SENATORS Austria, Harris, Jacobson, Jordan, Amstutz, Hottinger, Mumper, Spada

To amend sections 2907.01 and 2907.31 and to enact

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sections 3375.351 and 3375.352 of the Revised Code

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to expand the criminal offense of "disseminating

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matter harmful to juveniles" to also prohibit

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selling, providing, presenting, etc., a prepaid

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adult entertainment card to a juvenile; to

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prohibit public libraries from using state money

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or money from a county library and local

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government support fund for Internet access

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purposes unless they install specified types of

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filtering devices or filtering software and

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require parental approval for a juvenile to borrow

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library video materials; to allow a public library

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or its personnel to disable the filtering devices

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or software to enable a person to have full access

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to a computer for specified proper purposes; and

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to make funding of any public library with state

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money or money from a county library and local

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government support fund contingent upon its

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compliance with the filter, notice, and parental

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approval requirements as to use of prior state

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money or money from the fund.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2907.01 and 2907.31 be amended and	23
sections 3375.351 and 3375.352 of the Revised Code be enacted to	24
read as follows:	25

Sec. 2907.01.  As used in sections 2907.01 to 2907.37 of the	26
Revised Code:	27

(A) "Sexual conduct" means vaginal intercourse between a male	28
and female; anal intercourse, fellatio, and cunnilingus between	29
persons regardless of sex; and, without privilege to do so, the	30
insertion, however slight, of any part of the body or any	31
instrument, apparatus, or other object into the vaginal or anal	32
cavity of another. Penetration, however slight, is sufficient to	33
complete vaginal or anal intercourse.	34

(B) "Sexual contact" means any touching of an erogenous zone	35
of another, including without limitation the thigh, genitals,	36
buttock, pubic region, or, if the person is a female, a breast,	37
for the purpose of sexually arousing or gratifying either person.	38

(C) "Sexual activity" means sexual conduct or sexual contact,	39
or both.	40

(D) "Prostitute" means a male or female who promiscuously	41
engages in sexual activity for hire, regardless of whether the	42
hire is paid to the prostitute or to another.	43

(E) "Harmful to juveniles" means that quality of any	44
electronic communication provided or accessed through a prepaid	45
adult entertainment card, any material, or any performance	46
describing or representing nudity, sexual conduct, sexual	47
excitement, or sado-masochistic abuse in any form to which all of	48
the following apply:	49

(1) The electronic communication, material, or performance,	50
when considered as a whole, appeals to the prurient interest in	51
sex of juveniles.	52

(2) The electronic communication, material, or performance is	53
patently offensive to prevailing standards in the adult community	54
as a whole with respect to what is suitable for juveniles.	55

(3) The electronic communication, material, or performance,	56
when considered as a whole, lacks serious literary, artistic,	57
political, and scientific value for juveniles.	58

(F) When considered as a whole, and judged with reference to	59
ordinary adults or, if it is designed for sexual deviates or other	60
specially susceptible group, judged with reference to that group,	61
any electronic communication provided or accessed through a	62
prepaid adult entertainment card, any material, or any performance	63
is "obscene" if any of the following apply:	64

(1) Its dominant appeal is to prurient interest;

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(2) Its dominant tendency is to arouse lust by displaying or	66
depicting sexual activity, masturbation, sexual excitement, or	67
nudity in a way that tends to represent human beings as mere	68
objects of sexual appetite;	69

(3) Its dominant tendency is to arouse lust by displaying or	70
depicting bestiality or extreme or bizarre violence, cruelty, or	71
brutality;	72

(4) Its dominant tendency is to appeal to scatological	73
interest by displaying or depicting human bodily functions of	74
elimination in a way that inspires disgust or revulsion in persons	75
with ordinary sensibilities, without serving any genuine	76
scientific, educational, sociological, moral, or artistic purpose;	77

(5) It contains a series of displays or descriptions of	78
sexual activity, masturbation, sexual excitement, nudity,	79
bestiality, extreme or bizarre violence, cruelty, or brutality, or	80
human bodily functions of elimination, the cumulative effect of	81
which is a dominant tendency to appeal to prurient or scatological	82
interest, when the appeal to such an interest is primarily for its	83
own sake or for commercial exploitation, rather than primarily for	84
a genuine scientific, educational, sociological, moral, or	85
artistic purpose.	86

(G) "Sexual excitement" means the condition of human male or	87
female genitals when in a state of sexual stimulation or arousal.	88

