CHAPTER 533 Obscenity and Sex Offenses

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CHAPTER 533 Obscenity and Sex Offenses — Chapter Overview

CHAPTER 533 Obscenity and Sex Offenses

Document typechapter
Identifier533
CitationChapter 533
Ordinances detectedS, 116-84, INARY, 10-89
Original sourceAmerican Legal Publishing
Content hash387e7d9f04a4d51f37d7d61ffd5fd6f058e9f2d8c474f03ce3162d783e4802ff

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 533
Obscenity and Sex Offenses
533.01   Definitions.
533.02   Presumption of knowledge; actual notice and defense.
533.03   Unlawful sexual conduct with a minor.
533.04   Sexual imposition.
533.05   Importuning.
533.06   Voyeurism.
533.07   Public indecency.
533.08   Procuring; engagement in sexual activity for hire.
533.09   Soliciting.
533.091   Loitering to engage in solicitation.
533.10   Prostitution.
533.11   Disseminating matter harmful to juveniles.
533.12   Deception to obtain matter harmful to juveniles.
533.13   Displaying matter harmful to juveniles.
533.14   Prohibition of child pornography.
533.15   Affirmative defenses.
533.16   Unlawful display of materials harmful to juveniles.
533.17   Unlawful exposure by waiters, waitresses and entertainers.
533.18   Counseling or assisting unlawful exposure prohibited.
533.19   Employment or payment not necessary for offense.
533.20   Exposure to performers in public prohibited.
533.21   Counseling or assisting unlawful public exposure prohibited.
533.22   Exemption of theatrical establishments.
533.23   Prohibition of certain sexually oriented offenders from residing within 1,000 feet of schools, parks or libraries.
533.24   Unlawful advertising of massage.
533.25      Dissemination of private sexual images.
533.26      Grooming.
533.99   Penalty.
 
CROSS REFERENCES
See sectional histories for similar State law
Complicity - see GEN. OFF. 501.10
Offensive conduct - see GEN. OFF. 509.03
Telephone harassment - see GEN. OFF. 537.10
Criminal trespass - see GEN. OFF. 541.05
 
 
533.01 DEFINITIONS.
   As used in this chapter:
   (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 opening 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 such 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)   “Harmful to juveniles” means that quality of any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sado- masochistic abuse in any form to which all of the following apply:
      (1)   The material or performance, when considered as a whole, appeals to the prurient interest of juveniles in sex.
      (2)   The material or performance is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles.
      (3)   The material or performance, when considered as a whole, lacks serious literary, artistic, political and scientific value for juveniles.
   (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 such 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 which 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 which 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 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)   “Licensed medical professional” means any of the following medical professionals:
      (1)    A physician assistant licensed under Ohio R.C. Chapter 4730;
      (2)    A physician authorized under Ohio R.C. Chapter 4731 to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery;
      (3)    A massage therapist licensed under Ohio R.C. Chapter 4731.
   (k)   "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 or text appearing on a computer monitor, television screen, liquid crystal display, or similar display device or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape or similar data storage device.
   (l)   "Performance" means any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed before an audience.
   (m)   "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 Ohio 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.
   (n)   "Minor" means a person under the age of eighteen years.
   (o)   “Mental health client or patient” has the same meaning as in Ohio R.C.2305.51.
   (p)   “Mental health professional” has the same meaning as in Ohio R.C. 2305.115.
   (q)   “Sado-masochistic abuse” means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained.
      (ORC 2907.01)
   (r)   “Knowledge of character” means having general knowledge, or reason to know; or a belief or ground for belief which warrants further inspection or inquiry, of the nature and character of the material or performance involved. A person has such knowledge when he or she knows or is aware that the material or performance contains, depicts or describes sexually explicit nudity, sexual activity, sadomasochistic sexual abuse, or lewd exhibition of the genitals, whichever is applicable, whether or not such person has precise knowledge of the specific contents thereof. Such knowledge may be proven by direct or circumstantial evidence, or both.
   (s)   “Person” means any individual, corporation, company, business, partnership, association, establishment or other legal entity of any kind.
   (t)   “Public place” means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and an establishment which serves food, beverages or food and beverages including, but not limited to, alcoholic beverages, for consumption on the premises including but not limited to, private clubs.
   (u)   “Theater” means a building, play house, room, hall or other place having a permanent parcel stage upon which movable scenery and theatrical or vaudeville or similar performances are given and seats so arranged that a body of spectators can have an unobstructed view of the stage.
      (Ord. 10-89. Passed 2-14-89.)
   (v)   “Place where a person has a reasonable expectation of privacy” means a place where a reasonable person would believe that the person could fully disrobe in private.
   (w)   “Private area” means the genitals, pubic area, buttocks, or female breast below the top of the areola, where nude or covered by an under-garment.
      (ORC 2907.01)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

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533.01 DEFINITIONS.

533.01 DEFINITIONS.

Document typesection
Identifier533.01
Citation§ 533.01
Ordinances detectedS, 116-84, INARY, 10-89, INANCE
Original sourceAmerican Legal Publishing
Content hash136bc0e8c1b8426938d9f62a385d29c61392b4863a6cbf71530de2bf340f9c3e

Skip to main content
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Skip to code content (skip section selection)
2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.01 DEFINITIONS.
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 533
Obscenity and Sex Offenses
533.01   Definitions.
533.02   Presumption of knowledge; actual notice and defense.
533.03   Unlawful sexual conduct with a minor.
533.04   Sexual imposition.
533.05   Importuning.
533.06   Voyeurism.
533.07   Public indecency.
533.08   Procuring; engagement in sexual activity for hire.
533.09   Soliciting.
533.091   Loitering to engage in solicitation.
533.10   Prostitution.
533.11   Disseminating matter harmful to juveniles.
533.12   Deception to obtain matter harmful to juveniles.
533.13   Displaying matter harmful to juveniles.
533.14   Prohibition of child pornography.
533.15   Affirmative defenses.
533.16   Unlawful display of materials harmful to juveniles.
533.17   Unlawful exposure by waiters, waitresses and entertainers.
533.18   Counseling or assisting unlawful exposure prohibited.
533.19   Employment or payment not necessary for offense.
533.20   Exposure to performers in public prohibited.
533.21   Counseling or assisting unlawful public exposure prohibited.
533.22   Exemption of theatrical establishments.
533.23   Prohibition of certain sexually oriented offenders from residing within 1,000 feet of schools, parks or libraries.
533.24   Unlawful advertising of massage.
533.25      Dissemination of private sexual images.
533.26      Grooming.
533.99   Penalty.
 
CROSS REFERENCES
See sectional histories for similar State law
Complicity - see GEN. OFF. 501.10
Offensive conduct - see GEN. OFF. 509.03
Telephone harassment - see GEN. OFF. 537.10
Criminal trespass - see GEN. OFF. 541.05
 
 
533.01 DEFINITIONS.
   As used in this chapter:
   (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 opening 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 such 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)   “Harmful to juveniles” means that quality of any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sado- masochistic abuse in any form to which all of the following apply:
      (1)   The material or performance, when considered as a whole, appeals to the prurient interest of juveniles in sex.
      (2)   The material or performance is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles.
      (3)   The material or performance, when considered as a whole, lacks serious literary, artistic, political and scientific value for juveniles.
   (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 such 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 which 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 which 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 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)   “Licensed medical professional” means any of the following medical professionals:
      (1)    A physician assistant licensed under Ohio R.C. Chapter 4730;
      (2)    A physician authorized under Ohio R.C. Chapter 4731 to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery;
      (3)    A massage therapist licensed under Ohio R.C. Chapter 4731.
   (k)   "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 or text appearing on a computer monitor, television screen, liquid crystal display, or similar display device or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape or similar data storage device.
   (l)   "Performance" means any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed before an audience.
   (m)   "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 Ohio 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.
   (n)   "Minor" means a person under the age of eighteen years.
   (o)   “Mental health client or patient” has the same meaning as in Ohio R.C.2305.51.
   (p)   “Mental health professional” has the same meaning as in Ohio R.C. 2305.115.
   (q)   “Sado-masochistic abuse” means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained.
      (ORC 2907.01)
   (r)   “Knowledge of character” means having general knowledge, or reason to know; or a belief or ground for belief which warrants further inspection or inquiry, of the nature and character of the material or performance involved. A person has such knowledge when he or she knows or is aware that the material or performance contains, depicts or describes sexually explicit nudity, sexual activity, sadomasochistic sexual abuse, or lewd exhibition of the genitals, whichever is applicable, whether or not such person has precise knowledge of the specific contents thereof. Such knowledge may be proven by direct or circumstantial evidence, or both.
   (s)   “Person” means any individual, corporation, company, business, partnership, association, establishment or other legal entity of any kind.
   (t)   “Public place” means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and an establishment which serves food, beverages or food and beverages including, but not limited to, alcoholic beverages, for consumption on the premises including but not limited to, private clubs.
   (u)   “Theater” means a building, play house, room, hall or other place having a permanent parcel stage upon which movable scenery and theatrical or vaudeville or similar performances are given and seats so arranged that a body of spectators can have an unobstructed view of the stage.
      (Ord. 10-89. Passed 2-14-89.)
   (v)   “Place where a person has a reasonable expectation of privacy” means a place where a reasonable person would believe that the person could fully disrobe in private.
   (w)   “Private area” means the genitals, pubic area, buttocks, or female breast below the top of the areola, where nude or covered by an under-garment.
      (ORC 2907.01)
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
   (a)   An owner or manager, or agent or employee of an owner or manager, of a bookstore, newsstand, theater, or other commercial establishment engaged in selling materials or exhibiting performances, who, in the course of business does any of the acts prohibited by Section 533.11, is presumed to have knowledge of the character of the material or performance involved, if the owner, manager, or agent or employee of the owner or manager has actual notice of the nature of such material or performance, whether or not the owner, manager, or agent or employee of the owner or manager has precise knowledge of its contents.
   (b)   Without limitation on the manner in which such notice may be given, actual notice of the character of material or a performance may be given in writing by the chief legal officer of the jurisdiction in which the person to whom the notice is directed does business. Such notice, regardless of the manner in which it is given, shall identify the sender, identify the material or performance involved, state whether it is obscene or harmful to juveniles and bear the date of such notice.
   (c)   Section 533.11 does not apply to a motion picture operator or projectionist acting within the scope of employment as an employee of the owner or manager of a theater or other place for the showing of motion pictures to the general public, and having no managerial responsibility or financial interest in the operator’s or projectionist’s place of employment, other than wages.
   (d)   (1)   Sections 533.11, 533.12(a) and 533.13 do not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection.
      (2)   Subsection (d)(1) of this section does not apply to a person who conspires with an entity actively involved in the creation or knowing distribution of material in violation of Section 533.11, 533.12 or 533.13, or who knowingly advertises the availability of material of that nature.
      (3)   Subsection (d)(1) of this section does not apply to a person who provides access or connection to an electronic method of remotely transferring information that is engaged in the violation of Section 533.11, 533.12 or 533.13, and that contains content that person has selected and introduced into the electronic method of remotely transferring information or content over which that person exercises editorial control.
   (e)   An employer is not guilty of a violation of Section 533.11, 533.12, or 533.13 based on the actions of an employee or agent of the employer unless the employee’s or agent’s conduct is within the scope of employee’s or agent’s employment or agency, and the employer does either of the following:
      (1)   With knowledge of the employee’s or agent’s conduct, the employer authorizes or ratifies the conduct.
      (2)   The employer recklessly disregards the employee’s or agent’s conduct.
   (f)   It is an affirmative defense to a charge under Section 533.11 or 533.13 as the section applies to an image transmitted through the internet or another electronic method of remotely transmitting information that the person charged with violating the section has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by juveniles to material that is harmful to juveniles, including any method that is feasible under available technology.
   (g)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
(ORC 2907.35)
   
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
   (a)   No person, who is eighteen years of age or older, shall engage in sexual conduct with another, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.
   (b)   Whoever violates this section is guilty of unlawful sexual conduct with a minor, a misdemeanor of the first degree. If the offender is four years older or more than the other person, or if the offender has previously been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03 or 2907.04, or former Ohio R.C. 2907.12, unlawful sexual conduct with a minor is a felony and shall be prosecuted under appropriate State law.
(ORC 2907.04)
533.04 SEXUAL IMPOSITION.
   (a)    No person shall have sexual contact with another; cause another to have sexual contact with the offender; or cause two or more other persons to have sexual contact when the offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.
   (b)   No person shall be convicted of a violation of this section solely upon the victim's testimony unsupported by other evidence.
   (c)   Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06 or former Section 2907.12, or a substantially similar municipal ordinance, a violation of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of Ohio R.C. 2907.02, 2907.03, 2907.04 or 2907.05, 2907.06 or former Section 2907.12 or of any combination of those sections, a violation of this section is a misdemeanor of the first degree and, notwithstanding the range of jail terms prescribed in Ohio R.C. 2929.24, the court may impose on the offender a definite jail term of not more than one year. (ORC 2907.06)
533.05 IMPORTUNING.
   (EDITOR’S NOTE: Former Section 533.05 has been deleted from the Codified Ordinances. Section 533.05 was identical to Ohio R.C. 2907.07(B) which the Ohio Supreme Court held to be unconstitutional in State v. Thompson, 95 Ohio St. 3rd 264 (2002).)
533.06 VOYEURISM.
   (a)   No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.
   (b)   No person shall knowingly commit trespass or otherwise secretly or surreptitiously videotape, film, photograph, broadcast, stream, or otherwise record another person, in a place where a person has a reasonable expectation of privacy, for the purpose of viewing the private areas of that person.
   (c)   No person shall secretly or surreptitiously videotape, film, photograph, or otherwise record another person above, under or through the clothing being worn by that other person for the purpose of viewing the body of, or the undergarments worn by, that other person.
   (d)   Whoever violates this section is guilty of voyeurism.
      (1)   A violation of subsection (a) hereof is a misdemeanor of the third degree.
      (2)   A violation of subsection (b) hereof is a misdemeanor of the second degree.
      (3)   A violation of subsection (c) hereof is a misdemeanor of the first degree. (ORC 2907.08)
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533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.

