| (A) "Sexual conduct" means vaginal intercourse between a
male | 25 |
| and female; anal intercourse, fellatio, and
cunnilingus
between | 26 |
| persons regardless of sex; and, without privilege to do
so, the | 27 |
| insertion, however slight, of any part of the body or any | 28 |
|
instrument, apparatus, or other object
into the vaginal or anal | 29 |
|
cavity of another. Penetration, however slight, is
sufficient to | 30 |
|
complete vaginal or anal intercourse. | 31 |
| (F) When considered as a whole, and judged with reference
to | 56 |
|
ordinary adults or, if it is designed for sexual deviates or
other | 57 |
|
specially susceptible group, judged with reference to that
group, | 58 |
| any electronic communication provided or accessed through a | 59 |
| prepaid adult entertainment card,
any material, or any performance | 60 |
| is "obscene" if any of the
following
apply: | 61 |
| (5) It contains a series of displays or descriptions of | 75 |
|
sexual activity, masturbation, sexual excitement, nudity, | 76 |
|
bestiality, extreme or bizarre violence, cruelty, or brutality,
or | 77 |
|
human bodily functions of elimination, the cumulative effect
of | 78 |
|
which is a dominant tendency to appeal to prurient or
scatological | 79 |
|
interest, when the appeal to such an interest is
primarily for its | 80 |
|
own sake or for commercial exploitation, rather
than primarily for | 81 |
|
a genuine scientific, educational,
sociological, moral, or | 82 |
|
artistic purpose. | 83 |
| (H) "Nudity" means the showing, representation, or
depiction | 86 |
|
of human male or female genitals, pubic area, or
buttocks with | 87 |
|
less than a full, opaque covering, or of a female
breast with less | 88 |
|
than a full, opaque covering of any portion
thereof below the top | 89 |
|
of the nipple, or of covered male genitals
in a discernibly turgid | 90 |
|
state. | 91 |
| (J) "Material" means
any book, magazine,
newspaper,
pamphlet, | 94 |
| poster, print, picture, figure, image,
description,
motion picture | 95 |
| film, phonographic record, or tape, or
other
tangible thing | 96 |
| capable of arousing interest through sight,
sound,
or touch
and | 97 |
| includes an image or text appearing on a
computer
monitor, | 98 |
|
television
screen, liquid crystal display, or
similar
display | 99 |
|
device or an image or text
recorded on a computer
hard
disk, | 100 |
| computer
floppy disk, compact
disk, magnetic tape, or
similar data | 101 |
|
storage
device. | 102 |
| (R) "Electronic communication" means any material, | 134 |
| performance, message, or information transferred, sent, posted, | 135 |
| published, disseminated, or otherwise communicated, any material, | 136 |
| performance, information, or data received, or any | 137 |
| telecommunication made, through the use of an electronic method of | 138 |
| remotely transferring information, including, but not limited to, | 139 |
| a computer, computer network, computer program, computer system, | 140 |
| or telecommunications device. | 141 |
| (1)
Directly sell, deliver, furnish, disseminate,
provide, | 148 |
| exhibit,
rent, or present to a juvenile, a
group of
juveniles, a | 149 |
| law enforcement officer
posing as a juvenile, or a
group of law | 150 |
| enforcement
officers posing as juveniles any material
or | 151 |
| performance that
is
obscene or harmful to juveniles; | 152 |
| (2)
Directly offer or agree to sell, deliver, furnish, | 153 |
|
disseminate,
provide, exhibit, rent, or present to a
juvenile, a | 154 |
|
group of juveniles, a law
enforcement officer posing as a | 155 |
|
juvenile, or a group of
law enforcement officers posing as | 156 |
|
juveniles any material or
performance that is obscene or harmful | 157 |
|
to juveniles; | 158 |
| (4) Directly sell, deliver, furnish, disseminate, provide, | 164 |
| exhibit, rent, or present a prepaid adult entertainment card to a | 165 |
| juvenile, a group of juveniles, a law enforcement officer posing | 166 |
