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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)
Statutory reference:
Testing offenders for venereal disease and AIDS, see R.C. § 2907.27
(a) 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; and/or
(5) Interfere with the free passage of another.
(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) For the purpose of division (a) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) PUBLIC PLACE. 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 (1)A. of this definition.
C. A place not described in division (1)A. or (1)B. of this definition that is open to the public.
(2) VEHICLE. Has the same meaning as in R.C. § 4501.01.
(c) (1) Whoever violates division (a) of this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.
(2) Whoever violates division (b) 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)
Statutory reference:
Testing offenders for venereal disease and AIDS, see R.C. § 2907.27
(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)
Statutory reference:
Testing offenders for venereal disease and AIDS, see R.C. § 2907.27
(a) No person, with knowledge of its character or content, shall recklessly do any of following:
(1) Directly sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile any material or performance that is obscene or harmful to juveniles;
(2) 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; or
(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 his or her 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 his or her 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 the document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of 18 and unmarried.
(c) (1) 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, clergy, prosecutor, judge or other proper person.
(2) Except as provided in division (b)(3) of this section, mistake of age is not a defense to a charge under this section.
(d) (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.
(e) 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)
(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)
(a) No person who has custody, control or supervision of a commercial establishment, with knowledge of the character or content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.
(b) It is not a violation of division (a) of this section 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 this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree. Each day during which the offender is in violation of this section constitutes a separate offense.
(R.C. § 2907.311)
(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) COMMERCIAL ESTABLISHMENT. An entity that is open to the public and to which either of the following applies:
A. It has a substantial or significant portion of its stock-in-trade of the sale, rental or viewing of visual materials or performances depicting sexual conduct.
B. It has as a principal business purpose the sale, rental or viewing of visual materials or performances depicting sexual conduct.
(2) VISUAL MATERIALS OR PERFORMANCES. Films, videos, CD-ROM discs, streaming video or other motion pictures.
(b) No person who has custody, control or supervision of a commercial establishment, with knowledge of the character of the visual material or performance involved, shall knowingly permit the use of, or offer the use of, viewing booths, stalls or partitioned portions of a room located in the commercial establishment for the purpose of viewing visual materials or performances depicting sexual conduct unless both of the following apply:
(1) The inside of each booth, stall or partitioned room is visible from, and at least one side of each booth, stall or partitioned room is open to, a continuous and contiguous main aisle or hallway that is open to the public areas of the commercial establishment and is not obscured by any curtain, door or other covering or enclosure.
(2) No booth, stall or partitioned room is designed, constructed, pandered or allowed to be used for the purpose of encouraging or facilitating nudity or sexual activity on the part of or between patrons or members of the public, and no booth, stall or partitioned room has any aperture, hole or opening for the purpose of encouraging or facilitating nudity or sexual activity.
(c) It is an affirmative defense to a charge under this section that either of the following applies to the involved visual materials or performances:
(1) The visual materials or performances depicting sexual conduct are disseminated or presented for a bona fide medical, scientific, educational, religious, governmental, judicial or other proper purpose and by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge or other person having a proper interest in the visual materials or performances.
(2) The visual materials or performances depicting sexual conduct, taken as a whole, would be found by a reasonable person to have serious literary, artistic, political or scientific value or are presented or disseminated in good faith for a serious literary, artistic, political or scientific purpose and are not pandered for their prurient appeal.
(d) Whoever violates this section is guilty of permitting unlawful operation of viewing booths depicting sexual conduct, a misdemeanor of the first degree.
(R.C. § 2907.38)
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