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| To amend section 2907.01 of the Revised Code to | 1 |
| clarify the definition of "harmful to juveniles." | 2 |
| Section 1. That section 2907.01 of the Revised Code be | 3 |
| amended to read as follows: | 4 |
| Sec. 2907.01. As used in sections 2907.01 to 2907.38 of the | 5 |
| Revised Code: | 6 |
| (A) "Sexual conduct" means vaginal intercourse between a male | 7 |
| and female; anal intercourse, fellatio, and cunnilingus between | 8 |
| persons regardless of sex; and, without privilege to do so, the | 9 |
| insertion, however slight, of any part of the body or any | 10 |
| instrument, apparatus, or other object into the vaginal or anal | 11 |
| opening of another. Penetration, however slight, is sufficient to | 12 |
| complete vaginal or anal intercourse. | 13 |
| (B) "Sexual contact" means any touching of an erogenous zone | 14 |
| of another, including without limitation the thigh, genitals, | 15 |
| buttock, pubic region, or, if the person is a female, a breast, | 16 |
| for the purpose of sexually arousing or gratifying either person. | 17 |
| (C) "Sexual activity" means sexual conduct or sexual contact, | 18 |
| or both. | 19 |
| (D) "Prostitute" means a male or female who promiscuously | 20 |
| engages in sexual activity for hire, regardless of whether the | 21 |
| hire is paid to the prostitute or to another. | 22 |
| (E) "Harmful to juveniles" means that quality of any material | 23 |
| or performance describing or representing nudity, sexual conduct, | 24 |
| sexual excitement, or sado-masochistic abuse in any form to which | 25 |
| all of the following apply: | 26 |
| (1) The material or performance, when considered as a whole, | 27 |
| appeals to | 28 |
| (2) The material or performance is patently offensive to | 29 |
| prevailing standards in the adult community as a whole with | 30 |
| respect to what is suitable for juveniles. | 31 |
| (3) The material or performance, when considered as a whole, | 32 |
| lacks serious literary, artistic, political, and scientific value | 33 |
| for juveniles. | 34 |
| (F) When considered as a whole, and judged with reference to | 35 |
| ordinary adults or, if it is designed for sexual deviates or other | 36 |
| specially susceptible group, judged with reference to that group, | 37 |
| any material or performance is "obscene" if any of the following | 38 |
| apply: | 39 |
| (1) Its dominant appeal is to prurient interest; | 40 |
| (2) Its dominant tendency is to arouse lust by displaying or | 41 |
| depicting sexual activity, masturbation, sexual excitement, or | 42 |
| nudity in a way that tends to represent human beings as mere | 43 |
| objects of sexual appetite; | 44 |
| (3) Its dominant tendency is to arouse lust by displaying or | 45 |
| depicting bestiality or extreme or bizarre violence, cruelty, or | 46 |
| brutality; | 47 |
| (4) Its dominant tendency is to appeal to scatological | 48 |
| interest by displaying or depicting human bodily functions of | 49 |
| elimination in a way that inspires disgust or revulsion in persons | 50 |
| with ordinary sensibilities, without serving any genuine | 51 |
| scientific, educational, sociological, moral, or artistic purpose; | 52 |
| (5) It contains a series of displays or descriptions of | 53 |
| sexual activity, masturbation, sexual excitement, nudity, | 54 |
| bestiality, extreme or bizarre violence, cruelty, or brutality, or | 55 |
| human bodily functions of elimination, the cumulative effect of | 56 |
| which is a dominant tendency to appeal to prurient or scatological | 57 |
| interest, when the appeal to such an interest is primarily for its | 58 |
| own sake or for commercial exploitation, rather than primarily for | 59 |
| a genuine scientific, educational, sociological, moral, or | 60 |
| artistic purpose. | 61 |
| (G) "Sexual excitement" means the condition of human male or | 62 |
| female genitals when in a state of sexual stimulation or arousal. | 63 |
| (H) "Nudity" means the showing, representation, or depiction | 64 |
| of human male or female genitals, pubic area, or buttocks with | 65 |
| less than a full, opaque covering, or of a female breast with less | 66 |
| than a full, opaque covering of any portion thereof below the top | 67 |
| of the nipple, or of covered male genitals in a discernibly turgid | 68 |
| state. | 69 |
| (I) "Juvenile" means an unmarried person under the age of | 70 |
| eighteen. | 71 |
| (J) "Material" means any book, magazine, newspaper, pamphlet, | 72 |
| poster, print, picture, figure, image, description, motion picture | 73 |
| film, phonographic record, or tape, or other tangible thing | 74 |
| capable of arousing interest through sight, sound, or touch and | 75 |
| includes an image or text appearing on a computer monitor, | 76 |
| television screen, liquid crystal display, or similar display | 77 |
| device or an image or text recorded on a computer hard disk, | 78 |
| computer floppy disk, compact disk, magnetic tape, or similar data | 79 |
| storage device. | 80 |
| (K) "Performance" means any motion picture, preview, trailer, | 81 |
| play, show, skit, dance, or other exhibition performed before an | 82 |
| audience. | 83 |
| (L) "Spouse" means a person married to an offender at the | 84 |
| time of an alleged offense, except that such person shall not be | 85 |
| considered the spouse when any of the following apply: | 86 |
| (1) When the parties have entered into a written separation | 87 |
| agreement authorized by section 3103.06 of the Revised Code; | 88 |
| (2) During the pendency of an action between the parties for | 89 |
| annulment, divorce, dissolution of marriage, or legal separation; | 90 |
| (3) In the case of an action for legal separation, after the | 91 |
| effective date of the judgment for legal separation. | 92 |
| (M) "Minor" means a person under the age of eighteen. | 93 |
| (N) "Mental health client or patient" has the same meaning as | 94 |
| in section 2305.51 of the Revised Code. | 95 |
| (O) "Mental health professional" has the same meaning as in | 96 |
| section 2305.115 of the Revised Code. | 97 |
| (P) "Sado-masochistic abuse" means flagellation or torture by | 98 |
| or upon a person or the condition of being fettered, bound, or | 99 |
| otherwise physically restrained. | 100 |
| Section 2. That existing section 2907.01 of the Revised Code | 101 |
| is hereby repealed. | 102 |
| Section 3. Section 2907.01 of the Revised Code is presented | 103 |
| in this act as a composite of the section as amended by both Am. | 104 |
| Sub. H.B. 23 and Am. Sub. H.B. 95 of the 126th General Assembly. | 105 |
| The General Assembly, applying the principle stated in division | 106 |
| (B) of section 1.52 of the Revised Code that amendments are to be | 107 |
| harmonized if reasonably capable of simultaneous operation, finds | 108 |
| that the composite is the resulting version of the section in | 109 |
| effect prior to the effective date of the section as presented in | 110 |
| this act. | 111 |