533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.

Document typesection
Identifier533.02
Citation§ 533.02
Ordinances detectedS, 116-84, INARY, 10-89, INANCE, ER
Original sourceAmerican Legal Publishing
Content hashd926bfba3e44fa41c28102304a764739a99362e1287e1f2dd752ea5cc8a64a7e

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
   As used in this chapter:
   (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 opening 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 such 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)   “Harmful to juveniles” means that quality of any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sado- masochistic abuse in any form to which all of the following apply:
      (1)   The material or performance, when considered as a whole, appeals to the prurient interest of juveniles in sex.
      (2)   The material or performance is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles.
      (3)   The material or performance, when considered as a whole, lacks serious literary, artistic, political and scientific value for juveniles.
   (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 such 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 which 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 which 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 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)   “Licensed medical professional” means any of the following medical professionals:
      (1)    A physician assistant licensed under Ohio R.C. Chapter 4730;
      (2)    A physician authorized under Ohio R.C. Chapter 4731 to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery;
      (3)    A massage therapist licensed under Ohio R.C. Chapter 4731.
   (k)   "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 or text appearing on a computer monitor, television screen, liquid crystal display, or similar display device or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape or similar data storage device.
   (l)   "Performance" means any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed before an audience.
   (m)   "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 Ohio 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.
   (n)   "Minor" means a person under the age of eighteen years.
   (o)   “Mental health client or patient” has the same meaning as in Ohio R.C.2305.51.
   (p)   “Mental health professional” has the same meaning as in Ohio R.C. 2305.115.
   (q)   “Sado-masochistic abuse” means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained.
      (ORC 2907.01)
   (r)   “Knowledge of character” means having general knowledge, or reason to know; or a belief or ground for belief which warrants further inspection or inquiry, of the nature and character of the material or performance involved. A person has such knowledge when he or she knows or is aware that the material or performance contains, depicts or describes sexually explicit nudity, sexual activity, sadomasochistic sexual abuse, or lewd exhibition of the genitals, whichever is applicable, whether or not such person has precise knowledge of the specific contents thereof. Such knowledge may be proven by direct or circumstantial evidence, or both.
   (s)   “Person” means any individual, corporation, company, business, partnership, association, establishment or other legal entity of any kind.
   (t)   “Public place” means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and an establishment which serves food, beverages or food and beverages including, but not limited to, alcoholic beverages, for consumption on the premises including but not limited to, private clubs.
   (u)   “Theater” means a building, play house, room, hall or other place having a permanent parcel stage upon which movable scenery and theatrical or vaudeville or similar performances are given and seats so arranged that a body of spectators can have an unobstructed view of the stage.
      (Ord. 10-89. Passed 2-14-89.)
   (v)   “Place where a person has a reasonable expectation of privacy” means a place where a reasonable person would believe that the person could fully disrobe in private.
   (w)   “Private area” means the genitals, pubic area, buttocks, or female breast below the top of the areola, where nude or covered by an under-garment.
      (ORC 2907.01)
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
   (a)   An owner or manager, or agent or employee of an owner or manager, of a bookstore, newsstand, theater, or other commercial establishment engaged in selling materials or exhibiting performances, who, in the course of business does any of the acts prohibited by Section 533.11, is presumed to have knowledge of the character of the material or performance involved, if the owner, manager, or agent or employee of the owner or manager has actual notice of the nature of such material or performance, whether or not the owner, manager, or agent or employee of the owner or manager has precise knowledge of its contents.
   (b)   Without limitation on the manner in which such notice may be given, actual notice of the character of material or a performance may be given in writing by the chief legal officer of the jurisdiction in which the person to whom the notice is directed does business. Such notice, regardless of the manner in which it is given, shall identify the sender, identify the material or performance involved, state whether it is obscene or harmful to juveniles and bear the date of such notice.
   (c)   Section 533.11 does not apply to a motion picture operator or projectionist acting within the scope of employment as an employee of the owner or manager of a theater or other place for the showing of motion pictures to the general public, and having no managerial responsibility or financial interest in the operator’s or projectionist’s place of employment, other than wages.
   (d)   (1)   Sections 533.11, 533.12(a) and 533.13 do not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection.
      (2)   Subsection (d)(1) of this section does not apply to a person who conspires with an entity actively involved in the creation or knowing distribution of material in violation of Section 533.11, 533.12 or 533.13, or who knowingly advertises the availability of material of that nature.
      (3)   Subsection (d)(1) of this section does not apply to a person who provides access or connection to an electronic method of remotely transferring information that is engaged in the violation of Section 533.11, 533.12 or 533.13, and that contains content that person has selected and introduced into the electronic method of remotely transferring information or content over which that person exercises editorial control.
   (e)   An employer is not guilty of a violation of Section 533.11, 533.12, or 533.13 based on the actions of an employee or agent of the employer unless the employee’s or agent’s conduct is within the scope of employee’s or agent’s employment or agency, and the employer does either of the following:
      (1)   With knowledge of the employee’s or agent’s conduct, the employer authorizes or ratifies the conduct.
      (2)   The employer recklessly disregards the employee’s or agent’s conduct.
   (f)   It is an affirmative defense to a charge under Section 533.11 or 533.13 as the section applies to an image transmitted through the internet or another electronic method of remotely transmitting information that the person charged with violating the section has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by juveniles to material that is harmful to juveniles, including any method that is feasible under available technology.
   (g)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
(ORC 2907.35)
   
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
   (a)   No person, who is eighteen years of age or older, shall engage in sexual conduct with another, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.
   (b)   Whoever violates this section is guilty of unlawful sexual conduct with a minor, a misdemeanor of the first degree. If the offender is four years older or more than the other person, or if the offender has previously been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03 or 2907.04, or former Ohio R.C. 2907.12, unlawful sexual conduct with a minor is a felony and shall be prosecuted under appropriate State law.
(ORC 2907.04)
533.04 SEXUAL IMPOSITION.
   (a)    No person shall have sexual contact with another; cause another to have sexual contact with the offender; or cause two or more other persons to have sexual contact when the offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.
   (b)   No person shall be convicted of a violation of this section solely upon the victim's testimony unsupported by other evidence.
   (c)   Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06 or former Section 2907.12, or a substantially similar municipal ordinance, a violation of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of Ohio R.C. 2907.02, 2907.03, 2907.04 or 2907.05, 2907.06 or former Section 2907.12 or of any combination of those sections, a violation of this section is a misdemeanor of the first degree and, notwithstanding the range of jail terms prescribed in Ohio R.C. 2929.24, the court may impose on the offender a definite jail term of not more than one year. (ORC 2907.06)
533.05 IMPORTUNING.
   (EDITOR’S NOTE: Former Section 533.05 has been deleted from the Codified Ordinances. Section 533.05 was identical to Ohio R.C. 2907.07(B) which the Ohio Supreme Court held to be unconstitutional in State v. Thompson, 95 Ohio St. 3rd 264 (2002).)
533.06 VOYEURISM.
   (a)   No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.
   (b)   No person shall knowingly commit trespass or otherwise secretly or surreptitiously videotape, film, photograph, broadcast, stream, or otherwise record another person, in a place where a person has a reasonable expectation of privacy, for the purpose of viewing the private areas of that person.
   (c)   No person shall secretly or surreptitiously videotape, film, photograph, or otherwise record another person above, under or through the clothing being worn by that other person for the purpose of viewing the body of, or the undergarments worn by, that other person.
   (d)   Whoever violates this section is guilty of voyeurism.
      (1)   A violation of subsection (a) hereof is a misdemeanor of the third degree.
      (2)   A violation of subsection (b) hereof is a misdemeanor of the second degree.
      (3)   A violation of subsection (c) hereof is a misdemeanor of the first degree. (ORC 2907.08)
533.07 PUBLIC INDECENCY.
   (a)   No person shall recklessly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront others, who are in the person’s physical proximity and who are not members of the person’s household:
      (1)   Expose the person’s private parts;
      (2)   Engage in sexual conduct or masturbation;
      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.
   (b)   No person shall knowingly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront another person who is in the person’s physical proximity, who is a minor, and who is not the spouse of the offender:
      (1)   Engage in masturbation;
      (2)   Engage in sexual conduct;
      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation;
      (4)   Expose the person’s private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.
   (c)   (1)   Whoever violates this section is guilty of public indecency and shall be punished as provided in subsections (c)(2), (3), (4) and (5) of this section.
      (2)   Except as otherwise provided in subsection (c)(2) of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the third degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to two violations of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.
      (3)   Except as otherwise provided in subsection (c)(3) of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.
      (4)   Except as otherwise provided in subsection (c)(4) of this section, a violation of subsection (b)(1), (2) or (3) of this section is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (b)(1), (2) or (3) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of subsection (b)(1), (2) or (3) of this section is a felony and shall be prosecuted under appropriate state law.
      (5)   A violation of subsection (b)(4) of this section is a misdemeanor of the first degree unless the offender previously has been convicted of or pleaded guilty to any violation of this section in which case the violation is a felony and shall be prosecuted under appropriate state law.
   (d)   (1)   If either of the following applies, the court may determine at the time of sentencing whether to classify the offender as a tier I sex offender/child-victim offender for a violation of subsection (b)(4) of this section:
         A.   The offender is less than ten years older than the other person.
         B.   The offender is ten or more years older than the other person and the offender has not previously been convicted of or pleaded guilty to any violation of this section.
      (2)   If the offender is convicted of or pleads guilty to a violation of subsection (b)(4) of this section, is ten or more years older than the other person, and previously has been convicted of or pleaded guilty to any violation of this section, the court shall issue an order at the time of sentencing that classifies the offender as a tier I sex offender/child-victim offender subject to registration under Ohio R.C. 2950.04, 2950.041, 2950.05 and 2950.06. (ORC 2907.09)
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
   (a)   Procuring. No person, knowingly and for gain, shall do either of the following:
      (1)   A.   Entice or solicit another to patronize a prostitute or brothel;
         B.   Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose of patronizing a prostitute.
      (2)   No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be used for the purpose of engaging in sexual activity for hire.
      (3)   Whoever violates subsection (a)(1)A. or B. of this section is guilty of procuring. Except as otherwise provided in this subsection (c), procuring is a misdemeanor of the first degree. If the prostitute who is procured, patronized or otherwise involved in a violation of subsection (a)(1)B. of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(1)B. of this section knows the prostitute’s age, or if a prostitute who engages in sexual activity for hire in premises used in violation of subsection (a)(2) of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(2) of this section knows the prostitute’s age, procuring is a felony and shall be prosecuted under appropriate state law.
   (b)   Engagement in Sexual Activity for Hire.      
      (1)   As used in this subsection (b) of this section:
         A.   “Person with a developmental disability” has the same meaning as in Ohio R.C. 2905.32.
         B.   “Sexual activity for hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.
      (2)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person.
      (3)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person if the other person is a person with a developmental disability and the offender knows or has reasonable cause to believe that the other person is a person with a developmental disability.
      (4)   Whoever violates subsection (b)(2) of this section is guilty of engaging in prostitution, a misdemeanor of the first degree. Whoever violates subsection (b)(3) of this section is guilty of engaging in prostitution with a person with a developmental disability, a felony to be prosecuted under appropriate state law. In sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court shall require the offender to attend an education or treatment program aimed at preventing persons from inducing, enticing, or procuring another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person. Notwithstanding the fine specified in Ohio R.C. 2929.28(A)(2)(a) for a misdemeanor of the first degree, in sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court may impose upon the offender a fine of not more than one thousand five hundred dollars ($1,500).
         (ORC 2907.231)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

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533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.

533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.

Document typesection
Identifier533.03
Citation§ 533.03
Ordinances detectedS, 116-84, INARY, 10-89, INANCE, ER
Original sourceAmerican Legal Publishing
Content hashc32fc1ffe86f811fbcaab110801d9052935791725b6a33d54dcc4977ad1558c1