| as a juvenile, or a group of law enforcement officers posing as | 167 |
| juveniles, or directly offer or agree to do so. | 168 |
| (b) Regarding a charge under division (A)(4) of this section, | 182 |
| the parent or guardian so accompanying the juvenile, with | 183 |
| knowledge of the purpose for which the card may be used, consented | 184 |
| to the prepaid adult entertainment card being sold, delivered, | 185 |
| furnished, disseminated, provided, exhibited, rented, or | 186 |
| presented, or being offered or agreed to be sold, delivered, | 187 |
| furnished, disseminated, provided, exhibited, rented, or | 188 |
| presented, to the juvenile. | 189 |
| (3) The juvenile involved exhibited to the defendant or to | 190 |
| the
defendant's
agent
or employee a draft card, driver's license, | 191 |
|
birth record,
marriage license, or other official or apparently | 192 |
|
official
document purporting to show that the juvenile was | 193 |
|
eighteen years
of age or over or married, and the person to whom | 194 |
|
that document
was exhibited did not otherwise have reasonable | 195 |
|
cause to believe
that the juvenile was under the age of eighteen | 196 |
|
and unmarried. | 197 |
| (C)(1) It is an affirmative defense to a charge under | 198 |
division (A)(1), (2), or (3) of this
section, involving material | 199 |
| or a performance that is obscene or
harmful to juveniles, or to a | 200 |
| charge under division (A)(4) of this section, that the material or | 201 |
| performance involved in the violation of division (A)(1), (2), or | 202 |
| (3) of this section or the prepaid adult entertainment card | 203 |
| involved in the violation of division (A)(4) of this section was | 204 |
|
furnished or presented for a bona fide medical, scientific, | 205 |
|
educational, governmental, judicial, or other proper purpose, by
a | 206 |
|
physician, psychologist, sociologist, scientist, teacher, | 207 |
|
librarian, clergyman, prosecutor, judge, or other proper person. | 208 |
| (D)(1) A person directly sells, delivers, furnishes, | 212 |
|
disseminates, provides, exhibits, rents, or presents or directly | 213 |
|
offers or agrees to sell, deliver, furnish, disseminate, provide, | 214 |
exhibit, rent, or present material or, a performance, or a prepaid | 215 |
| adult entertainment card to a
juvenile,
a group of juveniles, a | 216 |
| law
enforcement officer posing as a
juvenile, or a group of
law | 217 |
| enforcement officers posing as
juveniles in violation of division | 218 |
| (A) of this
section by means of an electronic
method of remotely | 219 |
| transmitting information if the
person knows or
has reason to | 220 |
| believe that the person receiving
the information is
a
juvenile or | 221 |
| the group of persons receiving
the information are
juveniles. | 222 |
|
(2) A person remotely transmitting information by means
of a | 223 |
|
method of mass distribution does not directly sell, deliver, | 224 |
|
furnish, disseminate, provide, exhibit, rent, or present or | 225 |
|
directly offer or agree to sell, deliver, furnish, disseminate, | 226 |
provide, exhibit, rent, or present the material or, performance, | 227 |
| or card in
question to a juvenile, a group of juveniles,
a law | 228 |
| enforcement
officer posing as a juvenile, or a group of law | 229 |
| enforcement
officers posing as juveniles in
violation of division | 230 |
| (A) of this section if
either of the following applies: | 231 |
| (1) Disseminating matter harmful to juveniles committed in | 247 |
| violation of division (A)(1), (2), or (3) of this section shall be | 248 |
| punished as provided in this division. If the material or | 249 |
|
performance
involved is harmful to juveniles, except
as otherwise | 250 |
provided in
this division, adisseminating matter harmful to | 251 |
| juveniles committed in
violation of division (A)(1), (2), or (3) | 252 |
| of this section is a
misdemeanor of the
first degree.
