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533.03 GENERAL OFFENSES CODE 88 (d) (1) Sections 533.11,. 533.13(a) and 533.15 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) 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, 533.13 or 533.15, or who knowingly advertises the availability of material of that nature. (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, 533.13 or 533.15, 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. (e) An employer is not guilty of a violation of Section 533.11, 533.13, or 533.'15 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) With knowledge of the employee's or agent's conduct, the employer authorizes or ratifies the conduct. (2) The employer recklessly. disregards the employee's or agent's conduct. (f) It is an affirmative defense to a charge under Section 533.11 or 533.15 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. (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. (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. (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) 2003 Replacement