773.31 AFFIRMATIVE DEFENSES.

   (a)   It is an affirmative defense, as defined by Ohio R.C. 2901.05, to a prosecution under Sections 773.04, 773.05, or 773.24, that a person appearing in a state of nudity did so in a modeling class operated:

      (1)   By a college, junior college, or university supported entirely or partly by taxation;

      (2)   By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

      (3)   In a structure:

         A.   Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

         B.   Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and

         C.   Where no more than one nude model is on the premises at any one time.

   (b)   It is an affirmative defense, as defined by Ohio R.C. 2901.05, to a prosecution under Sections 773.04, 773.05, or 773.22 of this chapter, that each item of descriptive, printed, film or video material offered for sale or rental taken as a whole, contains serious literary, artistic, political, or scientific value.

(Ord. 1998-44. Passed 11-23-98.)