Chapter 533: Obscenity and Sex Offenses

Sections

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

533.01   Definitions

As used in this chapter:

  1. (a) “Sexual conduct” means 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.

  2. (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.

  3. (c) “Sexual activity” means sexual conduct or sexual contact, or both.

  4. (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.

  5. (e) “Harmful to juveniles” means 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. (1) The material or performance, when considered as a whole, appeals to the prurient interest of juveniles in sex.

    2. (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.

    3. (3) The material or performance, when considered as a whole, lacks serious literary, artistic, political and scientific value for juveniles.

  6. (f) 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 such group, any material or performance is “obscene” if any of the following apply:

    1. (1) Its dominant appeal is to prurient interest;

    2. (2) Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement or nudity in a way which tends to represent human beings as mere objects of sexual appetite;

    3. (3) Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty or brutality;

    4. (4) Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way which inspires disgust or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral or artistic purpose;

    5. (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 interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral or artistic purpose.

  7. (g) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

  8. (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.

  9. (i) “Juvenile” means an unmarried person under the age of eighteen.

  10. (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 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.

  11. (k) “Performance” means any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed before an audience.

  12. (l) “Spouse” means a person married to an offender at the time of an alleged offense, except that such person shall not be considered the spouse when any of the following apply:

    1. (1) When the parties have entered into a written separation agreement authorized by Ohio R.C. 3103.06;

    2. (2) During the pendency of an action between the parties for annulment, divorce, dissolution of marriage or legal separation;

    3. (3) In the case of an action for legal separation, after the effective date of the judgment for legal separation.

  13. (m) “Minor” means a person under the age of eighteen years.

  14. (n) “Mental health client or patient” has the same meaning as in Ohio R.C. 2305.51.

  15. (o) “Mental health professional” has the same meaning as in Ohio R.C. 2305.115.

  16. (p) “Sado-masochistic abuse” means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained.
    (ORC 2907.01)

533.02   Presumption of knowledge; actual notice and defense

  1. (a) An owner or manager, or agent or employee of an owner or manager, of a bookstore, newsstand, theater, or other commercial establishment engaged in selling materials or exhibiting performances, who, in the course of business does any of the acts prohibited by Section 533.11, is presumed to have knowledge of the character of the material or performance involved, if the owner, manager, or agent or employee of the owner or manager has actual notice of the nature of such material or performance, whether or not the owner, manager, or agent or employee of the owner or manager has precise knowledge of its contents.

  2. (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.

  3. (c) Section 533.11 does not apply to a motion picture operator or projectionist acting within the scope of 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 the operator’s or projectionist’s place of employment, other than wages.

  4. (d)

    1. (1) Sections 533.11, 533.12(a) and 533.13 do not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection.

    2. (2) Subsection (d)(1) of this section does not apply to a person who conspires with an entity actively involved in the creation or knowing distribution of material in violation of Section 533.11, 533.12 or 533.13, or who knowingly advertises the availability of material of that nature.

    3. (3) Subsection (d)(1) of this section does not apply to a person who provides access or connection to an electronic method of remotely transferring information that is engaged in the violation of Section 533.11, 533.12 or 533.13, and that contains content that person has selected and introduced into the electronic method of remotely transferring information or content over which that person exercises editorial control.

  5. (e) An employer is not guilty of a violation of Section 533.11, 533.12, or 533.13 based on the actions of an employee or agent of the employer unless the employee’s or agent’s conduct is within the scope of employee’s or agent’s employment or agency, and the employer does either of the following:

    1. (1) With knowledge of the employee’s or agent’s conduct, the employer authorizes or ratifies the conduct.

    2. (2) The employer recklessly disregards the employee’s or agent’s conduct.

  6. (f) It is an affirmative defense to a charge under Section 533.11 or 533.13 as the section applies to an image transmitted through the internet or another electronic method of remotely transmitting information that the person charged with violating the section has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by juveniles to material that is harmful to juveniles, including any method that is feasible under available technology.

  7. (g) 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.
    (ORC 2907.35)

533.03   Unlawful sexual conduct with a minor

  1. (a) No person, who is eighteen 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 thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.

  2. (b) Whoever violates this section is guilty of unlawful sexual conduct with a minor, a misdemeanor of the first degree. If the offender is four years older or more than the other person, or if the offender has previously been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03 or 2907.04, or former Ohio R.C. 2907.12, unlawful sexual conduct with a minor is a felony and shall be prosecuted under appropriate State law.
    (ORC 2907.04)

533.04   Sexual imposition

  1. (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 persons to have sexual contact when any of the following applies:

    1. (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. (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. (3) The offender knows that the other person or one of the other persons submits because of being unaware of the sexual contact.

    4. (4) The other person or one of the other persons is thirteen years of age or older but less than sixteen 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.