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
   As used in this chapter:
   (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 opening 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 such 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)   “Harmful to juveniles” means that quality of any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sado- masochistic abuse in any form to which all of the following apply:
      (1)   The material or performance, when considered as a whole, appeals to the prurient interest of juveniles in sex.
      (2)   The material or performance is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles.
      (3)   The material or performance, when considered as a whole, lacks serious literary, artistic, political and scientific value for juveniles.
   (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 such 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 which 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 which 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 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)   “Licensed medical professional” means any of the following medical professionals:
      (1)    A physician assistant licensed under Ohio R.C. Chapter 4730;
      (2)    A physician authorized under Ohio R.C. Chapter 4731 to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery;
      (3)    A massage therapist licensed under Ohio R.C. Chapter 4731.
   (k)   "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 or text appearing on a computer monitor, television screen, liquid crystal display, or similar display device or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape or similar data storage device.
   (l)   "Performance" means any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed before an audience.
   (m)   "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 Ohio 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.
   (n)   "Minor" means a person under the age of eighteen years.
   (o)   “Mental health client or patient” has the same meaning as in Ohio R.C.2305.51.
   (p)   “Mental health professional” has the same meaning as in Ohio R.C. 2305.115.
   (q)   “Sado-masochistic abuse” means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained.
      (ORC 2907.01)
   (r)   “Knowledge of character” means having general knowledge, or reason to know; or a belief or ground for belief which warrants further inspection or inquiry, of the nature and character of the material or performance involved. A person has such knowledge when he or she knows or is aware that the material or performance contains, depicts or describes sexually explicit nudity, sexual activity, sadomasochistic sexual abuse, or lewd exhibition of the genitals, whichever is applicable, whether or not such person has precise knowledge of the specific contents thereof. Such knowledge may be proven by direct or circumstantial evidence, or both.
   (s)   “Person” means any individual, corporation, company, business, partnership, association, establishment or other legal entity of any kind.
   (t)   “Public place” means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and an establishment which serves food, beverages or food and beverages including, but not limited to, alcoholic beverages, for consumption on the premises including but not limited to, private clubs.
   (u)   “Theater” means a building, play house, room, hall or other place having a permanent parcel stage upon which movable scenery and theatrical or vaudeville or similar performances are given and seats so arranged that a body of spectators can have an unobstructed view of the stage.
      (Ord. 10-89. Passed 2-14-89.)
   (v)   “Place where a person has a reasonable expectation of privacy” means a place where a reasonable person would believe that the person could fully disrobe in private.
   (w)   “Private area” means the genitals, pubic area, buttocks, or female breast below the top of the areola, where nude or covered by an under-garment.
      (ORC 2907.01)
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
   (a)   An owner or manager, or agent or employee of an owner or manager, of a bookstore, newsstand, theater, or other commercial establishment engaged in selling materials or exhibiting performances, who, in the course of business does any of the acts prohibited by Section 533.11, is presumed to have knowledge of the character of the material or performance involved, if the owner, manager, or agent or employee of the owner or manager has actual notice of the nature of such material or performance, whether or not the owner, manager, or agent or employee of the owner or manager has precise knowledge of its contents.
   (b)   Without limitation on the manner in which such notice may be given, actual notice of the character of material or a performance may be given in writing by the chief legal officer of the jurisdiction in which the person to whom the notice is directed does business. Such notice, regardless of the manner in which it is given, shall identify the sender, identify the material or performance involved, state whether it is obscene or harmful to juveniles and bear the date of such notice.
   (c)   Section 533.11 does not apply to a motion picture operator or projectionist acting within the scope of employment as an employee of the owner or manager of a theater or other place for the showing of motion pictures to the general public, and having no managerial responsibility or financial interest in the operator’s or projectionist’s place of employment, other than wages.
   (d)   (1)   Sections 533.11, 533.12(a) and 533.13 do not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection.
      (2)   Subsection (d)(1) of this section does not apply to a person who conspires with an entity actively involved in the creation or knowing distribution of material in violation of Section 533.11, 533.12 or 533.13, or who knowingly advertises the availability of material of that nature.
      (3)   Subsection (d)(1) of this section does not apply to a person who provides access or connection to an electronic method of remotely transferring information that is engaged in the violation of Section 533.11, 533.12 or 533.13, and that contains content that person has selected and introduced into the electronic method of remotely transferring information or content over which that person exercises editorial control.
   (e)   An employer is not guilty of a violation of Section 533.11, 533.12, or 533.13 based on the actions of an employee or agent of the employer unless the employee’s or agent’s conduct is within the scope of employee’s or agent’s employment or agency, and the employer does either of the following:
      (1)   With knowledge of the employee’s or agent’s conduct, the employer authorizes or ratifies the conduct.
      (2)   The employer recklessly disregards the employee’s or agent’s conduct.
   (f)   It is an affirmative defense to a charge under Section 533.11 or 533.13 as the section applies to an image transmitted through the internet or another electronic method of remotely transmitting information that the person charged with violating the section has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by juveniles to material that is harmful to juveniles, including any method that is feasible under available technology.
   (g)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
(ORC 2907.35)
   
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
   (a)   No person, who is eighteen years of age or older, shall engage in sexual conduct with another, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.
   (b)   Whoever violates this section is guilty of unlawful sexual conduct with a minor, a misdemeanor of the first degree. If the offender is four years older or more than the other person, or if the offender has previously been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03 or 2907.04, or former Ohio R.C. 2907.12, unlawful sexual conduct with a minor is a felony and shall be prosecuted under appropriate State law.
(ORC 2907.04)
533.04 SEXUAL IMPOSITION.
   (a)    No person shall have sexual contact with another; cause another to have sexual contact with the offender; or cause two or more other persons to have sexual contact when the offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.
   (b)   No person shall be convicted of a violation of this section solely upon the victim's testimony unsupported by other evidence.
   (c)   Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06 or former Section 2907.12, or a substantially similar municipal ordinance, a violation of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of Ohio R.C. 2907.02, 2907.03, 2907.04 or 2907.05, 2907.06 or former Section 2907.12 or of any combination of those sections, a violation of this section is a misdemeanor of the first degree and, notwithstanding the range of jail terms prescribed in Ohio R.C. 2929.24, the court may impose on the offender a definite jail term of not more than one year. (ORC 2907.06)
533.05 IMPORTUNING.
   (EDITOR’S NOTE: Former Section 533.05 has been deleted from the Codified Ordinances. Section 533.05 was identical to Ohio R.C. 2907.07(B) which the Ohio Supreme Court held to be unconstitutional in State v. Thompson, 95 Ohio St. 3rd 264 (2002).)
533.06 VOYEURISM.
   (a)   No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.
   (b)   No person shall knowingly commit trespass or otherwise secretly or surreptitiously videotape, film, photograph, broadcast, stream, or otherwise record another person, in a place where a person has a reasonable expectation of privacy, for the purpose of viewing the private areas of that person.
   (c)   No person shall secretly or surreptitiously videotape, film, photograph, or otherwise record another person above, under or through the clothing being worn by that other person for the purpose of viewing the body of, or the undergarments worn by, that other person.
   (d)   Whoever violates this section is guilty of voyeurism.
      (1)   A violation of subsection (a) hereof is a misdemeanor of the third degree.
      (2)   A violation of subsection (b) hereof is a misdemeanor of the second degree.
      (3)   A violation of subsection (c) hereof is a misdemeanor of the first degree. (ORC 2907.08)
533.07 PUBLIC INDECENCY.
   (a)   No person shall recklessly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront others, who are in the person’s physical proximity and who are not members of the person’s household:
      (1)   Expose the person’s private parts;
      (2)   Engage in sexual conduct or masturbation;
      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.
   (b)   No person shall knowingly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront another person who is in the person’s physical proximity, who is a minor, and who is not the spouse of the offender:
      (1)   Engage in masturbation;
      (2)   Engage in sexual conduct;
      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation;
      (4)   Expose the person’s private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.
   (c)   (1)   Whoever violates this section is guilty of public indecency and shall be punished as provided in subsections (c)(2), (3), (4) and (5) of this section.
      (2)   Except as otherwise provided in subsection (c)(2) of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the third degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to two violations of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.
      (3)   Except as otherwise provided in subsection (c)(3) of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.
      (4)   Except as otherwise provided in subsection (c)(4) of this section, a violation of subsection (b)(1), (2) or (3) of this section is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (b)(1), (2) or (3) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of subsection (b)(1), (2) or (3) of this section is a felony and shall be prosecuted under appropriate state law.
      (5)   A violation of subsection (b)(4) of this section is a misdemeanor of the first degree unless the offender previously has been convicted of or pleaded guilty to any violation of this section in which case the violation is a felony and shall be prosecuted under appropriate state law.
   (d)   (1)   If either of the following applies, the court may determine at the time of sentencing whether to classify the offender as a tier I sex offender/child-victim offender for a violation of subsection (b)(4) of this section:
         A.   The offender is less than ten years older than the other person.
         B.   The offender is ten or more years older than the other person and the offender has not previously been convicted of or pleaded guilty to any violation of this section.
      (2)   If the offender is convicted of or pleads guilty to a violation of subsection (b)(4) of this section, is ten or more years older than the other person, and previously has been convicted of or pleaded guilty to any violation of this section, the court shall issue an order at the time of sentencing that classifies the offender as a tier I sex offender/child-victim offender subject to registration under Ohio R.C. 2950.04, 2950.041, 2950.05 and 2950.06. (ORC 2907.09)
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
   (a)   Procuring. No person, knowingly and for gain, shall do either of the following:
      (1)   A.   Entice or solicit another to patronize a prostitute or brothel;
         B.   Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose of patronizing a prostitute.
      (2)   No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be used for the purpose of engaging in sexual activity for hire.
      (3)   Whoever violates subsection (a)(1)A. or B. of this section is guilty of procuring. Except as otherwise provided in this subsection (c), procuring is a misdemeanor of the first degree. If the prostitute who is procured, patronized or otherwise involved in a violation of subsection (a)(1)B. of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(1)B. of this section knows the prostitute’s age, or if a prostitute who engages in sexual activity for hire in premises used in violation of subsection (a)(2) of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(2) of this section knows the prostitute’s age, procuring is a felony and shall be prosecuted under appropriate state law.
   (b)   Engagement in Sexual Activity for Hire.      
      (1)   As used in this subsection (b) of this section:
         A.   “Person with a developmental disability” has the same meaning as in Ohio R.C. 2905.32.
         B.   “Sexual activity for hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.
      (2)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person.
      (3)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person if the other person is a person with a developmental disability and the offender knows or has reasonable cause to believe that the other person is a person with a developmental disability.
      (4)   Whoever violates subsection (b)(2) of this section is guilty of engaging in prostitution, a misdemeanor of the first degree. Whoever violates subsection (b)(3) of this section is guilty of engaging in prostitution with a person with a developmental disability, a felony to be prosecuted under appropriate state law. In sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court shall require the offender to attend an education or treatment program aimed at preventing persons from inducing, enticing, or procuring another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person. Notwithstanding the fine specified in Ohio R.C. 2929.28(A)(2)(a) for a misdemeanor of the first degree, in sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court may impose upon the offender a fine of not more than one thousand five hundred dollars ($1,500).
         (ORC 2907.231)
533.09 SOLICITING.
   (a)   No person shall knowingly solicit another to engage in sexual activity for hire in exchange for the person receiving anything of value from the other person.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
   (c)   As used in subsection (a) of this section, “Sexual Activity for Hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any
person associated with either such person.
   (d)    (1)    Whoever violates subsection (a) of this section is guilty of soliciting. Soliciting is a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of engaging in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law. (ORC 2907.24)
533.091 LOITERING TO ENGAGE IN SOLICITATION.
   (a)   No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:
      (1)   Beckon to, stop or attempt to stop another;
      (2)   Engage or attempt to engage another in conversation;
      (3)   Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;
      (4)   If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;
      (5)   Interfere with the free passage of another.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
   (c)   As used in subsection (a) of this section:
      (1)   “Public Place”. Means any of the following:
         A.   A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot or transportation facility.
         B.   A doorway or entrance way to a building that fronts on a place described in subsection (c)(1)A. of this definition.
         C.   A place not described in subsection (c)(1)A. or B. of this definition that is open to the public.
      (2)   “Vehicle”. Has the same meaning as in Ohio R.C. 4501.01.
   (d)   (1)    Whoever violates subsection (a) of this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of loitering to engage in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law.
         (ORC 2907.24, 2907.241)
533.10 PROSTITUTION.
   (a)   No person shall engage in sexual activity for hire.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in sexual activity for hire.
   (c)   (1)    Whoever violates subsection (a) of this section is guilty of prostitution, a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of engaging in prostitution after a positive HIV test, a felony to be prosecuted under appropriate state law.
         (ORC 2907.25)
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
   (a)   No person, with knowledge of its character or content, shall recklessly do any of the following:
      (1)   Directly sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (2)   Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (3)   While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile to review or peruse any material or view any live performance that is harmful to juveniles.
   (b)   The following are affirmative defenses to a charge under this section, that involves material or a performance that is harmful to juveniles but not obscene:
      (1)   The defendant is the parent, guardian or spouse of the juvenile involved.
      (2)   The juvenile involved, at the time of the conduct in question, was accompanied by the juvenile’s parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
      (3)   The juvenile exhibited to the defendant or the defendant’s agent or employee a draft card, driver's license, birth certificate, marriage license, or other official or apparently official document purporting to show that the juvenile was eighteen years of age or over or married, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of eighteen and unmarried.
   (c)   (1)   It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or harmful to juveniles, that the material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
      (2)   Except as provided in subsection (b)(3) hereof, mistake of age is not a defense to a charge under this section.
   (d)   (1)   A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents, or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present material or a performance to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section by means of an electronic method of remotely transmitting information if the person knows or has reason to believe that the person receiving the information is a juvenile or the group of persons receiving the information are juveniles.
      (2)   A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or performance in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section if either of the following applies:
         A.   The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.
         B.   The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.
   (e)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
   (f)   Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance involved is harmful to juveniles, except as otherwise provided in this subsection, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, a violation of this section is a felony and shall be prosecuted under appropriate State law. (ORC 2907.31)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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533.04 SEXUAL IMPOSITION.

533.04 SEXUAL IMPOSITION.

Document typesection
Identifier533.04
Citation§ 533.04
Ordinances detectedS, 116-84, INANCE, INARY, ER
Original sourceAmerican Legal Publishing
Content hashb4a8fa167c4d438f1956a547cce505082343e49d8cbdc02a8e7893c86a25c639

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.04 SEXUAL IMPOSITION.
CHAPTER 533 Obscenity and Sex Offenses
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
   (a)   An owner or manager, or agent or employee of an owner or manager, of a bookstore, newsstand, theater, or other commercial establishment engaged in selling materials or exhibiting performances, who, in the course of business does any of the acts prohibited by Section 533.11, is presumed to have knowledge of the character of the material or performance involved, if the owner, manager, or agent or employee of the owner or manager has actual notice of the nature of such material or performance, whether or not the owner, manager, or agent or employee of the owner or manager has precise knowledge of its contents.
   (b)   Without limitation on the manner in which such notice may be given, actual notice of the character of material or a performance may be given in writing by the chief legal officer of the jurisdiction in which the person to whom the notice is directed does business. Such notice, regardless of the manner in which it is given, shall identify the sender, identify the material or performance involved, state whether it is obscene or harmful to juveniles and bear the date of such notice.
   (c)   Section 533.11 does not apply to a motion picture operator or projectionist acting within the scope of employment as an employee of the owner or manager of a theater or other place for the showing of motion pictures to the general public, and having no managerial responsibility or financial interest in the operator’s or projectionist’s place of employment, other than wages.
   (d)   (1)   Sections 533.11, 533.12(a) and 533.13 do not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection.
      (2)   Subsection (d)(1) of this section does not apply to a person who conspires with an entity actively involved in the creation or knowing distribution of material in violation of Section 533.11, 533.12 or 533.13, or who knowingly advertises the availability of material of that nature.
      (3)   Subsection (d)(1) of this section does not apply to a person who provides access or connection to an electronic method of remotely transferring information that is engaged in the violation of Section 533.11, 533.12 or 533.13, and that contains content that person has selected and introduced into the electronic method of remotely transferring information or content over which that person exercises editorial control.
   (e)   An employer is not guilty of a violation of Section 533.11, 533.12, or 533.13 based on the actions of an employee or agent of the employer unless the employee’s or agent’s conduct is within the scope of employee’s or agent’s employment or agency, and the employer does either of the following:
      (1)   With knowledge of the employee’s or agent’s conduct, the employer authorizes or ratifies the conduct.
      (2)   The employer recklessly disregards the employee’s or agent’s conduct.
   (f)   It is an affirmative defense to a charge under Section 533.11 or 533.13 as the section applies to an image transmitted through the internet or another electronic method of remotely transmitting information that the person charged with violating the section has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by juveniles to material that is harmful to juveniles, including any method that is feasible under available technology.
   (g)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
(ORC 2907.35)
   
