533.01 Definitions.
533.02 Presumption of knowledge; actual notice and defense.
533.03 Corruption of a minor.
533.04 Sexual imposition.
533.05 Importuning. (Repealed)
533.06 Voyeurism.
533.07 Public indecency.
533.08 Procuring.
533.09 Soliciting.
533.10 Prostitution.
533.11 Disseminating matter harmful to juveniles.
533.12 Pandering obscenity.
533.13 Deception to obtain matter harmful to juveniles.
533.14 Prohibition of public nudity for commercial gain.
533.15 Pandering obscenity involving a minor.
533.16 Pandering sexually oriented matter involving a minor.
533.17 Illegal use of a minor in nudity-oriented material or performance.
533.18 Soliciting and loitering from a motor vehicle.
533.19 Declared nuisances; abatement.
533.20 Action to abate; parties.
533.21 Order of abatement; closing of building, removal of contents, sale; contempt.
533.22 Indecent behavior in the presence of a juvenile prohibited.
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
As used in this chapter:
(a) "Sexual conduct" means vaginal intercourse between a male and female, and anal intercourse, fellatio and cunnilingus between persons regardless of sex. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
(b) "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.
(c) "Sexual activity" means sexual conduct or sexual contact, or both.
(d) "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.
(e) Any material or performance is "harmful to juveniles," if it is offensive to prevailing standards in the adult community with respect to what is suitable for juveniles, and if any of the following apply:
(1) It tends to appeal to the prurient interest of juveniles;
(2) It contains a display, description or representation of sexual activity, masturbation, sexual excitement or nudity;
(3) It contains a display, description or representation of bestiality or extreme or bizarre violence, cruelty or brutality;
(4) It contains a display, description or representation of human bodily functions of elimination;
(5) It makes repeated use of foul language;
(6) It contains a display, description or representation in lurid detail of the violent physical torture, dismemberment, destruction or death of a human being;
(7) It contains a display, description or representation of criminal activity which tends to glorify or glamorize such activity, and which with respect to juveniles has a dominant tendency to corrupt.
(f) (1) Any material or performance is "obscene" if all of the following apply:
A. The average person, applying contemporary community standards, would find that it appeals to the prurient interest when considered as a whole; and
B. It depicts, describes or represents in a patently offensive manner, sexual behavior as defined in paragraph (f)(2) hereof; and
C. It lacks serious literary, artistic, political or scientific value when considered as a whole.
(2) Sexual behavior means the patently offensive representation, depiction or description of any of the following:
A. Ultimate sexual acts, normal or perverted, actual or simulated, including without limitation, vaginal intercourse between a male and a female, and anal intercourse, fellatio and cunnilingus between persons regardless of sex.
B. Masturbation, excretory functions and lewd exhibition of the genitals.
C. The actual or simulated infliction of pain by one individual upon another, or by an individual upon himself, for the purpose of the sexual gratification or release of either individual, as a result of flagellation, beating, striking or touching of an erogenous zone, including without limitation the thigh, genitals, buttock, pubic region, or, if such person is a female, a breast.
D. Ultimate sexual acts, actual or simulated, between a human being and an animal.
(g) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(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) "Juvenile" means an unmarried person under the age of eighteen.
(j) "Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record or tape, or other tangible thing capable of arousing interest through sight, sound or touch.
(k) "Performance" means any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed before an audience.
(ORC 2907.01)
(a) An owner or manager, or his agent or employee, of a bookstore, newsstand, theater or other commercial establishment engaged in selling materials or exhibiting performances, who, in the course of business:
(1) Possesses five or more identical or substantially similar obscene articles, having knowledge of their character, is presumed to possess them in violation of Section 533.12(a)(5).
(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 jurisdiction in which the person to whom the notice is directed does business. 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) Sections 533.11 and 533.12 do not apply to a motion picture operator or projectionist acting within the scope of his employment as an employee of the owner or manager of a theater or other place for the showing of motion pictures to the general public, and having no managerial responsibility or financial interest in his place of employment other than wages.
(ORC 2907.35)
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