    5. (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.

  2. (b) No person shall be convicted of a violation of this section solely upon the victim’s testimony unsupported by other evidence.

  3. (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 Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06 or former Section 2907.12, or a substantially similar 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 Ohio R.C. 2907.02, 2907.03, 2907.04 or 2907.05, 2907.06 or former Section 2907.12 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 Ohio R.C. 2929.24, the court may impose on the offender a definite jail term of not more than one year.
    (ORC 2907.06)

533.05   Importuning

(Editor’s note: Former Section 533.05 has been deleted from the Codified Ordinances. Section 533.05 was identical to Ohio R.C. 2907.07(B) which the Ohio Supreme Court held to be unconstitutional in State v. Thompson, 95 Ohio St. 3rd 264 (2002).)

533.06   Voyeurism

  1. (a) No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.

  2. (b) No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit trespass or otherwise surreptitiously invade the privacy of another to videotape, film, photograph, or otherwise record the other person in a state of nudity.

  3. (c) No person shall secretly or surreptitiously videotape, film, photograph, or otherwise record another person 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.

  4. (d)

    1. (1) Whoever violates this section is guilty of voyeurism.

    2. (2) A violation of subsection (a) hereof is a misdemeanor of the third degree.

    3. (3) A violation of subsection (b) hereof is a misdemeanor of the second degree.

    4. (4) A violation of subsection (c) hereof is a misdemeanor of the first degree.
      (ORC 2907.08)

533.07   Public indecency

  1. (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. (1) Expose the person’s private parts;

    2. (2) Engage in sexual conduct or masturbation;

    3. (3) Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.

  2. (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. (1) Engage in masturbation;

    2. (2) Engage in sexual conduct;

    3. (3) Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation;

    4. (4) Expose the person’s private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.

  3. (c)

    1. (1) Whoever violates this section is guilty of public indecency and shall be punished as provided in subsections (c)(2), (3), (4) and (5) of this section.

    2. (2) Except as otherwise provided in subsection (c)(2) of this section, a violation of subsection (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, a violation of subsection (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, a violation of subsection (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, a violation of subsection (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 which shall be prosecuted under appropriate state law.

    3. (3) Except as otherwise provided in subsection (c)(3) of this section, a violation of subsection (a)(2) or (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, a violation of subsection (a)(2) or (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, a violation of subsection (a)(2) or (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 which shall be prosecuted under appropriate state law.

    4. (4) Except as otherwise provided in subsection (c)(4) of this section, a violation of subsection (b)(1), (2) or (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, a violation of subsection (b)(1), (2) or (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, a violation of subsection (b)(1), (2) or (3) of this section is a felony and shall be prosecuted under appropriate state law.

    5. (5) A violation of subsection (b)(4) of this section is a misdemeanor of the first degree unless the offender previously has been convicted of or pleaded guilty to any violation of this section in which case the violation is a felony and shall be prosecuted under appropriate state law.

  4. (d)

    1. (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 subsection (b)(4) of this section:

      1. (A) The offender is less than ten years older than the other person.

      2. (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.

    2. (2) If the offender is convicted of or pleads guilty to a violation of subsection (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, 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 Ohio R.C. 2950.04, 2950.041, 2950.05 and 2950.06.
      (ORC 2907.09)

533.08   Procuring; engagement in sexual activity for hire

  1. (a) No person, knowingly and for gain, shall do either of the following:

    1. (1) Entice or solicit another to patronize a prostitute or brothel;

    2. (2) 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. (b) 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. (c) Whoever violates subsection (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)(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, or if a prostitute who engages in sexual activity for hire in premises used in violation of subsection (b) of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (b) of this section knows the prostitute’s age, procuring is a felony and shall be prosecuted under appropriate state law.

  4. (d) 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.

  5. (e) As used in subsection (d) 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.

  6. (f) Whoever violates subsection (d) of this section is guilty of engaging in prostitution, a misdemeanor of the first degree. In sentencing the offender under this subsection, 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 Ohio 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 one thousand five hundred dollars ($1,500).
    (ORC 2907.231)

533.09   Soliciting

  1. (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.

  2. (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.

  3. (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.

  4. (d)

    1. (1) Whoever violates subsection (a) of this section is guilty of soliciting. Soliciting is a misdemeanor of the third degree.

    2. (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)

533.091   Loitering to engage in solicitation

  1. (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. (1) Beckon to, stop or attempt to stop another;

    2. (2) Engage or attempt to engage another in conversation;

    3. (3) Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;

    4. (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. (5) Interfere with the free passage of another.

  2. (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.

  3. (c) As used in subsection (a) of this section:

    1. (1) “Public Place”. Means any of the following:

      1. (A) A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot or transportation facility.

