CHAPTER 533 Obscenity and Sex Offenses

(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.

(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:

(1) The average adult person, applying contemporary community standards, would find that the material or performance is offensive to prevailing standards in the adult community with respect to what is suitable to juveniles; and

(2) The material or performance depicts or describes:

A. Sexual activity or representation or description of ultimate sexual acts, normal or perverted, actual or simulated, involving a person or persons, or a person or persons and an animal; or

B. Representations or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals, including fully or partially uncovered exhibition of human or animal genitals, perineum, or anal region by any means, including but not limited to, close-up views, poses or depictions in such position or manner which expose such areas to prominent, focal or obvious view; or

C. Extreme or bizarre violence, cruelty, brutality, disfigurement, dismemberment, or human bodily functions of elimination; and

(3) The material or performance lacks sufficient scientific, educational, sociological, moral, artistic, literary, political or medical value for juveniles to outweigh its harmful qualities or effects.

(Ord. 193-79. Passed 10-1-79.)

(f) “Obscene” means material or performance whether pictures, photographs, drawings, writings, cartoons, recordings, films or exhibition which:

(1) The average person, applying contemporary community standards, would find that the material or performance, taken as a whole, appeals to the prurient interest; and

(2) The material or performance depicts or describes, in a potently offensive way:

A. Sexual activity or representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, involving a person or persons, or a person or persons and an animal; or

B. Representations or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals, including fully or partially uncovered exhibition of human or animal genitals, perineum, or anal region by any means, including but not limited to, close-ups views, poses, or depictions is such position or manner which expose such areas to prominent, focal or obvious view; or

C. Extreme or bizarre violence, cruelty, brutality, disfigurement, dismemberment or human bodily functions of elimination; and

(3) The material or performance, taken as a whole, lacks serious literary, artistic, political or scientific value.

(Ord. 193-79. Passed 10-1-79.)

(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, video tape, phonographic record or tape, or other tangible thing capable of arousing interest through sight, sound or touch. (Initiative Ord. Approved by electors 11-5-85.)

(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.

(ORC 2907.01)

(n) “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.

(o) “Person” means any individual, corporation, company, business, partnership, association, establishment, or other legal entity of any kind.

(p) “Public place” means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.

(q) “Theater” means a building, play house, room, hall or other place having a permanent parcel stage upon which movable scenery and theatrical or vaudeville or similar performances are given and seats so arranged that a body of spectators can have an unobstructed view of the stage.

(Initiative Ord. Approved by electors 11-5-85.)

(r) “Place where a person has a reasonable expectation of privacy” means a place where a reasonable person would believe that the person could fully disrobe in private.

(s) “Private area” means the genitals, pubic area, buttocks, or female breast below the top of the areola, where nude or covered by an under-garment.

(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 533.11, is presumed to have knowledge of the character of the material or performance involved, if the owner, manager, or agent or employee of the owner or manager has actual notice of the nature of such material or performance, whether or not the owner, manager, or agent or employee of the owner or manager has precise knowledge of its contents.

(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 533.11 does not apply to a motion picture operator or projectionist acting within the scope of employment as an employee of the owner or manager of a theater or other place for the showing of motion pictures to the general public, and having no managerial responsibility or financial interest in the operator’s or projectionist’s place of employment, other than wages.

(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 533.11, 533.12 or 533.13, or who knowingly advertises the availability of material of that nature.

(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 533.11, 533.12 or 533.13, and that contains content that person has selected and introduced into the electronic method of remotely transferring information or content over which that person exercises editorial control.

(e) An employer is not guilty of a violation of Section 533.11, 533.12, or 533.13 based on the actions of an employee or agent of the employer unless the employee’s or agent’s conduct is within the scope of employee’s or agent’s employment or agency, and the employer does either of the following:

(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 533.11 or 533.13 as the section applies to an image transmitted through the internet or another electronic method of remotely transmitting information that the person charged with violating the section has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by juveniles to material that is harmful to juveniles, including any method that is feasible under available technology.

(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)

533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.

(a) No person, who is eighteen years of age or older, shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.

(b) Whoever violates this section is guilty of unlawful sexual conduct with a minor, a misdemeanor of the first degree. If the offender is four years older or more than the other person, or if the offender has previously been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03 or 2907.04, or former Ohio R.C. 2907.12, unlawful sexual conduct with a minor is a felony and shall be prosecuted under appropriate State law. (ORC 2907.04)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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