For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(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; and
(3) The material or performance, when considered as a whole, lacks serious literary, artistic, political and scientific value for juveniles.
(b) JUVENILE. Any unmarried person under 18 years of age.
(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 R.C. § 2305.51.
(e) MENTAL HEALTH PROFESSIONAL. Has the same meaning as in R.C. § 2305.115.
(f) MINOR. A person under the age of 18.
(g) NUDITY. 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. 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; and
(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. Any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed before an audience.
(j) PROSTITUTE. 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.
(k) PUBLIC PLACE. A place to which the public or a substantial group of persons has access, and includes, but it is not limited to, highways, transportation facilities, restaurants, bars, entertainment facilities, schools, places of amusement, parks, playgrounds and hallways, lobbies and other portions of apartment houses, motels and hotels not constituting rooms or apartments designed for actual residence.
(Ord. 1993-14, passed 5-17-1993)
(l) SADO-MASOCHISTIC ABUSE. Flagellation or torture by or upon a person or the condition of being fettered, bound or otherwise physically restrained.
(m) SEXUAL ACTIVITY. Sexual conduct or sexual contact, or both.
(n) SEXUAL CONDUCT. 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.
(o) SEXUAL CONTACT. 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.
(p) SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
(q) SPOUSE. A person married to an offender at the time of an alleged offense, except that the person shall not be considered the spouse when any of the following apply:
(1) When the parties have entered into a written separation agreement pursuant to R.C. § 3103.06;
(2) When an action is pending between the parties for annulment, divorce, dissolution of marriage or legal separation; and
(3) In the case of an action for legal separation, after the effective date of the judgment for legal separation.
(r) THEATER. A building, playhouse, room, hall or other place having a permanent stage upon which movable scenery and theatrical, vaudeville or similar performances are given and having seats so arranged that a body of spectators can have an unobstructed view of the stage.
(Ord. 1993-44, passed 5-17-1993)
Statutory reference:
Sex offenses general definitions, see R.C. § 2907.01