666.06 POLYGRAPH EXAMINATIONS FOR VICTIMS: RESTRICTIONS ON USE .

   (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)   As used in this section:

      (1)   “Alleged juvenile offender.” Has the same meaning as in R.C. § 2930.01.

      (2)   “Peace officer.” Has the same meaning as in R.C. § 2921.51.

      (3)   “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.

      (4)   “Prosecution.” The prosecution of criminal charges in a criminal prosecution or the prosecution of a delinquent child complaint in a delinquency proceeding.

      (5)   “Prosecutor.” Has the same meaning as in R.C. § 2935.01.

      (6)   “Public official.” Has the same meaning as in R.C. § 117.01.

      (7)   “Sex offense.” A violation of any provision of §§ 666.02 to 666.05 or R.C. §§ 2907.02 to 2907.09.

(R.C. § 2907.10)

666.07 PROCURING.

   (a)   No person, knowingly and for gain, shall do either of the following:

      (1)   Entice or solicit another to patronize a prostitute or brothel;

      (2)   Procure a prostitute for another to patronize, or take or direct another at the other’s request to any place for the purpose of patronizing a prostitute.

   (b)   No person, having authority or responsibility over the use of premises, shall knowingly permit the premises to be used for the purpose of engaging in sexual activity for hire.

   (c)   Whoever violates this section is guilty of procuring. Except as otherwise provided in this division, procuring is a misdemeanor of the first degree. If the prostitute who is procured, patronized, or otherwise involved in a violation of division (a)(2) of this section is under 18 years of age at the time of the violation, regardless of whether the offender who violates division (a)(2) of this section knows the prostitute’s age, or if a prostitute who engages in sexual activity for hire in premises used in violation of division (b) of this section is under 18 years of age at the time of the violation, regardless of whether the offender who violates division (b) of this section knows the prostitute’s age, procuring is a felony to be prosecuted under appropriate state law.

(ORC 2907.23) (Ord. 278-73. Passed 12-17-73.)

666.08 SOLICITING.

   (a)   (1)   No person shall solicit another who is 18 years of age or older to engage with the other person in sexual activity for hire.

      (2)   No person shall solicit another to engage with such other person in sexual activity for hire if the other person is 16 or 17 years of age and the offender knows that the other person is 16 or 17 years of age or is reckless in that regard.

      (3)   No person shall solicit another to engage with such other person in sexual activity for hire if either of the following applies:

         A.   The other person is less than 16 years of age, whether or not the offender knows the age of the other person.

         B.   The other person is a developmentally disabled person and the offender knows or has reasonable cause to believe the other person is a developmentally disabled person.

   (b)   (1)   Whoever violates division (a) of this section is guilty of soliciting. A violation of division (a)(1) of this section is a misdemeanor of the third degree. A violation of division (a)(2) or (a)(3) of this section is a felony to be prosecuted under appropriate state law. Whoever violates division (a) of this section is guilty of soliciting, a misdemeanor of the third degree.

      (2)   If a person is convicted of or pleads guilty to a violation of division (a) of this section or an attempt to commit a violation of division (a) of this section and if the person, in committing or attempting to commit the violation, was in, was on, or used a motor vehicle, the court, in addition to or independent of all other penalties imposed for the violation, may impose upon the offender a class six suspension of the person's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in Ohio R.C. 4510.02(A)(6). In lieu of imposing upon the offender the class six suspension, the court instead may require the offender to perform community service for a number of hours determined by the court.

   (c)   As used in division (a) of this section:

      (1)   “Developmentally disabled person.” Has the same meaning as in R.C. § 2905.32.

      (2)   “Sexual activity for hire.” Means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.

(ORC 2907.24(A), (C)(1), (D), (E)) (Ord. 278-73. Passed 12-17-73.)

Statutory reference:

   Offenders with knowledge that they test HIV positive, felony, see Ohio R.C. 2907.24(B)

   Testing offenders for venereal disease and AIDS, see Ohio R.C. 2907.27

666.085 LOITERING TO ENGAGE IN SOLICITATION.

   (a)   No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:

      (1)   Beckon to, stop or attempt to stop another;

      (2)   Engage or attempt to engage another in conversation;

      (3)   Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;

      (4)   If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;

      (5)   Interfere with the free passage of another.

   (b)   As used in division (a) of this section:

      (1)   “Public place” means any of the following:

         A.   A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot or transportation facility.

         B.   A doorway or entrance way to a building that fronts on a place described in division (1)A. of this definition.

         C.   A place not described in division (1)A. or (1)B. of this definition that is open to the public.

      (2)   “Vehicle” has the same meaning as in Ohio R.C. 4501.01.

   (c)   Whoever violates this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.

(ORC 2907.241; Ord. 176-98. Passed 6-15-98.)

Statutory reference:

   Offenders with knowledge that they test HIV positive, felony, see Ohio R.C. 2907.241(B)

   Testing offenders for venereal disease and AIDS, see Ohio R.C. 2907.27

666.09 PROSTITUTION.

   (a)   No person shall engage in sexual activity for hire.

   (b)   Whoever violates this section is guilty of prostitution, a misdemeanor of the third degree.

(ORC 2907.25; Ord. 278-73. Passed 12-17-73.)

Statutory reference:

   Offenders with knowledge that they test HIV positive, felony, see Ohio R.C. 2907.25(B)

   Testing offenders for venereal disease and AIDS, see Ohio R.C. 2907.27

666.10 RULES OF EVIDENCE.

   (a)   In any case in which it is necessary to prove that a place is a brothel, evidence as to the reputation of such place and as to the reputation of the persons who inhabit or frequent it is admissible on the question of whether such 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 such person is admissible on the question of whether such person is or is not a prostitute.

   (c)   In any prosecution for a violation of Sections 666.07 to 666.09, proof of a prior conviction of the accused of any such offense or substantially equivalent offense is admissible in support of the charge.

   (d)   The prohibition contained in Ohio 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 Section 666.07 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;

      (2)   When the husband or wife is charged with a violation of Section 666.08 or Section 666.09.

(ORC 2907.26; Ord. 278-73. Passed 12-17-73.)