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:
(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)