1998 022 Ordinance - Laserfiche WebLink

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(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) 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 performance being furnished or presented to the juvenile. (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. (c) (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) Except as provided in subsection (b)(3) hereof, mistake of age is not a defense to a charge under this section. (d) Whoever violates this section is guilty of disseminating matter harmful to juveniles, a misdemeanor of the first degree. If the material or performance involved is obscene, disseminating material harmful to juveniles is a felony and shall be prosecuted under appropriate State law. (ORC 2907.31) 533.12 PANDERING OBSCENITY. (EDITOR'S NOTE: This section was repealed by Ordinance 96-26, passed August 5, 1996. ) 533.13 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES. (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) Falsely represent that he is the parent, guardian or spouse of such juvenile; (2) Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married. 1998 Replacement