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(a) Procuring. No person, knowingly and for gain, shall do either of the following:
(1) A. Entice or solicit another to patronize a prostitute or brothel;
B. Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose of patronizing a prostitute.
(2) No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be used for the purpose of engaging in sexual activity for hire.
(3) Whoever violates subsection (a)(1)A. or B. of this section is guilty of procuring. Except as otherwise provided in this subsection (c), procuring is a misdemeanor of the first degree. If the prostitute who is procured, patronized or otherwise involved in a violation of subsection (a)(1)B. of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(1)B. of this section knows the prostitute’s age, or if a prostitute who engages in sexual activity for hire in premises used in violation of subsection (a)(2) of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(2) of this section knows the prostitute’s age, procuring is a felony and shall be prosecuted under appropriate state law.
(b) Engagement in Sexual Activity for Hire.
(1) As used in this subsection (b) of this section:
A. “Person with a developmental disability” has the same meaning as in Ohio R.C. 2905.32.
B. “Sexual activity for hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.
(2) No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person.
(3) No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person if the other person is a person with a developmental disability and the offender knows or has reasonable cause to believe that the other person is a person with a developmental disability.
(4) Whoever violates subsection (b)(2) of this section is guilty of engaging in prostitution, a misdemeanor of the first degree. Whoever violates subsection (b)(3) of this section is guilty of engaging in prostitution with a person with a developmental disability, a felony to be prosecuted under appropriate state law. In sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court shall require the offender to attend an education or treatment program aimed at preventing persons from inducing, enticing, or procuring another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person. Notwithstanding the fine specified in Ohio R.C. 2929.28(A)(2)(a) for a misdemeanor of the first degree, in sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court may impose upon the offender a fine of not more than one thousand five hundred dollars ($1,500).
(ORC 2907.231)
(a) No person shall knowingly solicit another to engage in sexual activity for hire in exchange for the person receiving anything of value from the other person.
(b) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
(c) As used in subsection (a) of this section, “Sexual Activity for Hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any
person associated with either such person.
(d) (1) Whoever violates subsection (a) of this section is guilty of soliciting. Soliciting is a misdemeanor of the third degree.
(2) Whoever violates subsection (b) of this section is guilty of engaging in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law. (ORC 2907.24)
(a) No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:
(1) Beckon to, stop or attempt to stop another;
(2) Engage or attempt to engage another in conversation;
(3) Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;
(4) If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;
(5) Interfere with the free passage of another.
(b) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
(c) As used in subsection (a) of this section:
(1) “Public Place”. Means any of the following:
A. A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot or transportation facility.
B. A doorway or entrance way to a building that fronts on a place described in subsection (c)(1)A. of this definition.
C. A place not described in subsection (c)(1)A. or B. of this definition that is open to the public.
(2) “Vehicle”. Has the same meaning as in Ohio R.C. 4501.01.
(d) (1) Whoever violates subsection (a) of this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.
(2) Whoever violates subsection (b) of this section is guilty of loitering to engage in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law.
(ORC 2907.24, 2907.241)
(a) No person shall engage in sexual activity for hire.
(b) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in sexual activity for hire.
(c) (1) Whoever violates subsection (a) of this section is guilty of prostitution, a misdemeanor of the third degree.
(2) Whoever violates subsection (b) of this section is guilty of engaging in prostitution after a positive HIV test, a felony to be prosecuted under appropriate state law.
(ORC 2907.25)
(a) No person, with knowledge of its character or content, shall recklessly do any of the following:
(1) Directly sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
(2) Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
(3) While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile to review or peruse any material or view any live performance that is harmful to juveniles.
(b) The following are affirmative defenses to a charge under this section, that involves material or a performance that is harmful to juveniles but not obscene:
(1) The defendant is the parent, guardian or spouse of the juvenile involved.
(2) The juvenile involved, at the time of the conduct in question, was accompanied by the juvenile’s parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
(3) The juvenile exhibited to the defendant or the defendant’s agent or employee a draft card, driver's license, birth certificate, marriage license, or other official or apparently official document purporting to show that the juvenile was eighteen years of age or over or married, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of eighteen and unmarried.
(c) (1) It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or harmful to juveniles, that the material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(2) Except as provided in subsection (b)(3) hereof, mistake of age is not a defense to a charge under this section.
(d) (1) A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents, or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present material or a performance to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section by means of an electronic method of remotely transmitting information if the person knows or has reason to believe that the person receiving the information is a juvenile or the group of persons receiving the information are juveniles.
(2) A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or performance in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section if either of the following applies:
A. The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.
B. The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.
(e) If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
(f) Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance involved is harmful to juveniles, except as otherwise provided in this subsection, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, a violation of this section is a felony and shall be prosecuted under appropriate State law.
