Ohio Revised Code Search

...hird degree. (D)(1) In any prosecution under this section, it is not a defense that the offender did not know the age of the person depicted in the advertisement, relied on an oral or written representation of the age of the person depicted in the advertisement, or relied on the apparent age of the person depicted in the advertisement. (2) In any prosecution under this section, it is an affirmative defense th...

...r division (A)(1) of this section, the element "compel" does not require that the compulsion be openly displayed or physically exerted. The element "compel" has been established if the state proves that the offender overcame the victim's will by force, fear, duress, or intimidation, by furnishing or offering a controlled substance to the victim, or by manipulating the victim's controlled substance addiction. (C) Wh...

...lation of a law of another state or the United States. (c) The offender also is convicted of or pleads guilty to a violation of section 2925.03 of the Revised Code. (3) If the offender previously has been convicted of or pleaded guilty to two or more violations of this section or two or more substantially similar violations of a law of another state or the United States, promoting prostitution is a felony of the ...

...ge at the time of the violation, regardless of whether the offender who violates division (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 division (B) of this section is under sixteen years of age at the time of the violation, regardless of whether the offender who violates division (B) of this section knows the pros...

...third degree. In sentencing an offender under this division for a violation of division (B) or (C) 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 ...

...rier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of division (A) of this section. (C)(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. If the offender commits the violation pr...

...rier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of division (A) of this section. (C) As used in this section: (1) "Vehicle" has the same meaning as in section 4501.01 of the Revised Code. (2) "Public place" means any of the following: (a) A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking l...

...rier 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. If the offender commits the violation prior to July 1, 1996, engaging in prostitut...

...ony 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 2907.21 of the Revised Code, and the spouse testifying was the victim of the offense; (2) When the husband or wife is charged with a violation of section 2907.22 of th...

... ordinance that is substantially equivalent to any of those sections, the arresting authorities or a court, upon the request of the prosecutor in the case or upon the request of the victim, shall cause the accused to submit to one or more appropriate tests to determine if the accused has a venereal disease. (2) If the accused is found to have a venereal disease in an infectious stage, the accused shall be required...

...athering physical evidence for a possible prosecution, including the cost of any antibiotics administered as part of the examination and the cost of HIV post-exposure prophylaxis provided as part of the examination, shall be paid out of the reparations fund established pursuant to section 2743.191 of the Revised Code, subject to the following conditions: (1) The hospital or emergency facility shall follow a ...

...lish procedures for gathering evidence under this section. Each reported victim shall be informed of available venereal disease, pregnancy, medical, and psychiatric services. Notwithstanding any other provision of law, a minor may consent to examination under this section. The consent is not subject to disaffirmance because of minority, and consent of the parent, parents, or guardian of the minor is not requi...

... to engage in sexual activity has a communicable disease, the law enforcement agency that arrested the person or the court immediately shall notify the victim of the nature of the disease. (C) As used in this section, "crisis intervention training" has the same meaning as in section 109.71 of the Revised Code.

...ng 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 perfo...

...stion 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.

...t is an affirmative defense to a charge under this section, that the material or performance involved was disseminated or presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge, or other person havin...

...ake of age is not a defense to a charge under this section. (3) In a prosecution under this section, the trier of fact may infer that a person in the material or performance involved is a minor or impaired person if the material or performance, through its title, text, visual representation, or otherwise, represents or depicts the person as a minor or impaired person. (C) Whoever violates this section is guilty of...

...ake of age is not a defense to a charge under this section. (3) In a prosecution under this section, the trier of fact may infer that a person in the material or performance involved is a minor or impaired person if the material or performance, through its title, text, visual representation, or otherwise, represents or depicts the person as a minor or impaired person. (C) Whoever violates this section is guilty of...

...d to be brought into this state, or presented for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance; (b) The mino...

...B) of this section shall be adjudged an unruly child, with such disposition of the case as may be appropriate under Chapter 2151. of the Revised Code.

...dition to the sale, allocation, consignment, or delivery of any material or goods of any kind, shall require the purchaser or consignee to accept any other material reasonably believed to be obscene, or which if furnished or presented to a juvenile would be in violation of section 2907.31 of the Revised Code. (B) No person shall deny or threaten to deny any franchise or impose or threaten to impose any financial or ...

...f 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) Division (D)(1) of this section does not apply to a person ...

...imitation on the persons otherwise entitled to bring an action for a declaratory judgment pursuant to Chapter 2721. of the Revised Code, involving the same issue, the following persons have standing to bring a declaratory judgment action to determine whether particular materials or performances are obscene or harmful to juveniles: (1) The chief legal officer of the jurisdiction in which there is reasonable cause to ...

...ut to take place may bring an action to enjoin the violation. The defendant, upon his request, is entitled to trial on the merits within five days after joinder of the issues, and the court shall render judgment within five days after trial is concluded. (B) Premises used or occupied for repeated violations of section 2907.31 or 2907.32 of the Revised Code constitute a nuisance subject to abatement pursuant to sect...

...r performances depicting sexual conduct unless both of the following apply: (1) The inside of each booth, stall, or partitioned room is visible from, and at least one side of each booth, stall, or partitioned room is open to, a continuous and contiguous main aisle or hallway that is open to the public areas of the commercial establishment and is not obscured by any curtain, door, or other covering or enclosure. (2)...