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(a) No person shall knowingly solicit another to engage in sexual activity for hire in exchange for the person receiving anything of value from the other person.
(b) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of division (a) of this section.
(c) As used in division (a) of this section, "sexual activity for hire" means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.
(d) (1) Whoever violates division (a) of this section is guilty of soliciting. Soliciting is a misdemeanor of the third degree.
(2) Whoever violates division (b) of this section is guilty of engaging in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law.
(R.C. § 2907.24)
(e) No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:
(1) Beckon to, stop or attempt to stop another;
(2) Engage or attempt to engage another in conversation;
(3) Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;
(4) If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;
(5) Interfere with the free passage of another.
(f) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of division (a) of this section.
(g) As used in division (e) hereof:
(1) PUBLIC PLACE means any of the following:
A. A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot or transportation facility.
B. A doorway or entrance way to a building that fronts on a place described in division (e)(1)A. hereof.
C. A place not described in divisions (e)(1)A. or B. hereof that is open to the public.
(2) VEHICLE has the same meaning as in R.C. § 4501.01.
(h) (1) Whoever violates division (e) hereof is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.
(2) Whoever violates division (f) of this section is guilty of loitering to engage in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law.
(R.C. § 2907.241) (`80 Code, § 666.08) Penalty, see § 698.02
(a) No person shall engage in sexual activity for hire.
(b) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in sexual activity for hire.
(c) (1) Whoever violates division (a) of this section is guilty of prostitution, a misdemeanor of the third degree.
(2) Whoever violates division (b) of this section is guilty of engaging in prostitution after a positive HIV test, a felony to be prosecuted under appropriate state law.
(R.C. § 2907.25) (`80 Code, § 660.09) Penalty, see § 698.02
(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.
(d) The prohibition contained in 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 § 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;
(R.C. § 2907.26) (`80 Code, § 666.10)
(a) No person, with knowledge of its character or content, shall recklessly do any of the following:
(1) Directly 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;
(2) Directly 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 the juvenile's 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 to the defendant's 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 that document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of 18 and unmarried.
(c) 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, clergyman, prosecutor, judge or other proper person.
(d) Except as provided in division (b)(3) hereof, mistake of age is not a defense to a charge under this section.
(e) (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.
(f) 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.
(R.C. § 2907.31) (`80 Code, § 666.11) Penalty, see § 698.02
(a) 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 recklessly do any of the following:
(1) Allow, permit or fail to prevent any juvenile who is not accompanied by a parent or lawful guardian to enter or remain on premises if there is visibly displayed, in that part of the premises where the juvenile is or may be allowed, permitted or invited, as a part of the general public or otherwise, 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 any 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, exposed to 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 in or handling such material, either to or for adults or juveniles.
(b) It is not a violation of division (a) hereof if the material in question is displayed by placing it behind blinder racks or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.
(c) Whoever violates division (a)(1) or (a)(2) hereof is guilty of displaying material harmful to juveniles, a misdemeanor of the second degree. Whoever violates division (a)(3) hereof is guilty of unlawful employment of a juvenile, a misdemeanor of the first degree. Punishment shall be as provided in § 698.02.
(`80 Code, § 666.115) (Ord. 1589, passed 12-6-82)
(a) No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles, shall do either of the following:
(1) Falsely represent that he or she is the parent, guardian, or spouse of the juvenile.
(2) Furnish the juvenile with any identification or document purporting to show that the juvenile is 18 years of age or over or married.
(b) No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
(1) Falsely represent that he or she is 18 years of age or over or married.
(2) Exhibit any identification or document purporting to show that he or she is 18 years of age or over or married.
(c) Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates division (b) of this section shall be adjudged an unruly child, with the disposition of the case as may be appropriate under R.C. Chapter 2151.
(R.C. § 2907.33) (`80 Code, § 666.13) Penalty, see § 698.02
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