CHAPTER 533
Obscenity and Sex Offenses
533.01   Definitions.
533.02   Presumption of knowledge; actual notice and defense.
533.03   Corruption of a minor.
533.04   Sexual imposition.
533.05   Public indecency.
533.06   Voyeurism.
533.07   Polygraph examinations for victims; restrictions on use.
533.08   Sexual exploitation.
533.09   Soliciting; loitering to engage in.
533.10   Prostitution.
533.11   Display and dissemination of materials harmful to juveniles.
533.12   Pandering obscenity. (Repealed)
533.13   Deception to obtain matter harmful to juveniles.
533.14   Obscene or profane language. (Repealed)
533.16   Pandering material involving a minor; illegal use of minor. (Repealed)
533.17   Reporting suspected child pornography.
533.18   Sentencing for sexually oriented offenses; sexual predators; registration.
533.19   Unlawful operation of viewing booths depicting sexual conduct.
533.20   Juveniles on the premises of adult entertainment establishments prohibited.
533.21   Sexually oriented businesses; illegal operation and activity.
533.22   Unlawful advertising of massage.
533.23   Nonconsensual dissemination of private sexual images.
533.99   Penalty.
   CROSS REFERENCES
   See sectional histories for similar State law
   Complicity - see GEN. OFF. 501.10
   Offensive conduct - see GEN. OFF. 509.03
   Telephone harassment - see GEN. OFF. 537.10
   Criminal trespass - see GEN. OFF. 541.05
533.01 DEFINITIONS.
   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.)
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
   (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 Ohio R.C. 2907.31 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)   Ohio R.C. 2907.31 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 Ohio R.C. 2907.31 and 2907.311 and Section 533.13(a) do 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 Ohio R.C. 2907.31 and 2907.311 and Section 533.13 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 Ohio R.C. 2907.31 and 2907.311 and Section 533.13 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 Ohio R.C. 2907.31 and 2907.311 and Section 533.13 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 Ohio R.C. 2907.31 and 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. 95-96. Passed 7-15-96.)
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
   (a)   No person, who is eighteen years of age or older, shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows such other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.
   (b)   Whoever violates this section is guilty of unlawful sexual conduct with a minor.
      (1)   Except as otherwise provided in division (b)(2), unlawful sexual conduct with a minor is a felony to be prosecuted under appropriate State law.
      (2)   Except as otherwise provided in division (b)(3) of this section, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree.
      (3)   If the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03 or 2907.04, or any substantially similar municipal ordinance, or a violation of former Ohio R.C. 2907.12, or any substantially similar municipal ordinance, unlawful sexual conduct with a minor is a felony to be prosecuted under appropriate State law.
(ORC 2907.04)
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