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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)
(a) No person, eighteen years of age or older, shall engage in sexual conduct with another, not the spouse of the offender, when the offender knows such other person is over twelve but not over fifteen years of age, or the offender is reckless in that regard.
(b) Whoever violates this section is guilty of corrupting a minor, a misdemeanor of the first degree, if the offender is less than four years older than the other person.
(ORC 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 apply:
(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 over twelve but not over fifteen years of age, whether or not the offender knows the age of such person, and the offender is at least eighteen years of age and four or more years older than such other person.
(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 a violation of Section 533.03 or 533.04 of the Toledo Municipal Code, or of Section 2907.02, 2907.03, 2907.04, 2907.05 or 2907.06 of the Ohio Revised Code, a violation of this section is a misdemeanor of the first degree.
(ORC 2907.06; Ord. 297-97. Passed 5-13-97.
(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) Whoever violates this section is guilty of voyeurism, a misdemeanor of the third degree.
(ORC 2907.08)
(a) No person shall recklessly do any of the following, under circumstances in which his or her conduct is likely to be viewed by and affront others, not members of his or her household:
(1) Expose his or her private parts, or engage in masturbation;
(2) Engage in sexual conduct;
(3) Engage in conduct which to an ordinary observer would appear to be sexual conduct or masturbation.
(b) Whoever violates this section is guilty of public indecency, a misdemeanor of the fourth degree.
(ORC 2907.09)
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