(H) "Nudity" means the showing, representation, or depiction	89
of human male or female genitals, pubic area, or buttocks with	90
less than a full, opaque covering, or of a female breast with less	91
than a full, opaque covering of any portion thereof below the top	92
of the nipple, or of covered male genitals in a discernibly turgid	93
state.	94

(I) "Juvenile" means an unmarried person under the age of	95
eighteen.	96

(J) "Material" means any book, magazine, newspaper, pamphlet,	97
poster, print, picture, figure, image, description, motion picture	98
film, phonographic record, or tape, or other tangible thing	99
capable of arousing interest through sight, sound, or touch and	100
includes an image or text appearing on a computer monitor,	101
television screen, liquid crystal display, or similar display	102
device or an image or text recorded on a computer hard disk,	103
computer floppy disk, compact disk, magnetic tape, or similar data	104
storage device.	105

(K) "Performance" means any motion picture, preview, trailer,	106
play, show, skit, dance, or other exhibition performed before an	107
audience.	108

(L) "Spouse" means a person married to an offender at the	109
time of an alleged offense, except that such person shall not be	110
considered the spouse when any of the following apply:	111

(1) When the parties have entered into a written separation	112
agreement authorized by section 3103.06 of the Revised Code;	113

(2) During the pendency of an action between the parties for	114
annulment, divorce, dissolution of marriage, or legal separation;	115

(3) In the case of an action for legal separation, after the	116
effective date of the judgment for legal separation.	117

(M) "Minor" means a person under the age of eighteen.

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(N) "Mental health client or patient" has the same meaning as	119
in section 2305.51 of the Revised Code.	120

(O) "Mental health professional" has the same meaning as in	121
section 2305.115 of the Revised Code.	122

(P) "Sado-masochistic abuse" means flagellation or torture by	123
or upon a person or the condition of being fettered, bound, or	124
otherwise physically restrained.	125

(Q) "Prepaid adult entertainment card" means either of the	126
following:	127

(1) A product that, by means of a predetermined cardholder	128
identification and a password unique to the card, provides, or	129
permits access to, one or more internet sites containing,	130
including by link or reference to another internet site, any	131
electronic communication that is harmful to juveniles or obscene;	132

(2) A product that, by means of a telephone number and an	133
access code or password unique to the card and for a predetermined	134
number of minutes, provides, or permits access to, an electronic	135
communication that is harmful to juveniles or obscene.	136

(R) "Electronic communication" means any material,	137
performance, message, or information transferred, sent, posted,	138
published, disseminated, or otherwise communicated, any material,	139
performance, information, or data received, or any	140
telecommunication made, through the use of an electronic method of	141
remotely transferring information, including, but not limited to,	142
a computer, computer network, computer program, computer system,	143
or telecommunications device.	144

(S) "Computer," "computer network," "computer program,"	145
"computer system," "telecommunication," and "telecommunications	146
device" have the same meanings as in section 2913.01 of the	147
Revised Code.	148

Sec. 2907.31.  (A) No person, with knowledge of its character	149
or content, shall recklessly do any of the following:	150

(1) Directly sell, deliver, furnish, disseminate, provide,	151
exhibit, rent, or present to a juvenile, a group of juveniles, a	152
law enforcement officer posing as a juvenile, or a group of law	153
enforcement officers posing as juveniles any material or	154
performance that is obscene or harmful to juveniles;	155

(2) Directly offer or agree to sell, deliver, furnish,	156
disseminate, provide, exhibit, rent, or present to a juvenile, a	157
group of juveniles, a law enforcement officer posing as a	158
juvenile, or a group of law enforcement officers posing as	159
juveniles any material or performance that is obscene or harmful	160
to juveniles;	161

(3) While in the physical proximity of the juvenile or law	162
enforcement officer posing as a juvenile, allow any juvenile or	163
law enforcement officer posing as a juvenile to review or peruse	164
any material or view any live performance that is harmful to	165
juveniles;	166

(4) Directly sell, deliver, furnish, disseminate, provide,	167
exhibit, rent, or present a prepaid adult entertainment card to a	168
juvenile, a group of juveniles, a law enforcement officer posing	169
as a juvenile, or a group of law enforcement officers posing as	170
juveniles, or directly offer or agree to do so.	171

(B) The following are affirmative defenses to a charge under	172
division (A)(1), (2), or (3) of this section that involves	173
material or a performance that is harmful to juveniles but not	174
obscene, or to a charge under division (A)(4) of this section:	175

(1) The defendant is the parent, guardian, or spouse of the	176
juvenile involved.	177

(2) The juvenile involved, at the time of the conduct in	178
question, was accompanied by the juvenile's parent or guardian who	179
and one of the following applies:	180