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
   (a)   No person, who is eighteen years of age or older, shall engage in sexual conduct with another, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.
   (b)   Whoever violates this section is guilty of unlawful sexual conduct with a minor, a misdemeanor of the first degree. If the offender is four years older or more than the other person, or if the offender has previously been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03 or 2907.04, or former Ohio R.C. 2907.12, unlawful sexual conduct with a minor is a felony and shall be prosecuted under appropriate State law.
(ORC 2907.04)
533.04 SEXUAL IMPOSITION.
   (a)    No person shall have sexual contact with another; cause another to have sexual contact with the offender; or cause two or more other persons to have sexual contact when the offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.
   (b)   No person shall be convicted of a violation of this section solely upon the victim's testimony unsupported by other evidence.
   (c)   Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06 or former Section 2907.12, or a substantially similar municipal ordinance, a violation of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of Ohio R.C. 2907.02, 2907.03, 2907.04 or 2907.05, 2907.06 or former Section 2907.12 or of any combination of those sections, a violation of this section is a misdemeanor of the first degree and, notwithstanding the range of jail terms prescribed in Ohio R.C. 2929.24, the court may impose on the offender a definite jail term of not more than one year. (ORC 2907.06)
533.05 IMPORTUNING.
   (EDITOR’S NOTE: Former Section 533.05 has been deleted from the Codified Ordinances. Section 533.05 was identical to Ohio R.C. 2907.07(B) which the Ohio Supreme Court held to be unconstitutional in State v. Thompson, 95 Ohio St. 3rd 264 (2002).)
533.06 VOYEURISM.
   (a)   No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.
   (b)   No person shall knowingly commit trespass or otherwise secretly or surreptitiously videotape, film, photograph, broadcast, stream, or otherwise record another person, in a place where a person has a reasonable expectation of privacy, for the purpose of viewing the private areas of that person.
   (c)   No person shall secretly or surreptitiously videotape, film, photograph, or otherwise record another person above, under or through the clothing being worn by that other person for the purpose of viewing the body of, or the undergarments worn by, that other person.
   (d)   Whoever violates this section is guilty of voyeurism.
      (1)   A violation of subsection (a) hereof is a misdemeanor of the third degree.
      (2)   A violation of subsection (b) hereof is a misdemeanor of the second degree.
      (3)   A violation of subsection (c) hereof is a misdemeanor of the first degree. (ORC 2907.08)
533.07 PUBLIC INDECENCY.
   (a)   No person shall recklessly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront others, who are in the person’s physical proximity and who are not members of the person’s household:
      (1)   Expose the person’s private parts;
      (2)   Engage in sexual conduct or masturbation;
      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.
   (b)   No person shall knowingly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront another person who is in the person’s physical proximity, who is a minor, and who is not the spouse of the offender:
      (1)   Engage in masturbation;
      (2)   Engage in sexual conduct;
      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation;
      (4)   Expose the person’s private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.
   (c)   (1)   Whoever violates this section is guilty of public indecency and shall be punished as provided in subsections (c)(2), (3), (4) and (5) of this section.
      (2)   Except as otherwise provided in subsection (c)(2) of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the third degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to two violations of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.
      (3)   Except as otherwise provided in subsection (c)(3) of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.
      (4)   Except as otherwise provided in subsection (c)(4) of this section, a violation of subsection (b)(1), (2) or (3) of this section is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (b)(1), (2) or (3) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of subsection (b)(1), (2) or (3) of this section is a felony and shall be prosecuted under appropriate state law.
      (5)   A violation of subsection (b)(4) of this section is a misdemeanor of the first degree unless the offender previously has been convicted of or pleaded guilty to any violation of this section in which case the violation is a felony and shall be prosecuted under appropriate state law.
   (d)   (1)   If either of the following applies, the court may determine at the time of sentencing whether to classify the offender as a tier I sex offender/child-victim offender for a violation of subsection (b)(4) of this section:
         A.   The offender is less than ten years older than the other person.
         B.   The offender is ten or more years older than the other person and the offender has not previously been convicted of or pleaded guilty to any violation of this section.
      (2)   If the offender is convicted of or pleads guilty to a violation of subsection (b)(4) of this section, is ten or more years older than the other person, and previously has been convicted of or pleaded guilty to any violation of this section, the court shall issue an order at the time of sentencing that classifies the offender as a tier I sex offender/child-victim offender subject to registration under Ohio R.C. 2950.04, 2950.041, 2950.05 and 2950.06. (ORC 2907.09)
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
   (a)   Procuring. No person, knowingly and for gain, shall do either of the following:
      (1)   A.   Entice or solicit another to patronize a prostitute or brothel;
         B.   Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose of patronizing a prostitute.
      (2)   No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be used for the purpose of engaging in sexual activity for hire.
      (3)   Whoever violates subsection (a)(1)A. or B. of this section is guilty of procuring. Except as otherwise provided in this subsection (c), procuring is a misdemeanor of the first degree. If the prostitute who is procured, patronized or otherwise involved in a violation of subsection (a)(1)B. of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(1)B. of this section knows the prostitute’s age, or if a prostitute who engages in sexual activity for hire in premises used in violation of subsection (a)(2) of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(2) of this section knows the prostitute’s age, procuring is a felony and shall be prosecuted under appropriate state law.
   (b)   Engagement in Sexual Activity for Hire.      
      (1)   As used in this subsection (b) of this section:
         A.   “Person with a developmental disability” has the same meaning as in Ohio R.C. 2905.32.
         B.   “Sexual activity for hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.
      (2)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person.
      (3)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person if the other person is a person with a developmental disability and the offender knows or has reasonable cause to believe that the other person is a person with a developmental disability.
      (4)   Whoever violates subsection (b)(2) of this section is guilty of engaging in prostitution, a misdemeanor of the first degree. Whoever violates subsection (b)(3) of this section is guilty of engaging in prostitution with a person with a developmental disability, a felony to be prosecuted under appropriate state law. In sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court shall require the offender to attend an education or treatment program aimed at preventing persons from inducing, enticing, or procuring another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person. Notwithstanding the fine specified in Ohio R.C. 2929.28(A)(2)(a) for a misdemeanor of the first degree, in sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court may impose upon the offender a fine of not more than one thousand five hundred dollars ($1,500).
         (ORC 2907.231)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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533.05 IMPORTUNING.

533.05 IMPORTUNING.

Document typesection
Identifier533.05
Citation§ 533.05
Ordinances detectedS, 116-84, INANCE, INARY, ER
Original sourceAmerican Legal Publishing
Content hash5336115ad9e6ba345c0f6ba274469785f893dd0312f6e8bc48a99248dfdc2087

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.05 IMPORTUNING.
CHAPTER 533 Obscenity and Sex Offenses
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
   (a)   An owner or manager, or agent or employee of an owner or manager, of a bookstore, newsstand, theater, or other commercial establishment engaged in selling materials or exhibiting performances, who, in the course of business does any of the acts prohibited by Section 533.11, is presumed to have knowledge of the character of the material or performance involved, if the owner, manager, or agent or employee of the owner or manager has actual notice of the nature of such material or performance, whether or not the owner, manager, or agent or employee of the owner or manager has precise knowledge of its contents.
   (b)   Without limitation on the manner in which such notice may be given, actual notice of the character of material or a performance may be given in writing by the chief legal officer of the jurisdiction in which the person to whom the notice is directed does business. Such notice, regardless of the manner in which it is given, shall identify the sender, identify the material or performance involved, state whether it is obscene or harmful to juveniles and bear the date of such notice.
   (c)   Section 533.11 does not apply to a motion picture operator or projectionist acting within the scope of employment as an employee of the owner or manager of a theater or other place for the showing of motion pictures to the general public, and having no managerial responsibility or financial interest in the operator’s or projectionist’s place of employment, other than wages.
   (d)   (1)   Sections 533.11, 533.12(a) and 533.13 do not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection.
      (2)   Subsection (d)(1) of this section does not apply to a person who conspires with an entity actively involved in the creation or knowing distribution of material in violation of Section 533.11, 533.12 or 533.13, or who knowingly advertises the availability of material of that nature.
      (3)   Subsection (d)(1) of this section does not apply to a person who provides access or connection to an electronic method of remotely transferring information that is engaged in the violation of Section 533.11, 533.12 or 533.13, and that contains content that person has selected and introduced into the electronic method of remotely transferring information or content over which that person exercises editorial control.
   (e)   An employer is not guilty of a violation of Section 533.11, 533.12, or 533.13 based on the actions of an employee or agent of the employer unless the employee’s or agent’s conduct is within the scope of employee’s or agent’s employment or agency, and the employer does either of the following:
      (1)   With knowledge of the employee’s or agent’s conduct, the employer authorizes or ratifies the conduct.
      (2)   The employer recklessly disregards the employee’s or agent’s conduct.
   (f)   It is an affirmative defense to a charge under Section 533.11 or 533.13 as the section applies to an image transmitted through the internet or another electronic method of remotely transmitting information that the person charged with violating the section has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by juveniles to material that is harmful to juveniles, including any method that is feasible under available technology.
   (g)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
(ORC 2907.35)
   
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
   (a)   No person, who is eighteen years of age or older, shall engage in sexual conduct with another, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.
   (b)   Whoever violates this section is guilty of unlawful sexual conduct with a minor, a misdemeanor of the first degree. If the offender is four years older or more than the other person, or if the offender has previously been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03 or 2907.04, or former Ohio R.C. 2907.12, unlawful sexual conduct with a minor is a felony and shall be prosecuted under appropriate State law.
(ORC 2907.04)
533.04 SEXUAL IMPOSITION.
   (a)    No person shall have sexual contact with another; cause another to have sexual contact with the offender; or cause two or more other persons to have sexual contact when the offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.
   (b)   No person shall be convicted of a violation of this section solely upon the victim's testimony unsupported by other evidence.
   (c)   Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06 or former Section 2907.12, or a substantially similar municipal ordinance, a violation of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of Ohio R.C. 2907.02, 2907.03, 2907.04 or 2907.05, 2907.06 or former Section 2907.12 or of any combination of those sections, a violation of this section is a misdemeanor of the first degree and, notwithstanding the range of jail terms prescribed in Ohio R.C. 2929.24, the court may impose on the offender a definite jail term of not more than one year. (ORC 2907.06)
533.05 IMPORTUNING.
   (EDITOR’S NOTE: Former Section 533.05 has been deleted from the Codified Ordinances. Section 533.05 was identical to Ohio R.C. 2907.07(B) which the Ohio Supreme Court held to be unconstitutional in State v. Thompson, 95 Ohio St. 3rd 264 (2002).)
533.06 VOYEURISM.
   (a)   No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.
   (b)   No person shall knowingly commit trespass or otherwise secretly or surreptitiously videotape, film, photograph, broadcast, stream, or otherwise record another person, in a place where a person has a reasonable expectation of privacy, for the purpose of viewing the private areas of that person.
   (c)   No person shall secretly or surreptitiously videotape, film, photograph, or otherwise record another person above, under or through the clothing being worn by that other person for the purpose of viewing the body of, or the undergarments worn by, that other person.
   (d)   Whoever violates this section is guilty of voyeurism.
      (1)   A violation of subsection (a) hereof is a misdemeanor of the third degree.
      (2)   A violation of subsection (b) hereof is a misdemeanor of the second degree.
      (3)   A violation of subsection (c) hereof is a misdemeanor of the first degree. (ORC 2907.08)
533.07 PUBLIC INDECENCY.
   (a)   No person shall recklessly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront others, who are in the person’s physical proximity and who are not members of the person’s household:
      (1)   Expose the person’s private parts;
      (2)   Engage in sexual conduct or masturbation;
      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.
   (b)   No person shall knowingly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront another person who is in the person’s physical proximity, who is a minor, and who is not the spouse of the offender:
      (1)   Engage in masturbation;
      (2)   Engage in sexual conduct;
      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation;
      (4)   Expose the person’s private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.
   (c)   (1)   Whoever violates this section is guilty of public indecency and shall be punished as provided in subsections (c)(2), (3), (4) and (5) of this section.
      (2)   Except as otherwise provided in subsection (c)(2) of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the third degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to two violations of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.
      (3)   Except as otherwise provided in subsection (c)(3) of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.
      (4)   Except as otherwise provided in subsection (c)(4) of this section, a violation of subsection (b)(1), (2) or (3) of this section is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (b)(1), (2) or (3) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of subsection (b)(1), (2) or (3) of this section is a felony and shall be prosecuted under appropriate state law.
      (5)   A violation of subsection (b)(4) of this section is a misdemeanor of the first degree unless the offender previously has been convicted of or pleaded guilty to any violation of this section in which case the violation is a felony and shall be prosecuted under appropriate state law.
   (d)   (1)   If either of the following applies, the court may determine at the time of sentencing whether to classify the offender as a tier I sex offender/child-victim offender for a violation of subsection (b)(4) of this section:
         A.   The offender is less than ten years older than the other person.
         B.   The offender is ten or more years older than the other person and the offender has not previously been convicted of or pleaded guilty to any violation of this section.
      (2)   If the offender is convicted of or pleads guilty to a violation of subsection (b)(4) of this section, is ten or more years older than the other person, and previously has been convicted of or pleaded guilty to any violation of this section, the court shall issue an order at the time of sentencing that classifies the offender as a tier I sex offender/child-victim offender subject to registration under Ohio R.C. 2950.04, 2950.041, 2950.05 and 2950.06. (ORC 2907.09)
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
   (a)   Procuring. No person, knowingly and for gain, shall do either of the following:
      (1)   A.   Entice or solicit another to patronize a prostitute or brothel;
         B.   Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose of patronizing a prostitute.
      (2)   No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be used for the purpose of engaging in sexual activity for hire.
      (3)   Whoever violates subsection (a)(1)A. or B. of this section is guilty of procuring. Except as otherwise provided in this subsection (c), procuring is a misdemeanor of the first degree. If the prostitute who is procured, patronized or otherwise involved in a violation of subsection (a)(1)B. of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(1)B. of this section knows the prostitute’s age, or if a prostitute who engages in sexual activity for hire in premises used in violation of subsection (a)(2) of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(2) of this section knows the prostitute’s age, procuring is a felony and shall be prosecuted under appropriate state law.
   (b)   Engagement in Sexual Activity for Hire.      
      (1)   As used in this subsection (b) of this section:
         A.   “Person with a developmental disability” has the same meaning as in Ohio R.C. 2905.32.
         B.   “Sexual activity for hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.
      (2)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person.
      (3)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person if the other person is a person with a developmental disability and the offender knows or has reasonable cause to believe that the other person is a person with a developmental disability.
      (4)   Whoever violates subsection (b)(2) of this section is guilty of engaging in prostitution, a misdemeanor of the first degree. Whoever violates subsection (b)(3) of this section is guilty of engaging in prostitution with a person with a developmental disability, a felony to be prosecuted under appropriate state law. In sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court shall require the offender to attend an education or treatment program aimed at preventing persons from inducing, enticing, or procuring another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person. Notwithstanding the fine specified in Ohio R.C. 2929.28(A)(2)(a) for a misdemeanor of the first degree, in sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court may impose upon the offender a fine of not more than one thousand five hundred dollars ($1,500).
         (ORC 2907.231)
533.09 SOLICITING.
   (a)   No person shall knowingly solicit another to engage in sexual activity for hire in exchange for the person receiving anything of value from the other person.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
   (c)   As used in subsection (a) of this section, “Sexual Activity for Hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any
person associated with either such person.
   (d)    (1)    Whoever violates subsection (a) of this section is guilty of soliciting. Soliciting is a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of engaging in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law. (ORC 2907.24)