If the | 253 |
| material or performance
involved is obscene,
except as otherwise | 254 |
provided in this
division, adisseminating matter harmful to | 255 |
| juveniles committed in violation of division (A)(1), (2), or (3) | 256 |
| of this
section is a felony of
the fifth
degree. If the material | 257 |
| or
performance involved is
obscene and
the juvenile to whom it is | 258 |
|
sold, delivered,
furnished,
disseminated, provided, exhibited, | 259 |
|
rented, or
presented, the
juvenile to whom the offer is made or | 260 |
|
who is the
subject of the
agreement, or the juvenile who is | 261 |
|
allowed to
review, peruse, or
view it is under thirteen years of | 262 |
|
age, disseminating matter harmful to juveniles committed in | 263 |
|
violation of division (A)(1), (2), or (3) of this section
is a | 264 |
| felony of the fourth degree. | 265 |
| (2) Disseminating matter harmful to juveniles committed in | 266 |
| violation of division (A)(4) of this section shall be punished as | 267 |
| provided in this division. Except as otherwise provided in this | 268 |
| division, disseminating matter harmful to juveniles committed in | 269 |
| violation of division (A)(4) of this section is a misdemeanor of | 270 |
| the first degree. If the juvenile to whom the prepaid | 271 |
| entertainment card is sold, delivered, furnished, disseminated, | 272 |
| provided, exhibited, rented, or presented, or the juvenile to whom | 273 |
| the offer is made or who is the subject of the agreement, is under | 274 |
| thirteen years of age, disseminating matter harmful to juveniles | 275 |
| committed in violation of division (A)(4) of this section is a | 276 |
| felony of the fifth degree. | 277 |
|
(3)
Adopt and enforce a policy prohibiting a juvenile from | 305 |
| borrowing from the library video material that is rated "R" by the | 306 |
| motion picture association of America or an equivalent rating | 307 |
| association unless a parent or guardian has given express | 308 |
| permission for the juvenile to borrow such material. If such | 309 |
| express permission is given by a parent or guardian to the | 310 |
| library, it shall be clearly noted on the library card or other | 311 |
| identification documentation that has been issued to the juvenile. | 312 |
| (C) If a board of library trustees of a library installs and | 313 |
| has operational a filtering device or filtering software on | 314 |
| computers located at the library in accordance with divisions | 315 |
| (B)(1) and (2) of this section, upon the request of any person who | 316 |
| wishes to use a computer located at the library for any bona fide | 317 |
| medical, scientific, educational, governmental, judicial, or other | 318 |
| proper purpose, any administrator, supervisor, or other official | 319 |
| or employee of the library may disable or override the device or | 320 |
| software on a particular computer to enable the person to have | 321 |
| full access to that computer for the bona fide medical, | 322 |
| scientific, educational, governmental, judicial, or other proper | 323 |
| purpose. | 324 |
| (D) Nothing in this section limits, restricts, or prohibits a | 325 |
| board of library trustees of a library, or any administrator, | 326 |
| supervisor, or other official or employee of a library, from | 327 |
| regulating, limiting, restricting, or prohibiting any person from | 328 |
| having access while at the library, on the internet or in any | 329 |
| other manner, to material other than material that is obscene or | 330 |
| harmful to juveniles. | 331 |
| (B)(1) Before the first day of June in each year, the board | 345 |
|
of trustees of a school library district entitled to participate | 346 |
|
in any appropriation or revenue of a school district or
to have a | 347 |
| tax proposed by the
board of education of a school district shall | 348 |
| file with the board
of education of the school district a tax | 349 |
| budget for the ensuing
fiscal year. On or before the fifteenth day | 350 |
| of July in each
year, the board of education of a school district | 351 |
| to which a
school library district tax budget was submitted under | 352 |
| this
division shall adopt such tax budget on behalf of the library | 353 |
|
district, but such budget shall not be part of the school | 354 |
|
district's tax budget. | 355 |
| (2)(a) The taxing authority of a taxing unit that does not | 356 |
| levy a
tax is not required to adopt a tax
budget pursuant to | 357 |
| division (A) of this section. Instead, on or
before the fifteenth | 358 |
| day of July each year, such taxing authority
shall adopt an | 359 |
| operating budget for the taxing unit for the ensuing fiscal
year. | 360 |
| The operating
budget shall include an estimate of receipts from | 361 |
| all sources, a statement of
all taxing unit expenses that are | 362 |
| anticipated to occur,
and the amount required for debt charges | 363 |
