Section
666.01 Definitions
666.02 Unlawful sexual conduct with a minor
666.03 Sexual imposition
666.04 Public indecency
666.05 Voyeurism
666.06 Polygraph examinations for victims: restrictions on use
666.07 Procuring; engagement in sexual activity for hire
666.08 Soliciting
666.085 Loitering to engage in solicitation
666.09 Prostitution
666.10 Rules of evidence
666.11 Disseminating matter harmful to juveniles
666.115 Displaying matter harmful to juveniles
666.12 Pandering obscenity (Repealed)
666.13 Possession and viewing of obscene material involving a minor (Repealed)
666.14 Deception to obtain matter harmful to juveniles
666.15 Presumptions; notice
666.16 Declaratory judgment
666.17 Injunction; abatement of nuisance
666.18 Exposure of performers in public; exemption of theatrical establishments
666.19 Aiding and abetting unlawful exposure
666.20 Unlawful operation of viewing booths depicting sexual conduct
666.21 Juveniles on the premises of adult entertainment establishments prohibited
666.22 Prohibition on residency
666.23 Sexually oriented businesses; illegal operation and activity
666.24 Unlawful advertising of massage
666.25 Nonconsensual dissemination of private sexual images
666.99 Sentencing for sexually oriented offenses; sexual predators; registration
CROSS REFERENCES
Assistance to victims of sexual assault, see R.C. §§ 2907.28 through 2907.30
Child victim, disposition of, see R.C. § 2945.481
Criminal child enticement, see § 636.08
Definitions generally, see § 606.01
Examination and treatment for venereal disease; HIV tests, see R.C. § 2907.27
Power to restrain houses of ill fame, see R.C. § 715.52
Registration of sex offenders in cities and counties, see R.C. §§ 2950.01 et seq.
Sentencing generally, see Ch. 698
Spreading contagion, see § 660.02
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
(a) No person who is 18 years of age or older shall engage in sexual conduct with another who is not the spouse of the offender, when the offender knows the other person is 13 years of age or older but less than 16 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 R.C. § 2907.02, 2907.03 or 2907.04, or any substantially equivalent municipal ordinance, or a violation of former R.C. § 2907.12, or any substantially equivalent municipal ordinance, unlawful sexual conduct with a minor is a felony to be prosecuted under appropriate state law.
(R.C. § 2907.04)
(a) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:
(1) The offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard;
(2) The offender knows that the other person’s, or one of the other person’s ability to appraise the nature of or control the offender’s or touching person’s conduct is substantially impaired;
(3) The offender knows that the other person, or one of the other persons, submits because of being unaware of the sexual contact;
(4) The other person, or one of the other persons, is 13 years of age or older but less than 16 years of age, whether or not the offender knows the age of the person, and the offender is at least 18 years of age and four or more years older than the other person; and
(5) The offender is a mental health professional, the other person or one of the other persons is a mental health client or patient of the offender, and the offender induces the other person who is the client or patient to submit by falsely representing to the other person who is the client or patient that the sexual contact is necessary for mental health treatment purposes.
(b) No person shall be convicted of a violation of this section solely upon the victim’s testimony unsupported by other evidence.
(c) Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section, R.C. § 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, former R.C. § 2907.12, or a substantially equivalent state law or municipal ordinance, a violation of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section, R.C. § 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, former R.C. § 2907.12, or a substantially equivalent state law or municipal ordinance, or of any combination of those sections, a violation of this section is a misdemeanor of the first degree and, notwithstanding the range of jail terms prescribed in R.C. § 2929.24, the court may impose on the offender a definite jail term of not more than one year.
(R.C. § 2907.06)
Statutory reference:
Gross sexual imposition, felony, see R.C. § 2907.05
Notice to licensing board or agency upon indictment, conviction or guilty plea of mental health professional, see R.C. §§ 2907.17 and 2907.18
(a) No person shall recklessly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront others who are in the person’s physical proximity and who are not members of the person’s household:
(1) Expose the person’s private parts;
(2) Engage in sexual conduct or masturbation; and
(3) Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.