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533.06 VOYEURISM.

533.06 VOYEURISM.

Document typesection
Identifier533.06
Citation§ 533.06
Ordinances detectedS, 116-84, INANCE, INARY, ER
Original sourceAmerican Legal Publishing
Content hash950e1ff15501f663ba1c44590b4887d81792674e6095a80a7a41705c58f15f0b

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.06 VOYEURISM.
CHAPTER 533 Obscenity and Sex Offenses
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
   (a)   An owner or manager, or agent or employee of an owner or manager, of a bookstore, newsstand, theater, or other commercial establishment engaged in selling materials or exhibiting performances, who, in the course of business does any of the acts prohibited by Section 533.11, is presumed to have knowledge of the character of the material or performance involved, if the owner, manager, or agent or employee of the owner or manager has actual notice of the nature of such material or performance, whether or not the owner, manager, or agent or employee of the owner or manager has precise knowledge of its contents.
   (b)   Without limitation on the manner in which such notice may be given, actual notice of the character of material or a performance may be given in writing by the chief legal officer of the jurisdiction in which the person to whom the notice is directed does business. Such notice, regardless of the manner in which it is given, shall identify the sender, identify the material or performance involved, state whether it is obscene or harmful to juveniles and bear the date of such notice.
   (c)   Section 533.11 does not apply to a motion picture operator or projectionist acting within the scope of employment as an employee of the owner or manager of a theater or other place for the showing of motion pictures to the general public, and having no managerial responsibility or financial interest in the operator’s or projectionist’s place of employment, other than wages.
   (d)   (1)   Sections 533.11, 533.12(a) and 533.13 do not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection.
      (2)   Subsection (d)(1) of this section does not apply to a person who conspires with an entity actively involved in the creation or knowing distribution of material in violation of Section 533.11, 533.12 or 533.13, or who knowingly advertises the availability of material of that nature.
      (3)   Subsection (d)(1) of this section does not apply to a person who provides access or connection to an electronic method of remotely transferring information that is engaged in the violation of Section 533.11, 533.12 or 533.13, and that contains content that person has selected and introduced into the electronic method of remotely transferring information or content over which that person exercises editorial control.
   (e)   An employer is not guilty of a violation of Section 533.11, 533.12, or 533.13 based on the actions of an employee or agent of the employer unless the employee’s or agent’s conduct is within the scope of employee’s or agent’s employment or agency, and the employer does either of the following:
      (1)   With knowledge of the employee’s or agent’s conduct, the employer authorizes or ratifies the conduct.
      (2)   The employer recklessly disregards the employee’s or agent’s conduct.
   (f)   It is an affirmative defense to a charge under Section 533.11 or 533.13 as the section applies to an image transmitted through the internet or another electronic method of remotely transmitting information that the person charged with violating the section has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by juveniles to material that is harmful to juveniles, including any method that is feasible under available technology.
   (g)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
(ORC 2907.35)
   
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
   (a)   No person, who is eighteen years of age or older, shall engage in sexual conduct with another, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.
   (b)   Whoever violates this section is guilty of unlawful sexual conduct with a minor, a misdemeanor of the first degree. If the offender is four years older or more than the other person, or if the offender has previously been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03 or 2907.04, or former Ohio R.C. 2907.12, unlawful sexual conduct with a minor is a felony and shall be prosecuted under appropriate State law.
(ORC 2907.04)
533.04 SEXUAL IMPOSITION.
   (a)    No person shall have sexual contact with another; cause another to have sexual contact with the offender; or cause two or more other persons to have sexual contact when the offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.
   (b)   No person shall be convicted of a violation of this section solely upon the victim's testimony unsupported by other evidence.
   (c)   Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06 or former Section 2907.12, or a substantially similar municipal ordinance, a violation of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of Ohio R.C. 2907.02, 2907.03, 2907.04 or 2907.05, 2907.06 or former Section 2907.12 or of any combination of those sections, a violation of this section is a misdemeanor of the first degree and, notwithstanding the range of jail terms prescribed in Ohio R.C. 2929.24, the court may impose on the offender a definite jail term of not more than one year. (ORC 2907.06)
533.05 IMPORTUNING.
   (EDITOR’S NOTE: Former Section 533.05 has been deleted from the Codified Ordinances. Section 533.05 was identical to Ohio R.C. 2907.07(B) which the Ohio Supreme Court held to be unconstitutional in State v. Thompson, 95 Ohio St. 3rd 264 (2002).)
533.06 VOYEURISM.
   (a)   No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.
   (b)   No person shall knowingly commit trespass or otherwise secretly or surreptitiously videotape, film, photograph, broadcast, stream, or otherwise record another person, in a place where a person has a reasonable expectation of privacy, for the purpose of viewing the private areas of that person.
   (c)   No person shall secretly or surreptitiously videotape, film, photograph, or otherwise record another person above, under or through the clothing being worn by that other person for the purpose of viewing the body of, or the undergarments worn by, that other person.
   (d)   Whoever violates this section is guilty of voyeurism.
      (1)   A violation of subsection (a) hereof is a misdemeanor of the third degree.
      (2)   A violation of subsection (b) hereof is a misdemeanor of the second degree.
      (3)   A violation of subsection (c) hereof is a misdemeanor of the first degree. (ORC 2907.08)
533.07 PUBLIC INDECENCY.
   (a)   No person shall recklessly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront others, who are in the person’s physical proximity and who are not members of the person’s household:
      (1)   Expose the person’s private parts;
      (2)   Engage in sexual conduct or masturbation;
      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.
   (b)   No person shall knowingly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront another person who is in the person’s physical proximity, who is a minor, and who is not the spouse of the offender:
      (1)   Engage in masturbation;
      (2)   Engage in sexual conduct;
      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation;
      (4)   Expose the person’s private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.
   (c)   (1)   Whoever violates this section is guilty of public indecency and shall be punished as provided in subsections (c)(2), (3), (4) and (5) of this section.
      (2)   Except as otherwise provided in subsection (c)(2) of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the third degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to two violations of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.
      (3)   Except as otherwise provided in subsection (c)(3) of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.
      (4)   Except as otherwise provided in subsection (c)(4) of this section, a violation of subsection (b)(1), (2) or (3) of this section is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (b)(1), (2) or (3) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of subsection (b)(1), (2) or (3) of this section is a felony and shall be prosecuted under appropriate state law.
      (5)   A violation of subsection (b)(4) of this section is a misdemeanor of the first degree unless the offender previously has been convicted of or pleaded guilty to any violation of this section in which case the violation is a felony and shall be prosecuted under appropriate state law.
   (d)   (1)   If either of the following applies, the court may determine at the time of sentencing whether to classify the offender as a tier I sex offender/child-victim offender for a violation of subsection (b)(4) of this section:
         A.   The offender is less than ten years older than the other person.
         B.   The offender is ten or more years older than the other person and the offender has not previously been convicted of or pleaded guilty to any violation of this section.
      (2)   If the offender is convicted of or pleads guilty to a violation of subsection (b)(4) of this section, is ten or more years older than the other person, and previously has been convicted of or pleaded guilty to any violation of this section, the court shall issue an order at the time of sentencing that classifies the offender as a tier I sex offender/child-victim offender subject to registration under Ohio R.C. 2950.04, 2950.041, 2950.05 and 2950.06. (ORC 2907.09)
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
   (a)   Procuring. No person, knowingly and for gain, shall do either of the following:
      (1)   A.   Entice or solicit another to patronize a prostitute or brothel;
         B.   Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose of patronizing a prostitute.
      (2)   No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be used for the purpose of engaging in sexual activity for hire.
      (3)   Whoever violates subsection (a)(1)A. or B. of this section is guilty of procuring. Except as otherwise provided in this subsection (c), procuring is a misdemeanor of the first degree. If the prostitute who is procured, patronized or otherwise involved in a violation of subsection (a)(1)B. of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(1)B. of this section knows the prostitute’s age, or if a prostitute who engages in sexual activity for hire in premises used in violation of subsection (a)(2) of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(2) of this section knows the prostitute’s age, procuring is a felony and shall be prosecuted under appropriate state law.
   (b)   Engagement in Sexual Activity for Hire.      
      (1)   As used in this subsection (b) of this section:
         A.   “Person with a developmental disability” has the same meaning as in Ohio R.C. 2905.32.
         B.   “Sexual activity for hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.
      (2)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person.
      (3)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person if the other person is a person with a developmental disability and the offender knows or has reasonable cause to believe that the other person is a person with a developmental disability.
      (4)   Whoever violates subsection (b)(2) of this section is guilty of engaging in prostitution, a misdemeanor of the first degree. Whoever violates subsection (b)(3) of this section is guilty of engaging in prostitution with a person with a developmental disability, a felony to be prosecuted under appropriate state law. In sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court shall require the offender to attend an education or treatment program aimed at preventing persons from inducing, enticing, or procuring another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person. Notwithstanding the fine specified in Ohio R.C. 2929.28(A)(2)(a) for a misdemeanor of the first degree, in sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court may impose upon the offender a fine of not more than one thousand five hundred dollars ($1,500).
         (ORC 2907.231)
533.09 SOLICITING.
   (a)   No person shall knowingly solicit another to engage in sexual activity for hire in exchange for the person receiving anything of value from the other person.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
   (c)   As used in subsection (a) of this section, “Sexual Activity for Hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any
person associated with either such person.
   (d)    (1)    Whoever violates subsection (a) of this section is guilty of soliciting. Soliciting is a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of engaging in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law. (ORC 2907.24)
533.091 LOITERING TO ENGAGE IN SOLICITATION.
   (a)   No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:
      (1)   Beckon to, stop or attempt to stop another;
      (2)   Engage or attempt to engage another in conversation;
      (3)   Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;
      (4)   If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;
      (5)   Interfere with the free passage of another.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
   (c)   As used in subsection (a) of this section:
      (1)   “Public Place”. Means any of the following:
         A.   A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot or transportation facility.
         B.   A doorway or entrance way to a building that fronts on a place described in subsection (c)(1)A. of this definition.
         C.   A place not described in subsection (c)(1)A. or B. of this definition that is open to the public.
      (2)   “Vehicle”. Has the same meaning as in Ohio R.C. 4501.01.
   (d)   (1)    Whoever violates subsection (a) of this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of loitering to engage in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law.
         (ORC 2907.24, 2907.241)

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533.07 PUBLIC INDECENCY.

