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) "Knowledge of character" means having general knowledge or reason to know of, or a belief or grounds for belief which warrants further inspection or inquiry of, the nature and character of the material. A person has such knowledge when he or she knows or is aware that the material contains, depicts or describes nudity, sexual contact, sexual conduct, sexual excitement or sadomasochistic sexual abuse, whichever is applicable, whether or not such person has precise knowledge of the specific contents. A person need not have knowledge of the legal status of the material.
(d) “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.
(e) “Mental health client or patient” has the same meaning as in Ohio R.C. 2305.51.
(f) “Mental health professional” has the same meaning as in Ohio R.C. 2305.115.
(g) “Minor.” A person under the age of 18.
(h) "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.
(i) “Obscene.” 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, any material or performance is “obscene” if any of the following apply:
(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.
(j) "Performance" means any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed before an audience.
(k) "Person" as used herein means a natural person or individual owner or president of a corporation or any partner of a partnership having custody, control or supervision of any commercial establishment.
(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 open 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 such 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.
(ORC 2907.01) (Ord. 3-87. Passed 1-26-87.)