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(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 subsection (a) of this section is guilty of prostitution, a misdemeanor of the third degree.
(2) Whoever violates subsection (b) of this section is guilty of engaging in prostitution after a positive HIV test, a felony to be prosecuted under appropriate state law.
(ORC 2907.25)
(a) No person, with knowledge of its character or content, shall recklessly do any of the following:
(1) Directly 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;
(2) Directly 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;
(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 the juvenile’s 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 the defendant’s agent or employee a draft card, driver's license, birth certificate, marriage license, or other official or apparently official document purporting to show that the juvenile was eighteen years of age or over or married, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of eighteen 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, clergyman, prosecutor, judge or other proper person.
(2) Except as provided in subsection (b)(3) hereof, 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) 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.
(f) 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 subsection, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, a violation of this section is a felony and shall be prosecuted under appropriate State law. (ORC 2907.31)
(EDITOR’S NOTE: Former Section 533.12 which was derived from Ohio R.C. 2907.32 has been removed from the Codified Ordinances. By Am. Sub. Senate Bill 2, effective July 1, 1996, a violation of Ohio R.C. 2907.32 has been reclassified as a felony offense. Therefore each charge for pandering obscenity should now be filed under Ohio R.C. 2907.32.)
(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 is the parent, guardian or spouse of such juvenile;
(2) Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen 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 is eighteen years of age or over or married;
(2) Exhibit any identification or document purporting to show that he is eighteen 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 subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as may be appropriate under Ohio R.C. Chapter 2151.
(ORC 2907.33)
(a) No person, with knowledge of the character of the material, shall possess or control any material which depicts a minor under the age of sixteen years engaging in sexually explicit conduct.
(b) As used in this section, the term:
(1) "Person" means any individual, corporation, company, business, partnership, association, establishment or other legal entity of any kind;
(2) "Knowledge of the character" means having general knowledge, reason to know, or a belief or ground for belief which warrants further inspection or inquiry into the nature of the material involved. A person is rebuttably presumed to have such knowledge when either of the following apply:
A. The material states that it depicts minors under the age of sixteen years old, or expressly disclaims knowledge of the age of the individuals depicted; or
B. From all of the facts and circumstances attending the depiction, including, but not limited to the physical development of the individuals depicted, their clothing or other body apparel or jewelry, their mannerisms, expressions and stances, and/or the background or foreground setting of the depiction, a person of ordinary intelligence would conclude that the material depicted minors under the age of sixteen years;
(3) "Sexually explict conduct" means actual or simulated:
A. Sexual intercourse, including genital-genital, oral-genital, anal- genital, or anal-anal, whether between persons of the same or opposite sex;
B. Bestiality;
C. Masturbation;
D. Sado-masochistic abuse (for the purpose of sexual stimulation); or
E. Lewd exhibition of the genitals or pubic area of any person.
(c) Whoever violates this section is guilty of possession of child pornography, a misdemeanor of the first degree.
(Ord. 85-11. Passed 3-19-85)
(a) No person shall knowingly enter on or remain upon the land, dwelling, structure, premises or other property of another, or otherwise commit the offense of trespassing, as defined by law, and while thus situated, look or attempt to look at another through any window, door or transom of a dwelling or other structure located thereon, or otherwise surreptitiously eavesdrop or spy upon another therein and thereby recklessly invade or violate the privacy of another.
(b) The provisions of subsection (a) do not apply to:
(1) Any activity undertaken in the course of bona fide law enforcement or corrections activity or necessary to the proper functioning of the criminal justice system.
(2) Bona fide fire, life safety, first responder, or other rescue activity in response to reports of actual, imminent, or threatened physical injury or property damage.
(c) As used in this section, except as the context requires otherwise:
(1) “Enter” means entry into or upon the land, dwelling or other property of another without the permission of the owner or other person entitled to possession, or at times when the entrant is not otherwise licensed or privileged to enter, or in a manner that violates a covenant, condition, or other restriction upon the person of the person’s use of the land, dwelling or other property.
(2) “Land” means privately-owned real property upon and within the bounds of which stands a dwelling or other building, including the yards or landscaped areas surrounding or adjacent to a dwelling or building.
