Loading...
(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
(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
(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
(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.
(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;
(ORC 2907.26; Ord. 278-73. Passed 12-17-73.)
(a) No owner or manager, or his agent or employee, of a bookstore, newsstand, theater or other commercial establishment shall:
(1) Knowingly display or permit the display of any material or performance, which is obscene or harmful to juveniles, in such a manner or in such a location within the establishment that the offensive material or performance may at any time or in any manner be seen by juveniles; or
(2) Knowingly display or permit the display, on or within the establishment, of any advertisement, relating to any material which is obscene or harmful to juveniles, which is graphic or which is worded in such a manner as to render the advertisement itself obscene or harmful to juveniles as defined in Sections 666.01(a) and (f).
(b) No person, with knowledge of its character, shall knowingly or recklessly present, sell or otherwise furnish to a juvenile any material or performance which is obscene or harmful to juveniles.
(c) The following are affirmative defenses to a charge under subsection (b) hereof which involves material or a performance which 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 the material or performance was presented to him, was accompanied by his 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 his agent or employee a draft card, driver's license, birth record, marriage license or other official or apparently official document purporting to show that such juvenile was eighteen years of age or over or married, and the person to whom such document was exhibited did not otherwise have reasonable cause to believe that such juvenile was under the age of eighteen and unmarried.
(d) It is an affirmative defense to a charge under subsection (b) hereof, involving material or a performance which is obscene or harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(e) Whoever violates any of the provisions of this section is guilty of exposing juveniles to harmful materials, a misdemeanor of the first degree, provided the material or performance involved is harmful to juveniles, but not obscene. The penalty shall be as provided in Section 698.02.
(Ord. 155-77. Passed 4-18-83.)
(EDITOR'S NOTE: Section 666.125 was repealed by Ordinance 66-97, passed March 18, 1997, because a violation of substantially equivalent State law (Ohio R.C. 2907.322 and 2907.323) was made a felony by the Ohio General Assembly by Am. Sub. S.B. No. 2, effective July 1, 1996.)
(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 or she is the parent, guardian, or spouse of the juvenile.
(2) Furnish the juvenile with any identification or document purporting to show that the juvenile is 18 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 or she is 18 years of age or over or married.
(2) Exhibit any identification or document purporting to show that he or she is 18 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 division (b) of this section shall be adjudged an unruly child, with the disposition of the case as may be appropriate under Ohio R.C. Chapter 2151.
(ORC 2907.33; Ord. 278-73. Passed 12-17-73.)
(a) An owner or manager, or agent or employee of an owner or manager, of a bookstore, newsstand, theater, or other commercial establishment engaged in selling material or exhibiting performances, who, in the course of business does any of the acts prohibited by Section 666.11 is presumed to have knowledge of the character of the material or performance involved if the owner, manager, or agent or employee of the owner or manager has actual notice of the nature of such material or performance, whether or not the owner, manager, or agent or employee of the owner or manager has precise knowledge of its contents.
(b) Without limitation on the manner in which such notice may be given, actual notice of the character of material or a performance may be given in writing by the chief legal officer of the Municipality. Such notice, regardless of the manner in which it is given, shall identify the sender, identify the material or performance involved, state whether it is obscene or harmful to juveniles, and bear the date of such notice.
(c) Section 666.11 does not apply to a motion picture operator or projectionist acting within the scope of employment as an employee of the owner or manager of the theater or other place for the showing of motion pictures to the general public, and having no managerial responsibility or financial interest in the operator's or projectionist's place of employment, other than wages.
(d) (1) The provisions of Section 666.11 and 666.13(a) and Ohio R.C. 2907.311 does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from and that do not include the creation of the content of the material that is the subject of the access or connection.
(2) Division (d)(1) of this section does not apply to a person who conspires with an entity actively involved in the creation or knowing distribution of material in violation of Section 666.11 and 666.13(a) and Ohio R.C. 2907.311, or who knowingly advertises the availability of material of that nature.
(3) Division (d)(1) of this section does not apply to a person who provides access or connection to an electronic method of remotely transferring information that is engaged in the violation of Section 666.11 and 666.13(a) and Ohio R.C. 2907.311 and that contain content that person has selected and introduced into the electronic method of remotely transferring information or content over which that person exercises editorial control.
(e) An employer is not guilty of a violation of Section 666.11 and 666.13(a) and Ohio R.C. 2907.311 based on the actions of an employee or agent of the employer unless the employee's or agent's conduct is within the scope of the employee’s or agent’s employment or agency, and the employer does either of the following:
(1) With knowledge of the employee's or agent's conduct, the employer authorizes or ratifies the conduct.
(2) The employer recklessly disregards the employee's or agent's conduct.
(f) It is an affirmative defense to a charge under Section 666.11 or Ohio R.C. 2907.311 as the section applies to an image transmitted through the internet or other electronic method of remotely transmitting information that the person charged with violating the section has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by juveniles to material that is harmful to juveniles, including any method that is feasible under available technology.
(ORC 2907.35; Ord. 91-00. Passed 5-15-00; Ord. 53-03. Passed 3-3-03.)
Loading...