533.07 PUBLIC INDECENCY.

Document typesection
Identifier533.07
Citation§ 533.07
Ordinances detectedS, 116-84, INANCE, INARY, ER
Original sourceAmerican Legal Publishing
Content hash09c7fd858323210dcce41296266f77b432e2e24a6a9b434b8a8d0f5c6f49dabe

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.07 PUBLIC INDECENCY.
CHAPTER 533 Obscenity and Sex Offenses
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
   (a)   An owner or manager, or agent or employee of an owner or manager, of a bookstore, newsstand, theater, or other commercial establishment engaged in selling materials or exhibiting performances, who, in the course of business does any of the acts prohibited by Section 533.11, is presumed to have knowledge of the character of the material or performance involved, if the owner, manager, or agent or employee of the owner or manager has actual notice of the nature of such material or performance, whether or not the owner, manager, or agent or employee of the owner or manager has precise knowledge of its contents.
   (b)   Without limitation on the manner in which such notice may be given, actual notice of the character of material or a performance may be given in writing by the chief legal officer of the jurisdiction in which the person to whom the notice is directed does business. Such notice, regardless of the manner in which it is given, shall identify the sender, identify the material or performance involved, state whether it is obscene or harmful to juveniles and bear the date of such notice.
   (c)   Section 533.11 does not apply to a motion picture operator or projectionist acting within the scope of employment as an employee of the owner or manager of a theater or other place for the showing of motion pictures to the general public, and having no managerial responsibility or financial interest in the operator’s or projectionist’s place of employment, other than wages.
   (d)   (1)   Sections 533.11, 533.12(a) and 533.13 do not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection.
      (2)   Subsection (d)(1) of this section does not apply to a person who conspires with an entity actively involved in the creation or knowing distribution of material in violation of Section 533.11, 533.12 or 533.13, or who knowingly advertises the availability of material of that nature.
      (3)   Subsection (d)(1) of this section does not apply to a person who provides access or connection to an electronic method of remotely transferring information that is engaged in the violation of Section 533.11, 533.12 or 533.13, and that contains content that person has selected and introduced into the electronic method of remotely transferring information or content over which that person exercises editorial control.
   (e)   An employer is not guilty of a violation of Section 533.11, 533.12, or 533.13 based on the actions of an employee or agent of the employer unless the employee’s or agent’s conduct is within the scope of employee’s or agent’s employment or agency, and the employer does either of the following:
      (1)   With knowledge of the employee’s or agent’s conduct, the employer authorizes or ratifies the conduct.
      (2)   The employer recklessly disregards the employee’s or agent’s conduct.
   (f)   It is an affirmative defense to a charge under Section 533.11 or 533.13 as the section applies to an image transmitted through the internet or another electronic method of remotely transmitting information that the person charged with violating the section has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by juveniles to material that is harmful to juveniles, including any method that is feasible under available technology.
   (g)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
(ORC 2907.35)
   
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
   (a)   No person, who is eighteen years of age or older, shall engage in sexual conduct with another, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.
   (b)   Whoever violates this section is guilty of unlawful sexual conduct with a minor, a misdemeanor of the first degree. If the offender is four years older or more than the other person, or if the offender has previously been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03 or 2907.04, or former Ohio R.C. 2907.12, unlawful sexual conduct with a minor is a felony and shall be prosecuted under appropriate State law.
(ORC 2907.04)
533.04 SEXUAL IMPOSITION.
   (a)    No person shall have sexual contact with another; cause another to have sexual contact with the offender; or cause two or more other persons to have sexual contact when the offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.
   (b)   No person shall be convicted of a violation of this section solely upon the victim's testimony unsupported by other evidence.
   (c)   Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06 or former Section 2907.12, or a substantially similar municipal ordinance, a violation of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of Ohio R.C. 2907.02, 2907.03, 2907.04 or 2907.05, 2907.06 or former Section 2907.12 or of any combination of those sections, a violation of this section is a misdemeanor of the first degree and, notwithstanding the range of jail terms prescribed in Ohio R.C. 2929.24, the court may impose on the offender a definite jail term of not more than one year. (ORC 2907.06)
533.05 IMPORTUNING.
   (EDITOR’S NOTE: Former Section 533.05 has been deleted from the Codified Ordinances. Section 533.05 was identical to Ohio R.C. 2907.07(B) which the Ohio Supreme Court held to be unconstitutional in State v. Thompson, 95 Ohio St. 3rd 264 (2002).)
533.06 VOYEURISM.
   (a)   No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.
   (b)   No person shall knowingly commit trespass or otherwise secretly or surreptitiously videotape, film, photograph, broadcast, stream, or otherwise record another person, in a place where a person has a reasonable expectation of privacy, for the purpose of viewing the private areas of that person.
   (c)   No person shall secretly or surreptitiously videotape, film, photograph, or otherwise record another person above, under or through the clothing being worn by that other person for the purpose of viewing the body of, or the undergarments worn by, that other person.
   (d)   Whoever violates this section is guilty of voyeurism.
      (1)   A violation of subsection (a) hereof is a misdemeanor of the third degree.
      (2)   A violation of subsection (b) hereof is a misdemeanor of the second degree.
      (3)   A violation of subsection (c) hereof is a misdemeanor of the first degree. (ORC 2907.08)
533.07 PUBLIC INDECENCY.
   (a)   No person shall recklessly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront others, who are in the person’s physical proximity and who are not members of the person’s household:
      (1)   Expose the person’s private parts;
      (2)   Engage in sexual conduct or masturbation;
      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.
   (b)   No person shall knowingly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront another person who is in the person’s physical proximity, who is a minor, and who is not the spouse of the offender:
      (1)   Engage in masturbation;
      (2)   Engage in sexual conduct;
      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation;
      (4)   Expose the person’s private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.
   (c)   (1)   Whoever violates this section is guilty of public indecency and shall be punished as provided in subsections (c)(2), (3), (4) and (5) of this section.
      (2)   Except as otherwise provided in subsection (c)(2) of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the third degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to two violations of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.
      (3)   Except as otherwise provided in subsection (c)(3) of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.
      (4)   Except as otherwise provided in subsection (c)(4) of this section, a violation of subsection (b)(1), (2) or (3) of this section is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (b)(1), (2) or (3) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of subsection (b)(1), (2) or (3) of this section is a felony and shall be prosecuted under appropriate state law.
      (5)   A violation of subsection (b)(4) of this section is a misdemeanor of the first degree unless the offender previously has been convicted of or pleaded guilty to any violation of this section in which case the violation is a felony and shall be prosecuted under appropriate state law.
   (d)   (1)   If either of the following applies, the court may determine at the time of sentencing whether to classify the offender as a tier I sex offender/child-victim offender for a violation of subsection (b)(4) of this section:
         A.   The offender is less than ten years older than the other person.
         B.   The offender is ten or more years older than the other person and the offender has not previously been convicted of or pleaded guilty to any violation of this section.
      (2)   If the offender is convicted of or pleads guilty to a violation of subsection (b)(4) of this section, is ten or more years older than the other person, and previously has been convicted of or pleaded guilty to any violation of this section, the court shall issue an order at the time of sentencing that classifies the offender as a tier I sex offender/child-victim offender subject to registration under Ohio R.C. 2950.04, 2950.041, 2950.05 and 2950.06. (ORC 2907.09)
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
   (a)   Procuring. No person, knowingly and for gain, shall do either of the following:
      (1)   A.   Entice or solicit another to patronize a prostitute or brothel;
         B.   Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose of patronizing a prostitute.
      (2)   No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be used for the purpose of engaging in sexual activity for hire.
      (3)   Whoever violates subsection (a)(1)A. or B. of this section is guilty of procuring. Except as otherwise provided in this subsection (c), procuring is a misdemeanor of the first degree. If the prostitute who is procured, patronized or otherwise involved in a violation of subsection (a)(1)B. of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(1)B. of this section knows the prostitute’s age, or if a prostitute who engages in sexual activity for hire in premises used in violation of subsection (a)(2) of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(2) of this section knows the prostitute’s age, procuring is a felony and shall be prosecuted under appropriate state law.
   (b)   Engagement in Sexual Activity for Hire.      
      (1)   As used in this subsection (b) of this section:
         A.   “Person with a developmental disability” has the same meaning as in Ohio R.C. 2905.32.
         B.   “Sexual activity for hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.
      (2)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person.
      (3)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person if the other person is a person with a developmental disability and the offender knows or has reasonable cause to believe that the other person is a person with a developmental disability.
      (4)   Whoever violates subsection (b)(2) of this section is guilty of engaging in prostitution, a misdemeanor of the first degree. Whoever violates subsection (b)(3) of this section is guilty of engaging in prostitution with a person with a developmental disability, a felony to be prosecuted under appropriate state law. In sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court shall require the offender to attend an education or treatment program aimed at preventing persons from inducing, enticing, or procuring another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person. Notwithstanding the fine specified in Ohio R.C. 2929.28(A)(2)(a) for a misdemeanor of the first degree, in sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court may impose upon the offender a fine of not more than one thousand five hundred dollars ($1,500).
         (ORC 2907.231)
533.09 SOLICITING.
   (a)   No person shall knowingly solicit another to engage in sexual activity for hire in exchange for the person receiving anything of value from the other person.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
   (c)   As used in subsection (a) of this section, “Sexual Activity for Hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any
person associated with either such person.
   (d)    (1)    Whoever violates subsection (a) of this section is guilty of soliciting. Soliciting is a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of engaging in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law. (ORC 2907.24)
533.091 LOITERING TO ENGAGE IN SOLICITATION.
   (a)   No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:
      (1)   Beckon to, stop or attempt to stop another;
      (2)   Engage or attempt to engage another in conversation;
      (3)   Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;
      (4)   If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;
      (5)   Interfere with the free passage of another.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
   (c)   As used in subsection (a) of this section:
      (1)   “Public Place”. Means any of the following:
         A.   A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot or transportation facility.
         B.   A doorway or entrance way to a building that fronts on a place described in subsection (c)(1)A. of this definition.
         C.   A place not described in subsection (c)(1)A. or B. of this definition that is open to the public.
      (2)   “Vehicle”. Has the same meaning as in Ohio R.C. 4501.01.
   (d)   (1)    Whoever violates subsection (a) of this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of loitering to engage in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law.
         (ORC 2907.24, 2907.241)
533.10 PROSTITUTION.
   (a)   No person shall engage in sexual activity for hire.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in sexual activity for hire.
   (c)   (1)    Whoever violates subsection (a) of this section is guilty of prostitution, a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of engaging in prostitution after a positive HIV test, a felony to be prosecuted under appropriate state law.
         (ORC 2907.25)
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
   (a)   No person, with knowledge of its character or content, shall recklessly do any of the following:
      (1)   Directly sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (2)   Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (3)   While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile to review or peruse any material or view any live performance that is harmful to juveniles.
   (b)   The following are affirmative defenses to a charge under this section, that involves material or a performance that is harmful to juveniles but not obscene:
      (1)   The defendant is the parent, guardian or spouse of the juvenile involved.
      (2)   The juvenile involved, at the time of the conduct in question, was accompanied by the juvenile’s parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
      (3)   The juvenile exhibited to the defendant or the defendant’s agent or employee a draft card, driver's license, birth certificate, marriage license, or other official or apparently official document purporting to show that the juvenile was eighteen years of age or over or married, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of eighteen and unmarried.
   (c)   (1)   It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or harmful to juveniles, that the material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
      (2)   Except as provided in subsection (b)(3) hereof, mistake of age is not a defense to a charge under this section.
   (d)   (1)   A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents, or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present material or a performance to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section by means of an electronic method of remotely transmitting information if the person knows or has reason to believe that the person receiving the information is a juvenile or the group of persons receiving the information are juveniles.
      (2)   A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or performance in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section if either of the following applies:
         A.   The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.
         B.   The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.
   (e)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
   (f)   Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance involved is harmful to juveniles, except as otherwise provided in this subsection, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, a violation of this section is a felony and shall be prosecuted under appropriate State law. (ORC 2907.31)
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
   (a)   No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles shall do either of the following:
      (1)   Falsely represent that he is the parent, guardian or spouse of such juvenile;
      (2)   Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married.
   (b)   No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
      (1)   Falsely represent that he is eighteen years of age or over or married;
      (2)   Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.
   (c)   Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as may be appropriate under Ohio R.C. Chapter 2151. (ORC 2907.33)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.

533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.

Document typesection
Identifier533.08
Citation§ 533.08
Ordinances detectedS, 116-84, INARY, ER
Original sourceAmerican Legal Publishing
Content hash5905a48073a71d141edf143f79c4b422c2ef73e2b7d61c48bb5d71bcfef66f55

