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;

      (2)   When the husband or wife is charged with a violation of Section 666.08 or Section 666.09.

(ORC 2907.26)

666.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.

   (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)

666.115 DISPLAYING MATTER HARMFUL TO JUVENILES.

   (a)   As used in this section:

      (1)   “Sexually explicit nudity” means the sexually oriented and explicit showing of nudity, including, but not limited to, a close-up view, pose or depiction in such a position or manner which presents or exposes such nudity to prominent, focal or obvious viewing attention.

      (2)   “Sadomasochistic sexual abuse” means 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 or bound for sexual gratification or abuse.

      (3)   “Visibly displayed” means that 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 general public or otherwise; 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.

      (4)   “Knowledge of character” means 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, whichever is applicable, whether or not such person has precise knowledge of the specific contents thereof. Such knowledge may be proven to direct or circumstantial evidence, or both.

   (b)   No person having custody, control or supervision of any business or commercial establishment or premises, with knowledge of the character of the material involved, shall do any of the following:

      (1)   Allow or permit any juvenile who is not accompanied by a parent or lawful guardian to enter or remain on premises, or fail to prevent the same, if, in that part of the premises where the juvenile is or may be allowed, permitted or invited as part of the general public or otherwise, there is visibly displayed all or part of any book, magazine, newspaper or other form of material which is either harmful to juveniles, when taken as a whole, or contains on its cover, package or wrapping, or within the advertisements therefor, depictions or photographs of sexually explicit nudity, sexual activity, sadomasochistic sexual abuse or lewd exhibition of the genitals;

      (2)   Visibly display, exhibit or otherwise expose to view all or part of such material in any business or commercial establishment where juveniles, as part of the general public or otherwise, are or will probably be admitted or expose to view all or any part of such material from any public or private place; or

      (3)   Hire, employ or otherwise place, supervise, control or allow in any business or commercial establishment or other place any juvenile under circumstances which would cause, lead or allow such juvenile to engage in the business or activity of selling, distributing, disseminating or otherwise dealing or handling such material, either to or for adults or juveniles.

   (c)   No person having custody, control or supervision of any outdoor or drive-in motion picture theater or arena, with knowledge of the character of the performance involved, shall knowingly present or participate in presenting the exhibition of a performance which is harmful to juveniles upon any outdoor or drive-in motion picture theater or arena screen, when such screen is visible and the performance is visibly displayed from a distance of less than 2,000 feet from a public street, sidewalk, park, alley, residence, playground, school or other place to which juveniles, as part of the general public or otherwise, have unrestrained and reasonably anticipated access and presence, except between 11:00 p.m. and 6:00 a.m. of the following day.

   (d)   Whoever violates division (b)(1) or (2) of this section is guilty of displaying material harmful to juveniles, a misdemeanor of the second degree. Whoever violates division (b)(3) of this section is guilty of unlawful employment of a juvenile, a misdemeanor of the first degree. Whoever violates division (c) of this section is guilty of exhibiting harmful performance at an outdoor theater, a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on a second and subsequent offense.

(Ord. 81-009. Passed 7-21-81.)

666.12 PANDERING OBSCENITY. (REPEALED)

   (EDITOR'S NOTE: Section 666.12 was repealed as part of the 1997 revision of these Codified Ordinances because a violation of substantially equivalent State law (Ohio R.C. 2907.32) was made a felony by the General Assembly.)

666.13 POSSESSION AND VIEWING OF OBSCENE MATERIAL INVOLVING A MINOR. (REPEALED)

   (EDITOR'S NOTE: Section 666.13 was repealed as part of the 1997 revision of these Codified Ordinances because a violation of substantially equivalent State law (Ohio R.C. 2907.322 and 2907.323) was made a felony by the General Assembly.)