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Greenhills Overview
Greenhills, OH Code of Ordinances
CODIFIED ORDINANCES OF GREENHILLS, OHIO
CERTIFICATION
ROSTER OF OFFICIALS (2021)
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF GREENHILLS
CHARTER OF GREENHILLS, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
CHAPTER 533
Obscenity and Sex Offenses
533.01   Definitions.
533.02   Presumption of knowledge; actual notice and defense.
533.03   Unlawful sexual conduct with a minor.
533.04   Sexual imposition.
533.05   Importuning.
533.06   Voyeurism.
533.07   Public indecency.
533.08   Procuring; engagement in sexual activity for hire.
533.09   Soliciting.
533.091   Loitering to engage in solicitation.
533.10   Prostitution.
533.11   Disseminating matter harmful to juveniles.
533.12   Deception to obtain matter harmful to juveniles.
533.13   Displaying matter harmful to juveniles.
533.14   Unlawful advertising of massage.
533.15   Nonconsensual dissemination of private sexual images.
533.99    Penalty.
CROSS REFERENCES
      See sectional histories for similar State law
      Complicity - see GEN. OFF. 501.10
      Offensive conduct - see GEN. OFF. 509.03
      Telephone harassment - see GEN. OFF. 537.10
      Criminal trespass - see GEN. OFF. 541.05
   533.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Sexual conduct" means 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 opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
   (b)   "Sexual contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if such person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
   (c)   "Sexual activity" means sexual conduct or sexual contact, or both.
   (d)   "Prostitute" means 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.
   (e)   “Harmful to juveniles” means that quality of any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sado-masochistic abuse in any form to which all of the following apply:
      (1)   The material or performance, when considered as a whole, appeals to the prurient interest of juveniles in sex.
      (2)   The material or performance is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles.
      (3)   The material or performance, when considered as a whole, lacks serious literary, artistic, political and scientific value for juveniles.
   (f)   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 such 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 which 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 which 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 interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral or artistic purpose.
   (g)   "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
   (h)   "Nudity" means 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.
   (i)   "Juvenile" means an unmarried person under the age of eighteen.
   (j)   "Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record, or tape, 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.
   (k)   "Performance" means any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed before an audience.
   (l)   "Spouse" means 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 authorized by Ohio R.C. 3103.06;
      (2)   During the pendency of an action 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.
   (m)   "Minor" means a person under the age of eighteen years.
   (n)   “Mental health client or patient” has the same meaning as in Ohio R.C. 2305.51.
   (o)   “Mental health professional” has the same meaning as in Ohio R.C. 2305.115.
   (p)   “Sado-masochistic abuse” means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained.
      (ORC 2907.01)
   533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
   (a)   An owner or manager, or agent or employee of an owner or manager, of a bookstore, newsstand, theater, or other commercial establishment engaged in selling materials or exhibiting performances, who, in the course of business does any of the acts prohibited by Section
   (b)   Without limitation on the manner in which such notice may be given, actual notice of the character of material or a performance may be given in writing by the chief legal officer of the jurisdiction in which the person to whom the notice is directed does business. Such notice, regardless of the manner in which it is given, shall identify the sender, identify the material or performance involved, state whether it is obscene or harmful to juveniles and bear the date of such notice.
   (c)   Section
   (d)   (1)   Sections 533.11, 533.12(a) and 533.13 do not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection.
      (2)   Subsection (d)(1) of this section does not apply to a person who conspires with an entity actively involved in the creation or knowing distribution of material in violation of Section
      (3)   Subsection (d)(1) of this section does not apply to a person who provides access or connection to an electronic method of remotely transferring information that is engaged in the violation of Section
   (e)   An employer is not guilty of a violation of Section
      (1)   With knowledge of the employee’s or agent’s conduct, the employer authorizes or ratifies the conduct.
      (2)   The employer recklessly disregards the employee’s or agent’s conduct.
   (f)   It is an affirmative defense to a charge under Section
   (g)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
(ORC 2907.35)
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