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
CHAPTER 533 Obscenity and Sex Offenses
533.07 PUBLIC INDECENCY.
   (a)   No person shall recklessly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront others, who are in the person’s physical proximity and who are not members of the person’s household:
      (1)   Expose the person’s private parts;
      (2)   Engage in sexual conduct or masturbation;
      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.
   (b)   No person shall knowingly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront another person who is in the person’s physical proximity, who is a minor, and who is not the spouse of the offender:
      (1)   Engage in masturbation;
      (2)   Engage in sexual conduct;
      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation;
      (4)   Expose the person’s private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.
   (c)   (1)   Whoever violates this section is guilty of public indecency and shall be punished as provided in subsections (c)(2), (3), (4) and (5) of this section.
      (2)   Except as otherwise provided in subsection (c)(2) of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the third degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to two violations of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.
      (3)   Except as otherwise provided in subsection (c)(3) of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.
      (4)   Except as otherwise provided in subsection (c)(4) of this section, a violation of subsection (b)(1), (2) or (3) of this section is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (b)(1), (2) or (3) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of subsection (b)(1), (2) or (3) of this section is a felony and shall be prosecuted under appropriate state law.
      (5)   A violation of subsection (b)(4) of this section is a misdemeanor of the first degree unless the offender previously has been convicted of or pleaded guilty to any violation of this section in which case the violation is a felony and shall be prosecuted under appropriate state law.
   (d)   (1)   If either of the following applies, the court may determine at the time of sentencing whether to classify the offender as a tier I sex offender/child-victim offender for a violation of subsection (b)(4) of this section:
         A.   The offender is less than ten years older than the other person.
         B.   The offender is ten or more years older than the other person and the offender has not previously been convicted of or pleaded guilty to any violation of this section.
      (2)   If the offender is convicted of or pleads guilty to a violation of subsection (b)(4) of this section, is ten or more years older than the other person, and previously has been convicted of or pleaded guilty to any violation of this section, the court shall issue an order at the time of sentencing that classifies the offender as a tier I sex offender/child-victim offender subject to registration under Ohio R.C. 2950.04, 2950.041, 2950.05 and 2950.06. (ORC 2907.09)
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
   (a)   Procuring. No person, knowingly and for gain, shall do either of the following:
      (1)   A.   Entice or solicit another to patronize a prostitute or brothel;
         B.   Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose of patronizing a prostitute.
      (2)   No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be used for the purpose of engaging in sexual activity for hire.
      (3)   Whoever violates subsection (a)(1)A. or B. of this section is guilty of procuring. Except as otherwise provided in this subsection (c), procuring is a misdemeanor of the first degree. If the prostitute who is procured, patronized or otherwise involved in a violation of subsection (a)(1)B. of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(1)B. of this section knows the prostitute’s age, or if a prostitute who engages in sexual activity for hire in premises used in violation of subsection (a)(2) of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(2) of this section knows the prostitute’s age, procuring is a felony and shall be prosecuted under appropriate state law.
   (b)   Engagement in Sexual Activity for Hire.      
      (1)   As used in this subsection (b) of this section:
         A.   “Person with a developmental disability” has the same meaning as in Ohio R.C. 2905.32.
         B.   “Sexual activity for hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.
      (2)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person.
      (3)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person if the other person is a person with a developmental disability and the offender knows or has reasonable cause to believe that the other person is a person with a developmental disability.
      (4)   Whoever violates subsection (b)(2) of this section is guilty of engaging in prostitution, a misdemeanor of the first degree. Whoever violates subsection (b)(3) of this section is guilty of engaging in prostitution with a person with a developmental disability, a felony to be prosecuted under appropriate state law. In sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court shall require the offender to attend an education or treatment program aimed at preventing persons from inducing, enticing, or procuring another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person. Notwithstanding the fine specified in Ohio R.C. 2929.28(A)(2)(a) for a misdemeanor of the first degree, in sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court may impose upon the offender a fine of not more than one thousand five hundred dollars ($1,500).
         (ORC 2907.231)
533.09 SOLICITING.
   (a)   No person shall knowingly solicit another to engage in sexual activity for hire in exchange for the person receiving anything of value from the other person.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
   (c)   As used in subsection (a) of this section, “Sexual Activity for Hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any
person associated with either such person.
   (d)    (1)    Whoever violates subsection (a) of this section is guilty of soliciting. Soliciting is a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of engaging in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law. (ORC 2907.24)
533.091 LOITERING TO ENGAGE IN SOLICITATION.
   (a)   No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:
      (1)   Beckon to, stop or attempt to stop another;
      (2)   Engage or attempt to engage another in conversation;
      (3)   Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;
      (4)   If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;
      (5)   Interfere with the free passage of another.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
   (c)   As used in subsection (a) of this section:
      (1)   “Public Place”. Means any of the following:
         A.   A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot or transportation facility.
         B.   A doorway or entrance way to a building that fronts on a place described in subsection (c)(1)A. of this definition.
         C.   A place not described in subsection (c)(1)A. or B. of this definition that is open to the public.
      (2)   “Vehicle”. Has the same meaning as in Ohio R.C. 4501.01.
   (d)   (1)    Whoever violates subsection (a) of this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of loitering to engage in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law.
         (ORC 2907.24, 2907.241)
533.10 PROSTITUTION.
   (a)   No person shall engage in sexual activity for hire.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in sexual activity for hire.
   (c)   (1)    Whoever violates subsection (a) of this section is guilty of prostitution, a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of engaging in prostitution after a positive HIV test, a felony to be prosecuted under appropriate state law.
         (ORC 2907.25)
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
   (a)   No person, with knowledge of its character or content, shall recklessly do any of the following:
      (1)   Directly sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (2)   Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (3)   While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile to review or peruse any material or view any live performance that is harmful to juveniles.
   (b)   The following are affirmative defenses to a charge under this section, that involves material or a performance that is harmful to juveniles but not obscene:
      (1)   The defendant is the parent, guardian or spouse of the juvenile involved.
      (2)   The juvenile involved, at the time of the conduct in question, was accompanied by the juvenile’s parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
      (3)   The juvenile exhibited to the defendant or the defendant’s agent or employee a draft card, driver's license, birth certificate, marriage license, or other official or apparently official document purporting to show that the juvenile was eighteen years of age or over or married, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of eighteen and unmarried.
   (c)   (1)   It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or harmful to juveniles, that the material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
      (2)   Except as provided in subsection (b)(3) hereof, mistake of age is not a defense to a charge under this section.
   (d)   (1)   A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents, or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present material or a performance to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section by means of an electronic method of remotely transmitting information if the person knows or has reason to believe that the person receiving the information is a juvenile or the group of persons receiving the information are juveniles.
      (2)   A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or performance in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section if either of the following applies:
         A.   The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.
         B.   The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.
   (e)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
   (f)   Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance involved is harmful to juveniles, except as otherwise provided in this subsection, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, a violation of this section is a felony and shall be prosecuted under appropriate State law. (ORC 2907.31)
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
   (a)   No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles shall do either of the following:
      (1)   Falsely represent that he is the parent, guardian or spouse of such juvenile;
      (2)   Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married.
   (b)   No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
      (1)   Falsely represent that he is eighteen years of age or over or married;
      (2)   Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.
   (c)   Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as may be appropriate under Ohio R.C. Chapter 2151. (ORC 2907.33)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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533.09 SOLICITING.

533.09 SOLICITING.

Document typesection
Identifier533.09
Citation§ 533.09
Ordinances detectedS, 116-84, INARY, ER, 10-89
Original sourceAmerican Legal Publishing
Content hash3afceb2c32d90302a7afcd2156784df524a04ed51ffa2007ad72494711d299b6

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Search
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Skip to code content (skip section selection)
2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.09 SOLICITING.
CHAPTER 533 Obscenity and Sex Offenses
533.07 PUBLIC INDECENCY.
   (a)   No person shall recklessly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront others, who are in the person’s physical proximity and who are not members of the person’s household:
      (1)   Expose the person’s private parts;
      (2)   Engage in sexual conduct or masturbation;
      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.
   (b)   No person shall knowingly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront another person who is in the person’s physical proximity, who is a minor, and who is not the spouse of the offender:
      (1)   Engage in masturbation;
      (2)   Engage in sexual conduct;
      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation;
      (4)   Expose the person’s private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.
   (c)   (1)   Whoever violates this section is guilty of public indecency and shall be punished as provided in subsections (c)(2), (3), (4) and (5) of this section.
      (2)   Except as otherwise provided in subsection (c)(2) of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the third degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to two violations of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.
      (3)   Except as otherwise provided in subsection (c)(3) of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.
      (4)   Except as otherwise provided in subsection (c)(4) of this section, a violation of subsection (b)(1), (2) or (3) of this section is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (b)(1), (2) or (3) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of subsection (b)(1), (2) or (3) of this section is a felony and shall be prosecuted under appropriate state law.
      (5)   A violation of subsection (b)(4) of this section is a misdemeanor of the first degree unless the offender previously has been convicted of or pleaded guilty to any violation of this section in which case the violation is a felony and shall be prosecuted under appropriate state law.
   (d)   (1)   If either of the following applies, the court may determine at the time of sentencing whether to classify the offender as a tier I sex offender/child-victim offender for a violation of subsection (b)(4) of this section:
         A.   The offender is less than ten years older than the other person.
         B.   The offender is ten or more years older than the other person and the offender has not previously been convicted of or pleaded guilty to any violation of this section.
      (2)   If the offender is convicted of or pleads guilty to a violation of subsection (b)(4) of this section, is ten or more years older than the other person, and previously has been convicted of or pleaded guilty to any violation of this section, the court shall issue an order at the time of sentencing that classifies the offender as a tier I sex offender/child-victim offender subject to registration under Ohio R.C. 2950.04, 2950.041, 2950.05 and 2950.06. (ORC 2907.09)
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
   (a)   Procuring. No person, knowingly and for gain, shall do either of the following:
      (1)   A.   Entice or solicit another to patronize a prostitute or brothel;
         B.   Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose of patronizing a prostitute.
      (2)   No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be used for the purpose of engaging in sexual activity for hire.
      (3)   Whoever violates subsection (a)(1)A. or B. of this section is guilty of procuring. Except as otherwise provided in this subsection (c), procuring is a misdemeanor of the first degree. If the prostitute who is procured, patronized or otherwise involved in a violation of subsection (a)(1)B. of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(1)B. of this section knows the prostitute’s age, or if a prostitute who engages in sexual activity for hire in premises used in violation of subsection (a)(2) of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(2) of this section knows the prostitute’s age, procuring is a felony and shall be prosecuted under appropriate state law.
   (b)   Engagement in Sexual Activity for Hire.      
      (1)   As used in this subsection (b) of this section:
         A.   “Person with a developmental disability” has the same meaning as in Ohio R.C. 2905.32.
         B.   “Sexual activity for hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.
      (2)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person.
      (3)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person if the other person is a person with a developmental disability and the offender knows or has reasonable cause to believe that the other person is a person with a developmental disability.
      (4)   Whoever violates subsection (b)(2) of this section is guilty of engaging in prostitution, a misdemeanor of the first degree. Whoever violates subsection (b)(3) of this section is guilty of engaging in prostitution with a person with a developmental disability, a felony to be prosecuted under appropriate state law. In sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court shall require the offender to attend an education or treatment program aimed at preventing persons from inducing, enticing, or procuring another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person. Notwithstanding the fine specified in Ohio R.C. 2929.28(A)(2)(a) for a misdemeanor of the first degree, in sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court may impose upon the offender a fine of not more than one thousand five hundred dollars ($1,500).
         (ORC 2907.231)
533.09 SOLICITING.
   (a)   No person shall knowingly solicit another to engage in sexual activity for hire in exchange for the person receiving anything of value from the other person.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
   (c)   As used in subsection (a) of this section, “Sexual Activity for Hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any
person associated with either such person.
   (d)    (1)    Whoever violates subsection (a) of this section is guilty of soliciting. Soliciting is a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of engaging in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law. (ORC 2907.24)
533.091 LOITERING TO ENGAGE IN SOLICITATION.
   (a)   No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:
      (1)   Beckon to, stop or attempt to stop another;
      (2)   Engage or attempt to engage another in conversation;
      (3)   Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;
      (4)   If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;
      (5)   Interfere with the free passage of another.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
   (c)   As used in subsection (a) of this section:
      (1)   “Public Place”. Means any of the following:
         A.   A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot or transportation facility.
         B.   A doorway or entrance way to a building that fronts on a place described in subsection (c)(1)A. of this definition.
         C.   A place not described in subsection (c)(1)A. or B. of this definition that is open to the public.
      (2)   “Vehicle”. Has the same meaning as in Ohio R.C. 4501.01.
   (d)   (1)    Whoever violates subsection (a) of this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of loitering to engage in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law.
         (ORC 2907.24, 2907.241)
533.10 PROSTITUTION.
   (a)   No person shall engage in sexual activity for hire.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in sexual activity for hire.
   (c)   (1)    Whoever violates subsection (a) of this section is guilty of prostitution, a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of engaging in prostitution after a positive HIV test, a felony to be prosecuted under appropriate state law.
         (ORC 2907.25)
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
   (a)   No person, with knowledge of its character or content, shall recklessly do any of the following:
      (1)   Directly sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (2)   Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (3)   While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile to review or peruse any material or view any live performance that is harmful to juveniles.
   (b)   The following are affirmative defenses to a charge under this section, that involves material or a performance that is harmful to juveniles but not obscene:
      (1)   The defendant is the parent, guardian or spouse of the juvenile involved.
      (2)   The juvenile involved, at the time of the conduct in question, was accompanied by the juvenile’s parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
      (3)   The juvenile exhibited to the defendant or the defendant’s agent or employee a draft card, driver's license, birth certificate, marriage license, or other official or apparently official document purporting to show that the juvenile was eighteen years of age or over or married, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of eighteen and unmarried.
   (c)   (1)   It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or harmful to juveniles, that the material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
      (2)   Except as provided in subsection (b)(3) hereof, mistake of age is not a defense to a charge under this section.
   (d)   (1)   A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents, or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present material or a performance to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section by means of an electronic method of remotely transmitting information if the person knows or has reason to believe that the person receiving the information is a juvenile or the group of persons receiving the information are juveniles.
      (2)   A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or performance in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section if either of the following applies:
         A.   The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.
         B.   The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.
   (e)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
   (f)   Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance involved is harmful to juveniles, except as otherwise provided in this subsection, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, a violation of this section is a felony and shall be prosecuted under appropriate State law. (ORC 2907.31)
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
   (a)   No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles shall do either of the following:
      (1)   Falsely represent that he is the parent, guardian or spouse of such juvenile;
      (2)   Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married.
   (b)   No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
      (1)   Falsely represent that he is eighteen years of age or over or married;
      (2)   Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.
   (c)   Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as may be appropriate under Ohio R.C. Chapter 2151. (ORC 2907.33)
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
   (a)   No person who has custody, control or supervision of a commercial establishment, with knowledge of the character or content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.
       
   (b)   It is not a violation of subsection (a) hereof if the material in question is displayed by placing it behind "blinder racks" or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.
   (c)   Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree. Each day during which the offender is in violation of this section constitutes a separate offense. (ORC 2907.311)
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
   (a)   No person with knowledge of the character of material, shall do any of the following:
      (1)   Possess or control any obscene material that has a minor as one of the participants.
      (2)   Possess or control any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
      (3)   Possess or control any nudity oriented matter that shows a minor who is not the person’s child or ward, unless one of the following applies:
         A.   The material is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge or other person having a proper interest in the material or performance.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.15 AFFIRMATIVE DEFENSES.
   It is an affirmative defense to a charge under this section, involving material or a performance which is obscene or harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(Ord. 10-89. Passed 2-14-89.)

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533.091 LOITERING TO ENGAGE IN SOLICITATION.

