REPRESENTATIVE Hughes
A BILL
To amend section 2907.01 of the Revised Code to
expand the
definition of "material" in the Sex
Offense Laws to include any
image appearing on a
computer monitor or similar display device,
transmitted through the Internet, or recorded on a
computer disk,
magnetic tape, or similar data
storage device.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2907.01 of the Revised Code be
amended to
read as follows:
Sec. 2907.01. As used in sections 2907.01 to 2907.37 of
the
Revised Code:
(A) "Sexual conduct" means vaginal intercourse between a
male and female; anal intercourse, fellatio, and
cunnilingus
between persons regardless of sex; and, without privilege to do
so, the insertion, however slight, of any part of the body or any
instrument, apparatus, or other object
into the vaginal or anal
cavity of another. Penetration, however slight, is
sufficient to
complete vaginal or anal intercourse.
(B) "Sexual contact" means any touching of an erogenous
zone
of another, including without limitation the thigh,
genitals,
buttock, pubic region, or, if the person is a female, a
breast,
for the purpose of sexually arousing or gratifying either
person.
(C) "Sexual activity" means sexual conduct or sexual
contact, or both.
(D) "Prostitute" means a male or female who promiscuously
engages in sexual activity for hire, regardless of whether the
hire is paid to the prostitute or to another.
(E) Any material or performance is "harmful to juveniles,"
if it is offensive to prevailing standards in the adult community
with respect to what is suitable for juveniles, and if any of the
following apply:
(1) It tends to appeal to the prurient interest of
juveniles;
(2) It contains a display, description, or representation
of
sexual activity, masturbation, sexual excitement, or nudity;
(3) It contains a display, description, or representation
of
bestiality or extreme or bizarre violence, cruelty, or
brutality;
(4) It contains a display, description, or representation
of
human bodily functions of elimination;
(5) It makes repeated use of foul language;
(6) It contains a display, description, or representation
in
lurid detail of the violent physical torture, dismemberment,
destruction, or death of a human being;
(7) It contains a display, description, or representation
of
criminal activity that tends to glorify or glamorize the
activity,
and that, with respect to juveniles, has a dominant
tendency to
corrupt.
(F) When considered as a whole, and judged with reference
to
ordinary adults or, if it is designed for sexual deviates or
other
specially susceptible group, judged with reference to that
group,
any material or performance is "obscene" if any of the
following
apply:
(1) Its dominant appeal is to prurient interest;
(2) Its dominant tendency is to arouse lust by displaying
or
depicting sexual activity, masturbation, sexual excitement, or
nudity in a way that tends to represent human beings as mere
objects of sexual appetite;
(3) Its dominant tendency is to arouse lust by displaying
or
depicting bestiality or extreme or bizarre violence, cruelty,
or
brutality;
(4) Its dominant tendency is to appeal to scatological
interest by displaying or depicting human bodily functions of
elimination in a way that inspires disgust or revulsion in
persons
with ordinary sensibilities, without serving any genuine
scientific, educational, sociological, moral, or artistic
purpose;
(5) It contains a series of displays or descriptions of
sexual activity, masturbation, sexual excitement, nudity,
bestiality, extreme or bizarre violence, cruelty, or brutality,
or
human bodily functions of elimination, the cumulative effect
of
which is a dominant tendency to appeal to prurient or
scatological
interest, when the appeal to such an interest is
primarily for its
own sake or for commercial exploitation, rather
than primarily for
a genuine scientific, educational,
sociological, moral, or
artistic purpose.
(G) "Sexual excitement" means the condition of human male
or
female genitals when in a state of sexual stimulation or
arousal.
(H) "Nudity" means the showing, representation, or
depiction
of human male or female genitals, pubic area, or
buttocks with
less than a full, opaque covering, or of a female
breast with less
than a full, opaque covering of any portion
thereof below the top
of the nipple, or of covered male genitals
in a discernibly turgid
state.
(I) "Juvenile" means an unmarried person under the age of
eighteen.
(J) "Material" means any book, magazine, newspaper,
pamphlet, poster, print, picture, figure, image, description,
motion picture film, phonographic record, or tape, or other
tangible thing capable of arousing interest through sight, sound,
or touch
and includes an image appearing on a computer monitor,
television
screen, liquid crystal display, or similar display
device, an image
transmitted through the internet, or an image
recorded on a computer hard
disk, computer floppy disk, compact
disk, magnetic tape, or similar data
storage device.
(K) "Performance" means any motion picture, preview,
trailer, play, show, skit, dance, or other exhibition performed
before an audience.
(L) "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 section 3103.06 of the Revised
Code;
(2) During the pendency of an action between the parties
for
annulment, divorce, dissolution of marriage, or legal
separation;
(3) In the case of an action for legal separation, after
the
effective date of the judgment for legal separation.
(M) "Minor" means a person under the age of eighteen.
(N)
"Internet" has the same meaning as in section 341.42 of
the Revised Code.
Section 2. That existing section 2907.01 of the Revised Code
is
hereby repealed.