| during the fiscal year. The
operating budget is not
required to be | 364 |
| filed with the county auditor or the county budget commission. | 365 |
| (b) Except for this section and sections 5705.36, 5705.38, | 366 |
|
5705.40, 5705.41, 5705.43, 5705.44, and 5705.45 of the Revised | 367 |
|
Code, a taxing unit that does not
levy a tax is not a taxing unit | 368 |
| for purposes of Chapter 5705. of
the Revised Code. Documents | 369 |
| prepared in accordance
with such
sections are not required to be | 370 |
| filed with the county auditor or county
budget commission. | 371 |
| (C)(1) To assist in the preparation of the tax budget, the | 377 |
|
head of each department, board, commission, and district
authority | 378 |
| entitled to participate in any appropriation or revenue
of a | 379 |
| subdivision shall file with the taxing authority, or in the
case | 380 |
| of a municipal corporation, with its chief executive
officer, | 381 |
| before the forty-fifth day prior to the date on which
the budget | 382 |
| must be adopted, an estimate of contemplated revenue
and | 383 |
| expenditures for the ensuing fiscal year, in such form as is | 384 |
|
prescribed by the taxing authority of the subdivision or by the | 385 |
|
auditor of state. The taxing authority shall include in its
budget | 386 |
| of expenditures the full amounts requested by district | 387 |
|
authorities, not to exceed the amount authorized by law, if such | 388 |
|
authorities may fix the amount of revenue they are to receive
from | 389 |
| the subdivision. In a municipal corporation in which a
special | 390 |
| levy for a municipal university has been authorized to be
levied | 391 |
| in excess of the ten-mill limitation, or is required by
the | 392 |
| charter of the municipal corporation, the taxing authority
shall | 393 |
| include an amount not less than the estimated yield of such
levy, | 394 |
| if such amount is requested by the board of directors of
the | 395 |
| municipal university. | 396 |
| (2) A county board of mental retardation and developmental | 397 |
|
disabilities may include within its estimate of contemplated | 398 |
|
revenue and expenditures a reserve balance account in the | 399 |
|
community mental retardation and developmental disabilities | 400 |
|
residential services fund. The account shall contain money that
is | 401 |
| not needed to pay for current expenses for residential
services | 402 |
| and supported living but will be needed to pay for
expenses for | 403 |
| such services in the future or may be needed for
unanticipated | 404 |
| emergency expenses. On the request of the county
board of mental | 405 |
| retardation and developmental disabilities, the
board of county | 406 |
| commissioners shall include such an account in
its budget of | 407 |
| expenditures and appropriate money to the account
from residential | 408 |
| service moneys for the county board. | 409 |
| (D) The board of trustees of any public library desiring
to | 410 |
| participate in the distribution of the county library and
local | 411 |
| government support fund shall adopt appropriate rules
extending | 412 |
| the benefits of the library service of such library to
all the | 413 |
| inhabitants of the county on equal terms, unless such
library | 414 |
| service is by law available to all such inhabitants, and
shall | 415 |
| certify a copy of such rules to the taxing authority with
its | 416 |
| estimate of contemplated revenue and expenditures. Where
such | 417 |
| rules have been so certified or where the adoption of such
rules | 418 |
| is not required, the taxing authority shall include in its
budget | 419 |
| of receipts such amounts as are specified by such board as | 420 |
|
contemplated revenue from the county library and local government | 421 |
|
support fund, and in its budget of expenditures the full amounts | 422 |
|
requested therefrom by such board. No library association, | 423 |
|
incorporated or unincorporated, is entitled to participate in the | 424 |
|
proceeds of the county library and local government support fund | 425 |
|
or other public funds unless such association was organized and | 426 |
|
operating prior to January 1, 1968. | 427 |
| (E) In addition to the requirements of division (D) of this | 428 |
| section, the board of trustees of any public library desiring to | 429 |
| participate in the distribution of the county library and local | 430 |
| government support fund shall submit an affidavit to the county | 431 |
| budget commission stating that the library has complied with and | 432 |
| will continue to comply with division (B) of section 3375.351 of | 433 |
| the Revised Code. The county budget commission shall not allocate | 434 |
| money from the county library and local government support fund to | 435 |
| the board of trustees of any public library unless it has received | 436 |
| such an affidavit from that board. | 437 |