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(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) As used in this section:
(1) ALLEGED JUVENILE OFFENDER. Has the same meaning as in R.C. § 2930.01.
(2) PEACE OFFICER has the same meaning as in Ohio R.C. 2921.51.
(3) POLYGRAPH EXAMINATION means 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 means 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 Ohio R.C. 2935.01.
(6) PUBLIC OFFICIAL has the same meaning as in Ohio R.C. 117.01.
(7) SEX OFFENSE means a violation of any provision of Sections 666.02 to 666.05 or Ohio R.C. 2907.02 to 2907.09.
(ORC 2907.10)
(a) Procuring.
(1) No person, knowingly and for gain, shall do either of the following:
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 the other's 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 the premises to be used for the purpose of engaging in sexual activity for hire.
(3) Whoever violates division (a)(1)A. or (a)(1)B. of this section is guilty of procuring. Except as otherwise provided in this division, procuring is a misdemeanor of the first degree. If the prostitute who is procured, patronized, or otherwise involved in a violation of division (a)(1)B. of this section is under 18 years of age at the time of the violation, regardless of whether the offender who violates division (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 division (a)(2) of this section is under 18 years of age at the time of the violation, regardless of whether the offender who violates division (a)(2) of this section knows the prostitute's age, procuring is a felony to be prosecuted under appropriate state law.
(R.C. § 2907.23)
(b) Engagement in sexual activity for hire.
(1) As used in this division (b):
A. PERSON WITH A DEVELOPMENTAL DISABILITY. Has the same meaning as in R.C. § 2905.32.
B. SEXUAL ACTIVITY FOR HIRE. 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 division (B)(2) of this section is guilty of engaging in prostitution, a misdemeanor of the first degree. Whoever violates division (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 the offender under this division, 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 and, notwithstanding the fine specified in R.C. § 2929.28(A)(2)(a) for a misdemeanor of the first degree, the court may impose upon the offender a fine of not more than $1,500.
(R.C. § 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 division (a) of this section.
(c) As used in division (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 division (a) of this section is guilty of soliciting. Soliciting is a misdemeanor of the third degree.
(2) Whoever violates division (b) of this section is guilty of engaging in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law.
(R.C. § 2907.24)
Statutory reference:
Testing offenders for venereal disease and AIDS, see R.C. § 2907.27
(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 division (a) of this section.
(c) As used in division (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 division (1)A. of this definition.
C. A place not described in division (1)A. or (1)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 division (a) of this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.
(2) Whoever violates division (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.
(R.C. § 2907.241)
Statutory reference:
Testing offenders for venereal disease and AIDS, see Ohio R.C. 2907.27
(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 division (a) of this section is guilty of prostitution, a misdemeanor of the third degree.
(2) Whoever violates division (b) of this section is guilty of engaging in prostitution after a positive HIV test, a felony to be prosecuted under appropriate state law.
(R.C. § 2907.25)
Statutory reference:
Testing offenders for venereal disease and AIDS, see Ohio R.C. 2907.27
(a) In any case in which it is necessary to prove that a place is a brothel, evidence as to the reputation of such place and as to the reputation of the persons who inhabit or frequent it is admissible on the question of whether such place is or is not a brothel.
(b) In any case in which it is necessary to prove that a person is a prostitute, evidence as to the reputation of such person is admissible on the question of whether such person is or is not a prostitute.
(c) In any prosecution for a violation of §§ 666.07 to 666.09, proof of a prior conviction of the accused of any such offense or substantially equivalent offense is admissible in support of the charge.
(d) The prohibition contained in Ohio R.C. 2317.02(D) against testimony by a husband or wife concerning communications between them does not apply, and the accused’s spouse may testify concerning any such communication in any of the following cases:
(1) When the husband or wife is charged with a violation of Section 666.07 and the spouse testifying was the prostitute involved in the offense or the person who used the offender’s premises to engage in sexual activity for hire;
(2) When the husband or wife is charged with a violation of Section 666.08 or Section 666.09.
(ORC 2907.26)
(a) No person, with knowledge of its character or content, shall recklessly do any of following:
(1) Directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present to a juvenile any material or performance that is obscene or harmful to juveniles;
(2) 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 his or her 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 his or her agent or employee a draft card, driver’s license, birth record, marriage license, or other official or apparently official document purporting to show that the juvenile was 18 years of age or over or married, and the person to whom the document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of 18 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, clergy, prosecutor, judge, or other proper person.
(2) Except as provided in division (b)(3) of this section, 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) 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 division, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, violation of this section is a felony to be prosecuted under appropriate State law.
(ORC 2907.31)
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