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(a) (1) A peace officer, prosecutor, other public official, defendant, defendant's attorney, alleged juvenile offender, or alleged juvenile offender's attorney shall not ask or require a victim of an alleged sex offense to submit to a polygraph examination as a condition for proceeding with the investigation or prosecution of the alleged sex offense.
(2) The refusal of the victim of an alleged sex offense to submit to a polygraph examination shall not prevent the investigation of the alleged sex offense, the filing of criminal charges with respect to the alleged sex offense, or the prosecution of the alleged perpetrator of the alleged sex offense.
(b) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. ALLEGED JUVENILE OFFENDER. Has the same meaning as in R.C. § 2930.01.
B. PEACE OFFICER. Has the same meaning as in R.C. § 2921.51.
C. POLYGRAPH EXAMINATION. Any mechanical or electrical instrument or device of any type used or allegedly used to examine, test or question an individual for the purpose of
determining the individual’s truthfulness.
D. PROSECUTION. The prosecution of criminal charges in a criminal prosecution or the prosecution of a delinquent child complaint in a delinquency proceeding.
E. PROSECUTOR. Has the same meaning as in R.C. § 2935.01.
F. PUBLIC OFFICIAL. Has the same meaning as in R.C. § 117.01.
G. SEX OFFENSE. A violation of any provision of §§ 533.03 to 533.07 or R.C. §§ 2907.02 to 2907.09.
(R.C. § 2907.10)
(a) In any case in which it is necessary to prove that a place is a brothel, evidence as to the reputation of the place and as to the reputation of the persons who inhabit or frequent it is admissible on the question of whether the 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 the person is admissible on the question of whether the 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 § 533.08 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; or
(R.C. § 2907.26)
(a) Without limitation on the persons otherwise entitled to bring an action for a declaratory judgment pursuant to R.C. Chapter 2721, involving the same issue, the following persons have standing to bring a declaratory judgment action to determine whether particular materials or performances are obscene or harmful to juveniles:
(1) The chief legal officer of the municipality if and when there is reasonable cause to believe that R.C. § 2907.31 or § 2907.32, or a substantially equivalent municipal ordinance, is being or is about to be violated; and
(2) Any person who, pursuant to R.C. § 2907.35(B) or a substantially equivalent municipal ordinance, has received notice in writing from the chief legal officer stating that particular materials or performances are obscene or harmful to juveniles.
(b) Any party to an action for a declaratory judgment pursuant to division (a) of this section is entitled, upon the party’s request, to trial on the merits within five days after joinder of the issues, and the court shall render judgment within five days after trial is concluded.
(c) An action for a declaratory judgment pursuant to division (a) of this section shall not be brought during the pendency of any civil action or criminal prosecution when the character of the particular materials or performances involved is at issue in the pending case, and either of the following applies:
(1) Either of the parties to the action for a declaratory judgment is a party to the pending case; or
(2) A judgment in the pending case will necessarily constitute res judicata as to the character of the materials or performances involved.
(d) A civil action or criminal prosecution in which the character of particular materials or performances is at issue, brought during the pendency of an action for a declaratory judgment involving the same issue, shall be stayed during the pendency of the action for a declaratory judgment.
(e) The fact that a violation of R.C. § 2907.31 or § 2907.32, or a substantially equivalent municipal ordinance, occurs prior to a judicial determination of the character of the material or performance involved in the violation does not relieve the offender of criminal liability for the violation, even though prosecution may be stayed pending the judicial determination.
(R.C. § 2907.36)
(a) Where it appears that R.C. § 2907.31 or § 2907.32, or a substantially equivalent municipal ordinance, is being or is about to be violated, the chief legal officer of the municipality may bring an action to enjoin the violation. The defendant, upon his or her request, is entitled to trial on the merits within five days after the joinder of the issues, and the court shall render judgment within five days after the trial is concluded.
(b) Premises used or occupied for repeated violations of R.C. § 2907.31 or § 2907.32, or a substantially equivalent municipal ordinance, constitute a nuisance subject to abatement pursuant to R.C. Chapter 3767.