(a) Regarding a charge under division (A)(1), (2), or (3) of	181
this section, the parent or guardian so accompanying the juvenile,	182
with knowledge of its character, consented to the material or	183
performance being furnished or presented to the juvenile;	184

(b) Regarding a charge under division (A)(4) of this section,	185
the parent or guardian so accompanying the juvenile, with	186
knowledge of the purpose for which the card may be used, consented	187
to the prepaid adult entertainment card being sold, delivered,	188
furnished, disseminated, provided, exhibited, rented, or	189
presented, or being offered or agreed to be sold, delivered,	190
furnished, disseminated, provided, exhibited, rented, or	191
presented, to the juvenile.	192

(3) The juvenile involved exhibited to the defendant or to	193
the defendant's agent or employee a draft card, driver's license,	194
birth record, marriage license, or other official or apparently	195
official document purporting to show that the juvenile was	196
eighteen years of age or over or married, and the person to whom	197
that document was exhibited did not otherwise have reasonable	198
cause to believe that the juvenile was under the age of eighteen	199
and unmarried.	200

(C)(1) It is an affirmative defense to a charge under	201
division (A)(1), (2), or (3) of this section, involving material	202
or a performance that is obscene or harmful to juveniles, or to a	203
charge under division (A)(4) of this section, that the material or	204
performance involved in the violation of division (A)(1), (2), or	205
(3) of this section or the prepaid adult entertainment card	206
involved in the violation of division (A)(4) of this section was	207
furnished or presented for a bona fide medical, scientific,	208
educational, governmental, judicial, or other proper purpose, by a	209
physician, psychologist, sociologist, scientist, teacher,	210
librarian, clergyman, prosecutor, judge, or other proper person.	211

(2) Except as provided in division (B)(3) of this section,	212
mistake of age is not a defense to a charge under division (A) of	213
this section.	214

(D)(1) A person directly sells, delivers, furnishes,	215
disseminates, provides, exhibits, rents, or presents or directly	216
offers or agrees to sell, deliver, furnish, disseminate, provide,	217
exhibit, rent, or present material or, a performance, or a prepaid	218
adult entertainment card to a juvenile, a group of juveniles, a	219
law enforcement officer posing as a juvenile, or a group of law	220
enforcement officers posing as juveniles in violation of division	221
(A) of this section by means of an electronic method of remotely	222
transmitting information if the person knows or has reason to	223
believe that the person receiving the information is a juvenile or	224
the group of persons receiving the information are juveniles.	225

(2) A person remotely transmitting information by means of a	226
method of mass distribution does not directly sell, deliver,	227
furnish, disseminate, provide, exhibit, rent, or present or	228
directly offer or agree to sell, deliver, furnish, disseminate,	229
provide, exhibit, rent, or present the material or, performance,	230
or card in question to a juvenile, a group of juveniles, a law	231
enforcement officer posing as a juvenile, or a group of law	232
enforcement officers posing as juveniles in violation of division	233
(A) of this section if either of the following applies:	234

(a) The person has inadequate information to know or have	235
reason to believe that a particular recipient of the information	236
or offer is a juvenile.	237

(b) The method of mass distribution does not provide the	238
person the ability to prevent a particular recipient from	239
receiving the information.	240

(E) If any provision of this section, or the application of	241
any provision of this section to any person or circumstance, is	242
held invalid, the invalidity does not affect other provisions or	243
applications of this section or related sections that can be given	244
effect without the invalid provision or application. To this end,	245
the provisions are severable.	246

(F) Whoever violates division (A) of this section is guilty	247
of disseminating matter harmful to juveniles and shall be punished	248
as provided in division (F)(1) or (2) of this section. If	249

(1) Disseminating matter harmful to juveniles committed in	250
violation of division (A)(1), (2), or (3) of this section shall be	251
punished as provided in this division. If the material or	252
performance involved is harmful to juveniles, except as otherwise	253
provided in this division, adisseminating matter harmful to	254
juveniles committed in violation of division (A)(1), (2), or (3)	255
of this section is a misdemeanor of the first degree. If the	256
material or performance involved is obscene, except as otherwise	257
provided in this division, adisseminating matter harmful to	258
juveniles committed in violation of division (A)(1), (2), or (3)	259
of this section is a felony of the fifth degree. If the material	260
or performance involved is obscene and the juvenile to whom it is	261
sold, delivered, furnished, disseminated, provided, exhibited,	262
rented, or presented, the juvenile to whom the offer is made or	263
who is the subject of the agreement, or the juvenile who is	264
allowed to review, peruse, or view it is under thirteen years of	265
age, disseminating matter harmful to juveniles committed in	266
violation of division (A)(1), (2), or (3) of this section is a	267
felony of the fourth degree.	268