(3) “Dwelling” means a building that in whole or in part, on either a regular or intermittent basis, is intended for occupancy by a person lodging therein. Where a building consists of separate dwelling units, including, but not limited to separate apartments or rented rooms, each unit is, in addition to being a part of such building, a separate dwelling.
(4) “Invade or violate the privacy of another” refers to a person’s act of obtaining views of another person in the other person’s dwelling in a manner that violates a privacy interest of the other person protected under state or federal law, including but not limited to viewing or attempting to view another person in a state of partial or full nudity.
(d) Whoever violates subsection (a) is guilty of invasion of privacy, a misdemeanor of the first degree. Any person convicted of invasion of privacy who has, within the previous five years, been convicted of a violation of any provisions within Ohio R.C. Chapter 2907 (Obscenity and Sex Offenses) or of any violation of any provisions within Ohio R.C. Chapter 2903 (Offenses Against Persons) or of any crime of violence or otherwise has been identified as a sexual predator, then the Court shall impose a sentence which includes:
(1) Maximum penalty allowed by law, suspension of not more than 150 days, with 30 days jail served via 90 days house arrest, and conditioned upon multiple terms of probation, as follows:
A. Maximum term of probation;
B. Maximum fine, suspended only if applied, in fact, to pay for treatment or electronically monitored house arrest;
C. Mandatory treatment and reporting requirements, including random alcohol and drug screening;
(2) Mandatory order to cease and desist further violations and to have no contract or communication with the victim, their family members, and to remain more than 100 yards away from the said victim as well as the property where the offense took place.
(Ord. 2002-102. Passed 8-20-02.)
(a) As used in this section:
(1) "Childcare Facility" means any preschool, daycare or other facility for the care of children that is licensed by the State of Ohio.
(2) "Park or Recreation Facility" mean any land and/or building owned or controlled by the City of North Olmsted and used for park or recreation purposes, including, but not limited to, the Recreation Center, Clague Park, North Olmsted Park, and Barton-Bradley Soccer Field.
(3) "Public Body" has the same meaning as found in Section 121.22 of the Ohio Revised Code.
(4) "Registered Offender" means any person who is required to register with a County Sheriff pursuant to any of the provisions of Ohio Revised Code Chapter 2950, including, but not limited to, Sections 2950.04, 2950.041, or 2950.05.
(b) No registered offender shall do the following:
(1) Shall establish a residence or occupy residential premises within 2000 feet of any property line of any real property located in the City of North Olmsted upon which is located any elementary or secondary public or private school, or any library or childcare facility. This local regulation shall not apply to a residence that was purchased by a registered offender, or for the first year of a written lease of a residence signed by a registered offender, prior to the effective date of this Ordinance; or
(2) Establish a residence or occupy residential premises with any one or more registered offenders, when the registered offenders are not legally related by blood, marriage or adoption. For purposes of this section, a "residence" and "residential premises" exist at a particular location, at a particular time, the moment a registered offender uses that location's address or other identifying information to register with the Cuyahoga County Sheriff's Department.
(c) No registered offender shall enter upon or remain in any Park or Recreation Facility, except to attend the meeting of a public body.
(d) If a registered offender violates paragraphs (b) or (c) of this section by establishing a residence or occupying residential premises within two thousand feet of any elementary or secondary public or private school, or any library or childcare facility in the City of North Olmsted, or by entering upon or remaining in any Park or Recreation Facility, except for the purpose of attending a meeting of a public body, the Director of Law, upon notice from the Chief of Police, shall, on behalf of the City, have a cause of action for injunctive relief against the registered offender. As provided in Section 2950.031 of the Ohio Revised Code, the City shall not be required to prove irreparable harm in order to obtain the relief.
(e) In addition to the foregoing civil remedy provided to enforce these civil regulations relating to registered offenders, any registered offender who violates either paragraph (b) or (c) of this section shall be guilty of a fourth degree misdemeanor and, minimally, fined one hundred dollars ($100.00) per day for the first five days of his or her violation, and two hundred fifty dollars ($250.00) per day for every subsequent day of violation. For purposes of this paragraph, each day during which such violation continues shall constitute a separate violation.
(Ord. 2010-99. Passed 9-8-10.)
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