|
91 Obscenity and Sex Offenses 533.11
<br />533.10 PROSTITUTION.
<br />(a) No person shall engage in sexual activity for hire.
<br />(b) Whoever violates this section is guilty of prostitution, a misdemeanor of the third
<br />degree. (ORC 2907.25)
<br />533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
<br />(a) No person, with knowledge of its character or content, shall recklessly do any of
<br />the following:
<br />(1) Directly sell, deliver, furnish, disseminate, provide, exhibit, rent or present
<br />to a juvenile, a group of juveniles, a law enforcement officer posing as a
<br />juvenile, or a group of law enforcement officers posing. as juveniles any
<br />material or performance that is obscene or harmful to juveniles;
<br />(2) Directly offer or agree to sell, deliver, furnish, disseminate, provide,
<br />exhibit, rent or present to a juvenile, a group of juveniles, a law
<br />enforcement officer posing as a juvenile., or a group of law enforcement
<br />officers posing as juveniles any material or performance that is obscene or
<br />harmful to juveniles;
<br />(3) While in the physical proximity of the juvenile or law enforcement officer
<br />posing as a juvenile, allow any juvenile or law enforcement officer posing
<br />as a juvenile to review or peruse any material or view any live performance
<br />that is harmful to juveniles.
<br />(b) The following are affirmative defenses to a charge under this section, that involves
<br />material or a performance that is harmful to juveniles but not obscene:
<br />(1) The defendant is the parent, guardian or spouse of the juvenile involved.
<br />(2) The juvenile involved, at the time of the conduct in question, was
<br />accompanied by the juvenile's parent or guazdian who, with knowledge of
<br />its character, consented to the material or performance .being furnished or
<br />presented to the juvenile.
<br />(3) The juvenile exhibited to the defendant or the defendant's agent or
<br />employee a draft card, driver's license, birth certificate, marriage license,
<br />or other official or apparently official document purporting to show that the
<br />juvenile was eighteen years of age or over or mazried, and the person to
<br />whom that document was exhibited did not otherwise have reasonable cause
<br />to believe that the juvenile was' under the age of eighteen and unmarried.
<br />(c) (1) It is an affirmative defense to a charge under this section, involving material
<br />or a performance that is obscene or harmful to juveniles, that the material
<br />or performance was furnished or presented for a bona fide medical,
<br />scientific, educational, governmental, judicial or other proper purpose, by
<br />a physician, psychologist, sociologist, scientist, teacher, . librarian,
<br />clergyman, prosecutor, judge or other proper person.
<br />. (2) Except as' provided in subsection (b)(3) hereof, mistake of age is not a
<br />defense to a chazge under this section.
<br />2003 Replacement
<br />
|