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87 Obscenity and Sex Offenses 533.02 (1) "Sexually oriented material" means any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality. (m) "Nudity oriented material" means any material that shows a minor in a state of nudity and that, taken as a whole by the average person applying contemporary community standards, appeals to prurient interest. (n) "Person" means any individual, corporation, company, business, partnership, association, establishment or other legal entity of any kind. (o) "Knowledge of character" means having general knowledge or reason to know; or a belief or ground for belief which warrants further inspection or inquiry, of the nature and character of the material or performance involved. A person has such knowledge when he or she knows or is aware that the material or performance contains, depicts or describes sexually explicit nudity, sexual activity, sadomasochistic sexual abuse or lewd exhibition of the genitals, whichever is applicable, whether or not such person has precise knowledge of its specific contents thereof. Such knowledge may be proven by direct or circumstantial evidence, or both. (Ord. 85-21. Passed 1-20-86.) (p) "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) When the parties have entered into a written separation agreement authorized by Ohio R.C. 3103.06; (2) During the pendency of an action between the parties for annulment, divorce, dissolution of marriage or alimony; (3) In the case of an action for alimony, after the effective date of the judgrrient for alimony. (q) "Minor" means a person under the age of eighteen years. (ORC 2907.01) 533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE, (a) An owner or manager, or his agent or employee, of a bookstore, newsstand, theater or other commercial establishment engaged in selling materials or exhibiting performances, who, in the course of business: (1) Possesses five or more identical or substantially similar obscene articles, having knowledge of their character, is presumed to possess them in violation of Section 533, 12(a)(5). (2) Does any of the acts prohibited by Section 533.11 or 533.12 is presumed to have knowledge of the character of the material or performance involved, if he has actual notice of the nature of such material or performance, whether or not he has precise knowledge of its contents. (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. (c) Sections 533.11 and 533.12 do not apply to a motion picture operator or projectionist acting within the scope of his 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 his place of employment other than wages. (ORC 2907.35) 1990 Replacement