      2. (B) A doorway or entrance way to a building that fronts on a place described in subsection (c)(1)A. of this definition.

      3. (C) A place not described in subsection (c)(1)A. or B. of this definition that is open to the public.

    2. (2) “Vehicle”. Has the same meaning as in Ohio R.C. 4501.01.

  4. (d)

    1. (1) Whoever violates subsection (a) of this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.

    2. (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)

533.10   Prostitution

  1. (a) No person shall engage in sexual activity for hire.

  2. (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.

  3. (c)

    1. (1) Whoever violates subsection (a) of this section is guilty of prostitution, a misdemeanor of the third degree.

    2. (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)

533.11   Disseminating matter harmful to juveniles

  1. (a) No person, with knowledge of its character or content, shall recklessly do any of the following:

    1. (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. (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. (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.

  2. (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. (1) The defendant is the parent, guardian or spouse of the juvenile involved.

    2. (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. (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.

  3. (c)

    1. (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. (2) Except as provided in subsection (b)(3) hereof, mistake of age is not a defense to a charge under this section.

  4. (d)

    1. (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. (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:

      1. (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.

      2. (B) The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.

  5. (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.

  6. (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)

533.12   Deception to obtain matter harmful to juveniles

  1. (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. (1) Falsely represent that he is the parent, guardian or spouse of such juvenile;

    2. (2) Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married.

  2. (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. (1) Falsely represent that he is eighteen years of age or over or married;

    2. (2) Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.

  3. (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)

533.13   Displaying matter harmful to juveniles

  1. (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.

  2. (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.

  3. (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)

533.14   Unlawful advertising of massage

  1. (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.

  2. (b) Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.

  3. (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)

533.15   Dissemination of private sexual images

  1. (a) As used in this section:

    1. (1) “Disseminate” means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.

    2. (2) “Image” means a photograph, film, videotape, digital recording or other depiction or portrayal of a person.

    3. (3) “Interactive computer service” has the meaning defined in the “Telecommunications Act of 1996”, 47 U.S.C. 230, as amended.

    4. (4) “Internet provider” means a provider of internet service, including all of the following:

      1. (A) Broadband service, however defined or classified by the federal communications commission;

      2. (B) Information service or telecommunication service, both as defined in the “Telecommunications Act of 1996” 47 U.S.C. 153, as amended.

      3. (C) Internet protocol-enabled services, as defined in Ohio R.C. 4927.01.

    5. (5) “Mobile service” and “telecommunications carrier” have the meanings defined in 47 U.S.C. 153, as amended.

    6. (6) “Cable service provider” has the same meaning as in Ohio R.C. 1332.01.

    7. (7) “Direct-to-home satellite service” has the meaning defined in 47 U.S.C. 303, as amended.

    8. (8) “Video service provider” has the same meaning as in Ohio R.C. 1332.21.

    9. (9) “Sexual act” means any of the following:

      1. (A) Sexual activity;

      2. (B) Masturbation;

      3. (C) An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;

      4. (D) Sado-masochistic abuse.

  2. (b) No person shall knowingly disseminate an image of another person if all of the following apply:

    1. (1) The person in the image is eighteen years of age or older;

    2. (2) The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.

    3. (3) The person in the image is in a state of nudity or is engaged in a sexual act;

    4. (4) The image is disseminated without consent from the person in the image;

    5. (5) The image is disseminated with intent to harm the person in the image.

  3. (c) This section does not prohibit the dissemination of an image if any of the following apply:

    1. (1) The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.

    2. (2) The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.

    3. (3) The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.

    4. (4) The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.

    5. (5) The image is disseminated for another lawful public purpose;

    6. (6) The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.

    7. (7) The image is disseminated for the purpose of medical treatment or examination.

  4. (d) The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:

    1. (1) A provider of interactive computer service;

    2. (2) A mobile service;

    3. (3) A telecommunications carrier;

    4. (4) An internet provider;

    5. (5) A cable service provider;

    6. (6) A direct-to-home satellite service;

    7. (7) A video service provider.

  5. (e) Any conduct that is a violation of this section and any other section of the General Offenses Code, or the Revised Code may be prosecuted under this section, the other section, or both sections.

  6. (f)

    1. (1)

      1. (A) Except as otherwise provided in subsection (f)(1)B., C., or D. of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.

      2. (B) If the offender previously has been convicted of or pleaded guilty to a violation of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.

      3. (C) If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.

      4. (D) If the offender is under eighteen years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.

    2. (2) In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under Ohio R.C. Chapter 2981.

      1. (A) Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;

      2. (B) Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.

  7. (g) A victim of a violation of this section may commence a civil cause of action against the offender, as described in Ohio R.C. 2307.66.
    (ORC 2917.211)

533.99   Penalty

(Editor’s note: See Section 501.99 for penalties applicable to any misdemeanor classification.)