(R.C. § 2907.37)
(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial establishment that has as a significant or substantial portion of its stock-in- trade or inventory in, derives a significant or substantial portion of its revenues from, devotes a significant or substantial portion of its interior business or advertising to, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides or other visual representations, that are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.
(2) ADULT CABARET. Has the same meaning as in R.C. § 2907.39.
(3) ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions that are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas are regularly shown to more than five individuals for any form of consideration.
(4) CHARACTERIZED BY. Describing the essential character or quality of an item.
(5) EMPLOYEE. Any individual who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, regardless of whether the individual is denominated an employee, independent contractor, agent or otherwise, but does not include an individual exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
(6) NUDITY, NUDE or STATE OF NUDITY. Has the same meaning as in R.C. § 2907.39.
(7) OPERATOR. Any individual on the premises of a sexually oriented business who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises.
(8) PATRON. Any individual on the premises of a sexually oriented business except for any of the following:
A. An operator or an employee of the sexually oriented business;
B. An individual who is on the premises exclusively for repair or maintenance of the premises or for the delivery of goods to the premises; or
C. A public employee or a volunteer firefighter emergency medical services worker acting within the scope of the public employee’s or volunteer’s duties as a public employee or volunteer.
(9) PREMISES. The real property on which the sexually oriented business is located and all appurtenances to the real property, including, but not limited to, the sexually oriented business, the grounds, private walkways and parking lots or parking garages adjacent to the real property under the ownership, control or supervision of the owner or operator of the sexually oriented business.
(10) REGULARLY. Consistently or repeatedly.
(11) SEMINUDE or STATE OF SEMINUDITY. Has the same meaning as in R.C. § 2907.39.
(12) SEXUAL DEVICE. Any three- dimensional object designed and marketed for stimulation of the male or female human genitals or anus or female breasts or for sadomasochistic use or abuse of oneself or others, including, but not limited to, dildos, vibrators, penis pumps and physical representations of the human genital organs, but not including devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.
(13) SEXUAL DEVICE SHOP. A commercial establishment that regularly features sexual devices, but not including any pharmacy, drug store, medical clinic or establishment primarily dedicated to providing medical or healthcare products or services, and not including any commercial establishment that does not restrict access to its premises by reason of age.
(14) SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, purports to offer for any form of consideration physical contact in the form of wrestling or tumbling between individuals of the opposite sex when one or more of the individuals is nude or seminude.
(15) SEXUALLY ORIENTED BUSINESS. An adult bookstore, adult video store, adult cabaret, adult motion picture theater, sexual device shop or sexual encounter center, but does not include a business solely by reason of its showing, selling or renting materials that may depict sex.
(16) SPECIFIED ANATOMICAL AREAS. Includes human genitals, pubic region and buttocks and the human female breast below a point immediately above the top of the areola.
(17) SPECIFIED SEXUAL ACTIVITY. Sexual intercourse, oral copulation, masturbation or sodomy, or excretory functions as a part of or in connection with any of these activities.
(b) No sexually oriented business shall be or remain open for business between midnight and 6:00 a.m. on any day, except that a sexually oriented business that holds a liquor permit pursuant to R.C. Chapter 4303 may remain open until the hour specified in that permit if it does not conduct, offer or allow sexually oriented entertainment activity in which the performers appear nude.
(c) (1) No patron who is not a member of the employee’s immediate family shall knowingly touch any employee while that employee is nude or seminude or touch the clothing of any employee while that employee is nude or seminude.
(2) No employee who regularly appears nude or seminude on the premises of a sexually oriented business, while on the premises of that sexually oriented business and while nude or seminude, shall knowingly touch a patron who is not a member of the employee’s immediate family or another employee who is not a member of the employee’s immediate family or the clothing of a patron who is not a member of the employee’s immediate family or another employee who is not a member of the employee’s immediate family or allow a patron who is not a member of the employee’s immediate family or another employee who is not a member of the employee’s immediate family to touch the employee or the clothing of the employee.
