As used in this chapter:
(a) "Harmful to juveniles." That quality of any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sado-masochistic abuse in any form to which all of the following apply:
(1) The material or performance, when considered as a whole, appeals to the prurient interest of juveniles in sex.
(2) The material or performance is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles.
(3) The material or performance, when considered as a whole, lacks serious literary, artistic, political, and scientific value for juveniles.
(b) "Juvenile" means an unmarried person under the age of eighteen.
(c) "Material." Any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, video cassette, laser disc, phonograph record, cassette tape, compact disc, or other tangible thing capable of arousing interest through sight, sound, or touch and includes an image or text appearing on a computer monitor, television screen, liquid crystal display, or similar display device or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape, or similar data storage device.
(d) “Mental health client or patient.” Has the same meaning as in Ohio R.C. 2305.51.
(e) “Mental health professional.” Has the same meaning as in Ohio R.C. 2305.115.
(f) "Minor" means a person under the age of eighteen.
(g) "Nudity" means the showing, representation or depiction of human male or female genitals, pubic area or buttocks with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
(h) "Obscene" means any material or performance to which any of the following applies, when considered as a whole, and judged with reference to ordinary adults, or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to that group:
(1) Its dominant appeal is to prurient interest;
(2) Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement or nudity in a way that tends to represent human beings as mere objects of sexual appetite;
(3) Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty or brutality;
(4) Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way that inspires disgust or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral or artistic purpose;
(5) It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral or artistic purpose.
(i) "Performance" means any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed before an audience.
(j) “Place where a person has a reasonable expectation of privacy.” A place where a reasonable person would believe that the person could fully disrobe in private.
(k) “Private area.” The genitals, pubic area, buttocks, or female breast below the top of the areola, where nude or covered by an undergarment.
(l) “Prostitute” means a male or female who promiscuously engages in sexual activity for hire, regardless of whether the hire is paid to the prostitute or to another.
(m) “Sado-masochistic abuse.” Flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained.
(n) “Sexual activity” means sexual conduct or sexual contact, or both.
(o) “Sexual conduct” means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
(p) “Sexual contact” means any touching of an erogenous zone of another, including, without limitation, the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
(q) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(r) “Spouse” means a person married to an offender at the time of an alleged offense, except that such person shall not be considered the spouse when any of the following applies:
(1) When the parties have entered into a written separation agreement authorized by Ohio R.C. 3103.06;
(2) When an action is pending between the parties for annulment, divorce, dissolution of marriage or legal separation; or
(3) In the case of an action for legal separation, after the effective date of the judgment for legal separation.
(ORC 2907.01)