§ 133.01. Definitions.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Harmful to juveniles." Any material or performance which is offensive to prevailing standards in the adult community with respect to what is suitable for juveniles, provided that 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.

"Juvenile." An unmarried person under the age of eighteen.

"Material." Any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonograph record, or tape, or other tangible thing capable of arousing interest through sight, sound, or touch.

"Nudity." 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.

"Obscene." 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.

"Performance." Any motion picture, preview, trailer, play, show, skit, dance, or other exhibition performed before an audience.

"Prostitute." 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.

"Prostitution." Engaging in sexual activity for hire, regardless of whether the hire is paid to the prostitute or to another.

"Sexual activity." Sexual conduct or sexual-contact, or both.

"Sexual conduct." Vaginal intercourse between a male and female, and anal intercourse, fellatio, and cunnilingus between persons regardless of sex. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

"Sexual contact." 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.

"Sexual excitement." The condition of human male or female genitals when in a state of sexual stimulation or arousal.

"Spouse." 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 R.C. § 3103.06;

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. (R.C. § 2907.01)

(Ord. 224-1991)