(d) Whoever violates division (b) of this section is guilty of illegally operating a sexually oriented business, a misdemeanor of the first degree.
(e) Whoever violates division (c) of this section is guilty of illegal sexually oriented activity in a sexually oriented business. If the offender touches a specified anatomical area of the patron or employee, or the clothing covering a specified anatomical area, a violation of division (c) of this section is a misdemeanor of the first degree. If the offender does not touch a specified anatomical area of the patron or employee, or the clothing covering a specified anatomical area, a violation of division (c) of this section is a misdemeanor of the fourth degree.
(R.C. § 2907.40)
Statutory reference:
State indemnification for certain municipal liability stemming from local adult business regulations, see R.C. § 715.55
(a) No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
(b) Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
(c) Nothing in this section prevents the municipality from enacting any regulation of the advertising of massage further than and in addition to the provisions of divisions (a) and (b) of this section.
(d) As used in this section, SEXUAL ACTIVITY has the same meaning as in R.C. § 2907.01.
(R.C. § 2927.17)
(a) As used in this section:
(1) CABLE SERVICE PROVIDER. Has the same meaning as in R.C. § 1332.01.
(2) DIRECT-TO-HOME SATELLITE SERVICE. Has the meaning defined in 47 U.S.C. § 303, as amended.
(3) DISSEMINATE. Means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.
(4) IMAGE. Means a photograph, film, videotape, digital recording, or other depiction or portrayal of a person.
(5) INTERACTIVE COMPUTER SERVICE. Has the meaning defined in the “Telecommunications Act of 1996”, 47 U.S.C. § 230, as amended.
(6) INTERNET PROVIDER. Means a provider of internet service, including all of the following:
A. Broadband service, however defined or classified by the Federal Communications Commission;
B. Information service or telecommunications service, both as defined in the “Tele-communications Act of 1996”, 47 U.S.C. § 153, as amended;
C. Internet protocol- enabled services, as defined in R.C. § 4927.01.
(7) MOBILE SERVICE. Has the meaning defined in 47 U.S.C. § 153, as amended.
(8) SEXUAL ACT. Means any of the following:
A. Sexual activity;
B. Masturbation;
C. An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;
D. Sado-masochistic abuse.
(9) TELECOMMUNICATIONS CARRIER. Has the meaning defined in 47 U.S.C. § 153, as amended.
(10) VIDEO SERVICE PROVIDER. Has the same meaning as in R.C. § 1332.21.
(b) No person shall knowingly disseminate an image of another person if all of the following apply:
(1) The person in the image is 18 years of age or older.
(2) The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
(3) The person in the image is in a state of nudity or is engaged in a sexual act.
(4) The image is disseminated without consent from the person in the image.
(5) The image is disseminated with intent to harm the person in the image.
(c) This section does not prohibit the dissemination of an image if any of the following apply:
(1) The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.
(2) The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.
(3) The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
(4) The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.
(5) The image is disseminated for another lawful public purpose.
(6) The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.
(7) The image is disseminated for the purpose of medical treatment or examination.
(d) The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:
(1) A provider of interactive computer service;
(2) A mobile service;
(3) A telecommunications carrier;
(4) An internet provider;
(5) A cable service provider;
(6) A direct-to-home satellite service;
(7) A video service provider.
(e) Any conduct that is a violation of this section and any other section of this Code or the Ohio Revised Code may be prosecuted under this section, the other section, or both sections.
(f) (1) A. Except as otherwise provided in division (f)(1)B., (f)(1)C., or (f)(1)D. of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
B. If the offender previously has been convicted of or pleaded guilty to a violation of this section or any substantially equivalent state or local law, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
C. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section or any substantially equivalent state or local law, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
D. If the offender is under 18 years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.
(2) In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under R.C. Chapter 2981:
A. Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;
B. Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled, or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.
(g) A victim of a violation of this section may commence a civil cause of action against the offender, as described in R.C. § 2307.66.
(R.C. § 2917.211)
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