(2) Disseminating matter harmful to juveniles committed in	269
violation of division (A)(4) of this section shall be punished as	270
provided in this division. Except as otherwise provided in this	271
division, disseminating matter harmful to juveniles committed in	272
violation of division (A)(4) of this section is a misdemeanor of	273
the first degree. If the juvenile to whom the prepaid	274
entertainment card is sold, delivered, furnished, disseminated,	275
provided, exhibited, rented, or presented, or the juvenile to whom	276
the offer is made or who is the subject of the agreement, is under	277
thirteen years of age, disseminating matter harmful to juveniles	278
committed in violation of division (A)(4) of this section is a	279
felony of the fifth degree.	280

Sec. 3375.351.  (A) As used in this section and section	281
3375.352 of the Revised Code:	282

(1) "Harmful to juveniles" and "material" have the same	283
meanings as in section 2907.01 of the Revised Code.	284

(2) "Juvenile" means an unmarried person under the age of	285
eighteen.	286

(3) "Library" means a free public library, including both of	287
the following:	288

(a) A library that is maintained and regulated under section	289
715.13 of the Revised Code;	290

(b) A library that is created, maintained, and regulated	291
under Chapter 3375. of the Revised Code.	292

(4) "Obscene" has the same meaning as in section 2907.01 of	293
the Revised Code as that division has been construed by the	294
supreme court of this state.	295

(B) The board of library trustees of a library shall not use	296
any state money it has received from any entity or any source, or	297
any money it has received from any county library and local	298
government support fund under Chapter 5705. of the Revised Code,	299
to purchase computers used to access the internet or to pay for	300
direct costs associated with accessing the internet, unless all of	301
the following apply:	302

(1) The board has installed and has operational, subject to	303
division (C) of this section, a filtering device or filtering	304
software that protects against internet access to material that is	305
obscene or harmful to juveniles on each computer located at the	306
library that is accessible to juveniles;	307

(2) The board has installed and has operational, subject to	308
division (C) of this section, a filtering device or filtering	309
software that protects against internet access to material that is	310
obscene on each computer located at the library that is accessible	311
to any patron of the library.	312

(3) The board has adopted and enforces a policy prohibiting a	313
juvenile from borrowing from the library any video material unless	314
a parent or guardian, after being notified that some video	315
materials available for borrowing from the library might include	316
materials that are harmful to juveniles, has given permission for	317
the juvenile to borrow video materials. If permission for the	318
juvenile to borrow video materials is given by a parent or	319
guardian to the library, it shall be clearly noted on the library	320
card or other identification documentation that has been issued to	321
the juvenile. The notification to the parent shall be on the	322
application for the library card or for the other identification	323
documentation of the juvenile, if the parent is required to sign	324
the application, or shall be provided in any other manner the	325
board determines to be appropriate.	326

(C) If a board of library trustees of a library installs and	327
has operational a filtering device or filtering software on	328
computers located at the library in accordance with divisions	329
(B)(1) and (2) of this section, upon the request of any person,	330
any administrator, supervisor, or other official or employee of	331
the library may disable or override the device or software on a	332
particular computer to enable the person to have full access to	333
that computer for bona fide research, medical, scientific,	334
educational, governmental, judicial, or other lawful purposes. If	335
the person making the request is eighteen years of age or older,	336
the person is not required to explain, and shall not be asked to	337
explain, the reason or purpose for which the person is requesting	338
full access to the computer.	339

(D) Nothing in this section limits, restricts, or prohibits a	340
board of library trustees of a library, or any administrator,	341
supervisor, or other official or employee of a library, from	342
regulating, limiting, restricting, or prohibiting any person from	343
having access while at the library, on the internet or in any	344
other manner, to material other than material that is obscene or	345
harmful to juveniles.	346

Sec. 3375.352. No entity shall distribute any state money	347
from any source to a board of public library trustees unless it	348
has received a resolution from the board stating that the library	349
has complied with and will continue to comply with division (B) of	350
section 3375.351 of the Revised Code.	351

Section 2. That existing sections 2907.01 and 2907.31 of the	352
Revised Code are hereby repealed.	353

Section 3. (A) Division (B) of section 3375.351 of the	354
Revised Code applies to boards of library trustees one hundred	355
eighty days after the effective date of that section.	356

(B) Section 3375.352 of the Revised Code applies to the	357
distribution of state money beginning one hundred eighty days	358
after the effective date of that section.	359