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(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.)
(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 legislative authority of a municipal corporation or township from enacting any regulation of the advertising of massage further than and in addition to the provisions of subsections (a) and (b) of this section.
(ORC 2927.17)
(ORC 2927.17)
(a) As used in this section:
(1) “Disseminate” means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.
(2) “Image” means a photograph, film, videotape, digital recording or other depiction or portrayal of a person.
(3) “Interactive computer service” has the meaning defined in the “Telecommunications Act of 1996", 47 U.S.C. 230, as amended.
(4) “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 telecommunication service, both as defined in the “Telecommunications Act of 1996" 47 U.S.C. 153, as amended.
C. Internet protocol-enabled services, as defined in Ohio R.C. 4927.01.
(5) “Mobile service” and “telecommunications carrier” have the meanings defined in 47 U.S.C. 153, as amended.
(6) “Cable service provider” has the same meaning as in Ohio R.C. 1332.01.
(7) “Direct-to-home satellite service” has the meaning defined in 47 U.S.C. 303, as amended.
(8) “Video service provider” has the same meaning as in Ohio R.C. 1332.21.
(9) “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.
(b) No person shall knowingly disseminate an image of another person if all of the following apply:
(1) The person in the image is eighteen 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 the General Offenses Code, or the Revised Code may be prosecuted under this section, the other section, or both sections.
(f) (1) A. Except as otherwise provided in subsection (f)(1)B., C., or 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, 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, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
D. If the offender is under eighteen 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 Ohio 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 Ohio R.C. 2307.66.
(ORC 2917.211)