533.01  DEFINITIONS.
   As used in this chapter:
   (a)   “Sexual activity” means sexual conduct or sexual contact, or both.
   (b)   “Sexual conduct” means vaginal intercourse between a male and female, and anal intercourse, fellatio and cunnilingus between persons regardless of sex. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
   (c)   “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.
   (d)   “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.
   (e)   “Sexually oriented material” means any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
   (f)   “Nudity oriented material” means any material that shows a minor in a state of nudity and that, taken as a whole by the average person applying contemporary community standards, appeals to prurient interest.
   (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” or “minor” or “child” means an unmarried person under the age of eighteen.
   (j)   “Person” means any individual, corporation, company, business, partnership, association, establishment, or other legal entity of any kind.
   (k)   “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.
   (l)   “Performance” means any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed before an audience.
   (m)   “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 by direct or circumstantial evidence, or both.
   (n)   “Obscene” means any material or performance to which any of the following applies, 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:
      (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.
   (o)   “Harmful to juveniles” means any material or performance that is offensive  to prevailing standards in the adult community with respect to what is  suitable for juveniles, provided that at least one of the following applies:
      (1)   It tends to appeal to the prurient interest of juveniles;
      (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.
   (p)   “Minor” means a person under the age of eighteen.
   (q)   “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 Ohio R.C. 3103.06;
      (2)   During the pendency of an action between the parties for annulment, divorce, dissolution of marriage or legal separation; or
      (3)   In the case of an action for legal separation, after the effective date of the judgment for legal separation.
         (ORC 2907.01)