(ORC 2907.31)
(ORC 2907.31)
(a) No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles shall do either of the following:
(1) Falsely represent that he is the parent, guardian or spouse of such juvenile;
(2) Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married.
(b) No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
(1) Falsely represent that he is eighteen years of age or over or married;
(2) Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.
(c) Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as may be appropriate under Ohio R.C. Chapter 2151.
(ORC 2907.33)
(ORC 2907.33)
(a) No person who has custody, control or supervision of a commercial establishment, with knowledge of the character or content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.
(b) It is not a violation of subsection (a) hereof if the material in question is displayed by placing it behind "blinder racks" or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.
(c) Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree. Each day during which the offender is in violation of this section constitutes a separate offense.
(ORC 2907.311)
(ORC 2907.311)
(a) No person shall knowingly or intentionally in an adult cabaret:
(1) Engage in sexual intercourse;
(2) Appear in a state of nudity in view of others;
(3) Fondle his or her own genitals in the view of others; or
(4) Fondle the genitals of another person, or permit another person to fondle his or her genitals.
(b) No employee of an adult cabaret shall, while such employee is in a state of semi- nudity, knowingly or intentionally: (i) initiate any physical contact with a customer of such adult cabaret or (ii) permit a customer of such adult cabaret to have any physical contact with such employee. No customer of an adult cabaret shall knowingly or intentionally: (iii) initiate any physical contact with an employee of an adult cabaret while such employee is in a state of semi- nudity or (iv) permit an employee of an adult cabaret, while such employee is in a state of semi- nudity, to have any physical contact with such customer. This subsection (b) shall not prohibit an employee or a customer from taking such action as necessary to repel physical contact; nor shall this subsection (b) prohibit an employee or customer from initiating or permitting such contact as is necessary to protect the health or safety of any person.
(c) Any employee appearing on the premises of an adult cabaret in a state of semi- nudity must be on a stage that is:
(1) At least twenty-four (24") above floor level, and
(2) Removed at least six feet (6') from the nearest other employee and/or customer
(d) No person shall be an employee at an adult cabaret:
(1) Who is not at least eighteen (18) year of age;
(2) Who, within the past three (3) years, has been convicted of a felony; or
(3) Who, within the past three (3) years, has been convicted of prostitution, pandering obscenity, violation of this section, or other crime of a sexual nature.
(e) No person under the age of eighteen (18) years shall be permitted on the premises of an adult cabaret. To ensure that there is no violation of this subsection, there shall at all times during the hours that such adult cabaret is open for business be stationed at each entrance to the adult cabaret an employee who shall require of each person seeking admittance two identification documents. At least one of the identification documents must be either a current driver’s license or state-issued identification card, and in either case must contain the full name, birth date and photograph of the holder.
(f) No person who operates an adult cabaret shall intentionally, knowingly or recklessly violate or permit a violation of any provisions of subsections (a), (b), (c), (d) or (e) hereof. As used herein, a person shall be deemed to “operate” an adult cabaret if such person manages, controls or holds primary responsibility for the operation of such adult cabaret.
(g) As used in this section, “adult cabaret” means a commercial establishment that features persons who appear in a state of semi-nudity and which is intended to arouse or gratify the sexual desires of the operator, entertainer, employee or customer, including exotic dancers, strippers, male or female impersonators, or semi-nude waiters, waitresses or bartenders, or similar entertainers.
(h) As used in this section, “employee” means a person who performs any service or work on the premises of an adult cabaret, including but not limited to providing entertainment, performing work of a management or supervisory nature, or performing support functions, on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not such person is paid a salary, wage or other compensation by the operator of such business. “Employee” does not include a person on the premises exclusively for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
(i) As used in this section, “nude” or “nudity” means exposing to view the human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast below a point immediately above the top of the areola with less than a fully opaque covering of the areola and nipple, or the showing of the covered male genitals in a discernibly turgid state. “Covering” means clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to stimulate the appearance of the anatomical area beneath it.
(j) As used in this section, “semi-nude” or “semi-nudity” means exposing to view, with less than a fully opaque covering, any portion of the human female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other clothing, provided that the areola is not exposed in whole or in part.
(k) Whoever violates any provision of this section is guilty of a misdemeanor of the third degree, and shall be subject to the penalty provided in Section 501.99.
(Ord. 2000-20. Passed 6-5-00.)
(a) No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
(b) Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
(c) Nothing in this section prevents the legislative authority of a municipal corporation or township from enacting any regulation of the advertising of massage further than and in addition to the provisions of subsections (a) and (b) of this section.
(ORC 2927.17)
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