(b) No person shall knowingly do any of the following, under circumstances in which the person's conduct is likely to be viewed by and affront another person who is in the person's physical proximity, who is a minor, and who is not the spouse of the offender:
(1) Engage in masturbation;
(2) Engage in sexual conduct;
(3) Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation; and
(4) Expose the person’s private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.
(c) (1) Whoever violates this section is guilty of public indecency and shall be punished as provided in divisions (c)(2), (c)(3), (c)(4) and (c)(5) of this section.
(2) Except as otherwise provided in this division (c)(2), a violation of division (a)(1) of this section is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section or a substantially equivalent state law or municipal ordinance, a violation of division (a)(1) of this section is a misdemeanor of the third degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to two violations of this section or a substantially equivalent state law or municipal ordinance, a violation of division (a)(1) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section or a substantially equivalent state law or municipal ordinance, a violation of division (a)(1) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony to be prosecuted under appropriate state law.
(3) Except as otherwise provided in this division (c)(3), a violation of division (a)(2) or (a)(3) of this section is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section or a substantially equivalent state law or municipal ordinance, a violation of division (a)(2) or (a)(3) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section or a substantially equivalent state law or municipal ordinance, a violation of division (a)(2) or (a)(3) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony to be prosecuted under appropriate state law.
(4) Except as otherwise provided in this division (c)(4), a violation of division (b)(1), (b)(2) or (b)(3) of this section is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section or a substantially equivalent state law or municipal ordinance, a violation of division (b)(1), (b)(2) or (b)(3) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section or a substantially equivalent state law or municipal ordinance, a violation of division (b)(1), (b)(2) or (b)(3) of this section is a felony to be prosecuted under appropriate state law.
(5) Except as otherwise provided in this division (c)(5), a violation of division (b)(4) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to any violation of this section or a substantially equivalent state law or municipal ordinance, a violation of division (b)(4) of this section is a felony to be prosecuted under appropriate state law.
(d) (1) If either of the following applies, the court may determine at the time of sentencing whether to classify the offender as a tier I sex offender/child-victim offender for a violation of division (b)(4) of this section:
A. The offender is less than ten years older than the other person.
B. The offender is ten or more years older than the other person and the offender has not previously been convicted of or pleaded guilty to any violation of this section or any substantially equivalent state law or municipal ordinance.
(2) If the offender is convicted of or pleads guilty to a violation of division (b)(4) of this section, is ten or more years older than the other person, and previously has been convicted of or pleaded guilty to any violation of this section or any substantially equivalent state law or municipal ordinance, the court shall issue an order at the time of sentencing that classifies the offender as a tier I sex offender/child-victim offender subject to registration under R.C. §§ 2950.04, 2950.041, 2950.05, and 2950.06.
(R.C. § 2907.09)
(e) A mother is entitled to breast-feed her baby in any location of a place of public accommodation, as defined in R.C. § 4112.01, wherein the mother otherwise is permitted.
(R.C. § 3781.55)
Statutory reference:
Bail considerations for persons charged, see R.C. § 2907.41
(a) No person, for the purpose of sexually arousing or gratifying himself or herself, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.
(b) No person shall knowingly commit trespass or otherwise secretly or surreptitiously videotape, film, photograph, broadcast, stream, or otherwise record another person, in a place where a person has a reasonable expectation of privacy, for the purpose of viewing the private areas of that person.
(c) No person shall knowingly commit trespass or otherwise secretly or surreptitiously videotape, film, photograph, broadcast, stream, or otherwise record a minor, in a place where a person has a reasonable expectation of privacy, for the purpose of viewing the private areas of the minor.
(d) No person shall secretly or surreptitiously videotape, film, photograph, or otherwise record another person above, under, or through the clothing being worn by that other person for the purpose of viewing the body of, or the undergarments worn by, that other person.
(e) Whoever violates this section is guilty of voyeurism.
(1) A violation of division (a) of this section is a misdemeanor of the third degree.
(2) A violation of division (b) of this section is a misdemeanor of the second degree.
(3) A violation of division (d) of this section is a misdemeanor of the first degree.
(4) A violation of division (c) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2907.08)
(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) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(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.
(R.C. § 2907.10)
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