As used in this chapter:
(a) SEXUAL CONDUCT means vaginal inter-course 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.
(b) SEXUAL CONTACT means 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.
(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 any material or performance, whether through motion pictures, photographs, drawings, cartoons, slides, depictions or descriptions, to which any of the following applies:
(1) The average adult person, applying contemporary community standards, would find that the material or performance, taken as a whole, has a tendency to excite lustful or erotic thoughts in juveniles, or is designed or marketed to cater or appeal to a prurient interest in nudity, sex or excretion.
(2) The material or performance depicts or describes sexually explicit nudity, sexual activity, sadomasochistic sexual abuse or lewd exhibition of the genitals in a way which is patently offensive to prevailing standards in the adult community with respect to what is suitable for juveniles.
(3) The material or performance, taken as a whole, lacks serious literary, artistic, political, educational or scientific value for juveniles.
(Ord. 1589, passed 12-6-82)
(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 that group, any material or performance is
OBSCENE if any of the following applies:
(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.
(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 18 years of age.
(j) MATERIAL. Means one of the following:
(1) A. As used in § 666.115 and in portions of § 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 (1)B. of this definition, 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.
1. Except as otherwise provided in division (1)B.2. of this definition,
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 § 666.115 and the portions of § 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 (1) of this definition,
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.
(k) PERFORMANCE means any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed before an audience.
(l) PLACE WHERE A PERSON HAS A REASONABLE EXPECTATION OF PRIVACY. A place where a reasonable person would believe that the person could fully disrobe in private.
(m) PRIVATE AREA. The genitals, pubic area, buttocks, or female breast below the top of the areola, where nude or covered by an undergarment.
(n) 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 applies:
(1) When the parties have entered into a written separation agreement authorized by 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.
(o) MINOR means a person under the age of 18.
(R.C. § 2907.01)
(p) PERSON means any individual, corporation, company, business, partnership, association, establishment or other legal entity of any kind.
(q) SEXUALLY EXPLICIT NUDITY means the sexually oriented and explicit showing of nudity, including, but not limited to, close-up views, poses or depictions in such a position or manner which present or expose such nudity to prominent, focal or obvious viewing attention.
(r) 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, 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, show case, 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 juveniles, as part of the general public or otherwise, have unrestrained and reasonably anticipated access and presence.
(t) 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 nor such person has precise knowledge of the specific contents of such material or performance. Such knowledge may be proven by direct or circumstantial evidence, or both.
(u) MENTAL HEALTH CLIENT OR PATIENT. Has the same meaning as in R.C. § 2305.51.
(v) MENTAL HEALTH PROFESSIONAL. Has the same meaning as in R.C. § 2305.115.
(`80 Code, § 666.01) (Ord. 1589, passed 12-6-82)