533.091 LOITERING TO ENGAGE IN SOLICITATION.

Document typesection
Identifier533.091
Citation§ 533.091
Ordinances detectedS, 116-84, INARY, ER, 10-89
Original sourceAmerican Legal Publishing
Content hash06ca76a257a2761fe322ec8649329547161f97094cbe2a3a703fe4c20f0ea45f

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.091 LOITERING TO ENGAGE IN SOLICITATION.
CHAPTER 533 Obscenity and Sex Offenses
533.07 PUBLIC INDECENCY.
   (a)   No person shall recklessly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront others, who are in the person’s physical proximity and who are not members of the person’s household:
      (1)   Expose the person’s private parts;
      (2)   Engage in sexual conduct or masturbation;
      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.
   (b)   No person shall knowingly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront another person who is in the person’s physical proximity, who is a minor, and who is not the spouse of the offender:
      (1)   Engage in masturbation;
      (2)   Engage in sexual conduct;
      (3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation;
      (4)   Expose the person’s private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.
   (c)   (1)   Whoever violates this section is guilty of public indecency and shall be punished as provided in subsections (c)(2), (3), (4) and (5) of this section.
      (2)   Except as otherwise provided in subsection (c)(2) of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the third degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to two violations of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section, a violation of subsection (a)(1) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.
      (3)   Except as otherwise provided in subsection (c)(3) of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of subsection (a)(2) or (3) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.
      (4)   Except as otherwise provided in subsection (c)(4) of this section, a violation of subsection (b)(1), (2) or (3) of this section is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of subsection (b)(1), (2) or (3) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of subsection (b)(1), (2) or (3) of this section is a felony and shall be prosecuted under appropriate state law.
      (5)   A violation of subsection (b)(4) of this section is a misdemeanor of the first degree unless the offender previously has been convicted of or pleaded guilty to any violation of this section in which case the violation is a felony and shall be prosecuted under appropriate state law.
   (d)   (1)   If either of the following applies, the court may determine at the time of sentencing whether to classify the offender as a tier I sex offender/child-victim offender for a violation of subsection (b)(4) of this section:
         A.   The offender is less than ten years older than the other person.
         B.   The offender is ten or more years older than the other person and the offender has not previously been convicted of or pleaded guilty to any violation of this section.
      (2)   If the offender is convicted of or pleads guilty to a violation of subsection (b)(4) of this section, is ten or more years older than the other person, and previously has been convicted of or pleaded guilty to any violation of this section, the court shall issue an order at the time of sentencing that classifies the offender as a tier I sex offender/child-victim offender subject to registration under Ohio R.C. 2950.04, 2950.041, 2950.05 and 2950.06. (ORC 2907.09)
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
   (a)   Procuring. No person, knowingly and for gain, shall do either of the following:
      (1)   A.   Entice or solicit another to patronize a prostitute or brothel;
         B.   Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose of patronizing a prostitute.
      (2)   No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be used for the purpose of engaging in sexual activity for hire.
      (3)   Whoever violates subsection (a)(1)A. or B. of this section is guilty of procuring. Except as otherwise provided in this subsection (c), procuring is a misdemeanor of the first degree. If the prostitute who is procured, patronized or otherwise involved in a violation of subsection (a)(1)B. of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(1)B. of this section knows the prostitute’s age, or if a prostitute who engages in sexual activity for hire in premises used in violation of subsection (a)(2) of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(2) of this section knows the prostitute’s age, procuring is a felony and shall be prosecuted under appropriate state law.
   (b)   Engagement in Sexual Activity for Hire.      
      (1)   As used in this subsection (b) of this section:
         A.   “Person with a developmental disability” has the same meaning as in Ohio R.C. 2905.32.
         B.   “Sexual activity for hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.
      (2)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person.
      (3)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person if the other person is a person with a developmental disability and the offender knows or has reasonable cause to believe that the other person is a person with a developmental disability.
      (4)   Whoever violates subsection (b)(2) of this section is guilty of engaging in prostitution, a misdemeanor of the first degree. Whoever violates subsection (b)(3) of this section is guilty of engaging in prostitution with a person with a developmental disability, a felony to be prosecuted under appropriate state law. In sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court shall require the offender to attend an education or treatment program aimed at preventing persons from inducing, enticing, or procuring another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person. Notwithstanding the fine specified in Ohio R.C. 2929.28(A)(2)(a) for a misdemeanor of the first degree, in sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court may impose upon the offender a fine of not more than one thousand five hundred dollars ($1,500).
         (ORC 2907.231)
533.09 SOLICITING.
   (a)   No person shall knowingly solicit another to engage in sexual activity for hire in exchange for the person receiving anything of value from the other person.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
   (c)   As used in subsection (a) of this section, “Sexual Activity for Hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any
person associated with either such person.
   (d)    (1)    Whoever violates subsection (a) of this section is guilty of soliciting. Soliciting is a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of engaging in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law. (ORC 2907.24)
533.091 LOITERING TO ENGAGE IN SOLICITATION.
   (a)   No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:
      (1)   Beckon to, stop or attempt to stop another;
      (2)   Engage or attempt to engage another in conversation;
      (3)   Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;
      (4)   If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;
      (5)   Interfere with the free passage of another.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
   (c)   As used in subsection (a) of this section:
      (1)   “Public Place”. Means any of the following:
         A.   A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot or transportation facility.
         B.   A doorway or entrance way to a building that fronts on a place described in subsection (c)(1)A. of this definition.
         C.   A place not described in subsection (c)(1)A. or B. of this definition that is open to the public.
      (2)   “Vehicle”. Has the same meaning as in Ohio R.C. 4501.01.
   (d)   (1)    Whoever violates subsection (a) of this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of loitering to engage in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law.
         (ORC 2907.24, 2907.241)
533.10 PROSTITUTION.
   (a)   No person shall engage in sexual activity for hire.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in sexual activity for hire.
   (c)   (1)    Whoever violates subsection (a) of this section is guilty of prostitution, a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of engaging in prostitution after a positive HIV test, a felony to be prosecuted under appropriate state law.
         (ORC 2907.25)
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
   (a)   No person, with knowledge of its character or content, shall recklessly do any of the following:
      (1)   Directly sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (2)   Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (3)   While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile to review or peruse any material or view any live performance that is harmful to juveniles.
   (b)   The following are affirmative defenses to a charge under this section, that involves material or a performance that is harmful to juveniles but not obscene:
      (1)   The defendant is the parent, guardian or spouse of the juvenile involved.
      (2)   The juvenile involved, at the time of the conduct in question, was accompanied by the juvenile’s parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
      (3)   The juvenile exhibited to the defendant or the defendant’s agent or employee a draft card, driver's license, birth certificate, marriage license, or other official or apparently official document purporting to show that the juvenile was eighteen years of age or over or married, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of eighteen and unmarried.
   (c)   (1)   It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or harmful to juveniles, that the material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
      (2)   Except as provided in subsection (b)(3) hereof, mistake of age is not a defense to a charge under this section.
   (d)   (1)   A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents, or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present material or a performance to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section by means of an electronic method of remotely transmitting information if the person knows or has reason to believe that the person receiving the information is a juvenile or the group of persons receiving the information are juveniles.
      (2)   A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or performance in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section if either of the following applies:
         A.   The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.
         B.   The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.
   (e)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
   (f)   Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance involved is harmful to juveniles, except as otherwise provided in this subsection, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, a violation of this section is a felony and shall be prosecuted under appropriate State law. (ORC 2907.31)
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
   (a)   No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles shall do either of the following:
      (1)   Falsely represent that he is the parent, guardian or spouse of such juvenile;
      (2)   Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married.
   (b)   No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
      (1)   Falsely represent that he is eighteen years of age or over or married;
      (2)   Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.
   (c)   Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as may be appropriate under Ohio R.C. Chapter 2151. (ORC 2907.33)
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
   (a)   No person who has custody, control or supervision of a commercial establishment, with knowledge of the character or content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.
       
   (b)   It is not a violation of subsection (a) hereof if the material in question is displayed by placing it behind "blinder racks" or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.
   (c)   Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree. Each day during which the offender is in violation of this section constitutes a separate offense. (ORC 2907.311)
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
   (a)   No person with knowledge of the character of material, shall do any of the following:
      (1)   Possess or control any obscene material that has a minor as one of the participants.
      (2)   Possess or control any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
      (3)   Possess or control any nudity oriented matter that shows a minor who is not the person’s child or ward, unless one of the following applies:
         A.   The material is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge or other person having a proper interest in the material or performance.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.15 AFFIRMATIVE DEFENSES.
   It is an affirmative defense to a charge under this section, involving material or a performance which is obscene or harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(Ord. 10-89. Passed 2-14-89.)
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
   (a)   No person, having control or supervision of any business or commercial establishment or premises, with knowledge of its character of the material involved, shall:
      (1)   Exhibit or display for sale any material which is harmful to juveniles unless the material is exhibited or displayed in a portion of the business premises which is inaccessible to juveniles or unless the material is exhibited or displayed in a manner which prohibits examination or observation by juveniles.
   (b)   Whoever violates this section is guilty of furnishing material harmful to juveniles, a misdemeanor of the first degree. (Ord. 10-89. Passed 2-14-89.)
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
   No person who, while acting as a waiter, waitress or entertainer, in an establishment which serves food, beverages or food and beverages including, but not limited to, alcoholic beverages for consumption on the premises of the establishment:
   (a)   Expose his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.17.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)

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533.10 PROSTITUTION.

533.10 PROSTITUTION.

Document typesection
Identifier533.10
Citation§ 533.10
Ordinances detectedS, 116-84, 10-89
Original sourceAmerican Legal Publishing
Content hash6e0cc70ae18dc0b20f7f65432bd6e047598527f10d07c44f2902500d76bbd0a8

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.10 PROSTITUTION.
CHAPTER 533 Obscenity and Sex Offenses
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
   (a)   Procuring. No person, knowingly and for gain, shall do either of the following:
      (1)   A.   Entice or solicit another to patronize a prostitute or brothel;
         B.   Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose of patronizing a prostitute.
      (2)   No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be used for the purpose of engaging in sexual activity for hire.
      (3)   Whoever violates subsection (a)(1)A. or B. of this section is guilty of procuring. Except as otherwise provided in this subsection (c), procuring is a misdemeanor of the first degree. If the prostitute who is procured, patronized or otherwise involved in a violation of subsection (a)(1)B. of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(1)B. of this section knows the prostitute’s age, or if a prostitute who engages in sexual activity for hire in premises used in violation of subsection (a)(2) of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(2) of this section knows the prostitute’s age, procuring is a felony and shall be prosecuted under appropriate state law.
   (b)   Engagement in Sexual Activity for Hire.      
      (1)   As used in this subsection (b) of this section:
         A.   “Person with a developmental disability” has the same meaning as in Ohio R.C. 2905.32.
         B.   “Sexual activity for hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.
      (2)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person.
      (3)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person if the other person is a person with a developmental disability and the offender knows or has reasonable cause to believe that the other person is a person with a developmental disability.
      (4)   Whoever violates subsection (b)(2) of this section is guilty of engaging in prostitution, a misdemeanor of the first degree. Whoever violates subsection (b)(3) of this section is guilty of engaging in prostitution with a person with a developmental disability, a felony to be prosecuted under appropriate state law. In sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court shall require the offender to attend an education or treatment program aimed at preventing persons from inducing, enticing, or procuring another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person. Notwithstanding the fine specified in Ohio R.C. 2929.28(A)(2)(a) for a misdemeanor of the first degree, in sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court may impose upon the offender a fine of not more than one thousand five hundred dollars ($1,500).
         (ORC 2907.231)
533.09 SOLICITING.
   (a)   No person shall knowingly solicit another to engage in sexual activity for hire in exchange for the person receiving anything of value from the other person.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
   (c)   As used in subsection (a) of this section, “Sexual Activity for Hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any
person associated with either such person.
   (d)    (1)    Whoever violates subsection (a) of this section is guilty of soliciting. Soliciting is a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of engaging in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law. (ORC 2907.24)
533.091 LOITERING TO ENGAGE IN SOLICITATION.
   (a)   No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:
      (1)   Beckon to, stop or attempt to stop another;
      (2)   Engage or attempt to engage another in conversation;
      (3)   Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;
      (4)   If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;
      (5)   Interfere with the free passage of another.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
   (c)   As used in subsection (a) of this section:
      (1)   “Public Place”. Means any of the following:
         A.   A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot or transportation facility.
         B.   A doorway or entrance way to a building that fronts on a place described in subsection (c)(1)A. of this definition.
         C.   A place not described in subsection (c)(1)A. or B. of this definition that is open to the public.
      (2)   “Vehicle”. Has the same meaning as in Ohio R.C. 4501.01.
   (d)   (1)    Whoever violates subsection (a) of this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of loitering to engage in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law.
         (ORC 2907.24, 2907.241)
533.10 PROSTITUTION.
   (a)   No person shall engage in sexual activity for hire.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in sexual activity for hire.
   (c)   (1)    Whoever violates subsection (a) of this section is guilty of prostitution, a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of engaging in prostitution after a positive HIV test, a felony to be prosecuted under appropriate state law.
         (ORC 2907.25)
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
   (a)   No person, with knowledge of its character or content, shall recklessly do any of the following:
      (1)   Directly sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (2)   Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (3)   While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile to review or peruse any material or view any live performance that is harmful to juveniles.
   (b)   The following are affirmative defenses to a charge under this section, that involves material or a performance that is harmful to juveniles but not obscene:
      (1)   The defendant is the parent, guardian or spouse of the juvenile involved.
      (2)   The juvenile involved, at the time of the conduct in question, was accompanied by the juvenile’s parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
      (3)   The juvenile exhibited to the defendant or the defendant’s agent or employee a draft card, driver's license, birth certificate, marriage license, or other official or apparently official document purporting to show that the juvenile was eighteen years of age or over or married, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of eighteen and unmarried.
   (c)   (1)   It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or harmful to juveniles, that the material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
      (2)   Except as provided in subsection (b)(3) hereof, mistake of age is not a defense to a charge under this section.
   (d)   (1)   A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents, or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present material or a performance to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section by means of an electronic method of remotely transmitting information if the person knows or has reason to believe that the person receiving the information is a juvenile or the group of persons receiving the information are juveniles.
      (2)   A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or performance in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section if either of the following applies:
         A.   The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.
         B.   The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.
   (e)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
   (f)   Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance involved is harmful to juveniles, except as otherwise provided in this subsection, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, a violation of this section is a felony and shall be prosecuted under appropriate State law. (ORC 2907.31)
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
   (a)   No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles shall do either of the following:
      (1)   Falsely represent that he is the parent, guardian or spouse of such juvenile;
      (2)   Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married.
   (b)   No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
      (1)   Falsely represent that he is eighteen years of age or over or married;
      (2)   Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.
   (c)   Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as may be appropriate under Ohio R.C. Chapter 2151. (ORC 2907.33)
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
   (a)   No person who has custody, control or supervision of a commercial establishment, with knowledge of the character or content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.
       
   (b)   It is not a violation of subsection (a) hereof if the material in question is displayed by placing it behind "blinder racks" or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.
   (c)   Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree. Each day during which the offender is in violation of this section constitutes a separate offense. (ORC 2907.311)
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
   (a)   No person with knowledge of the character of material, shall do any of the following:
      (1)   Possess or control any obscene material that has a minor as one of the participants.
      (2)   Possess or control any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
      (3)   Possess or control any nudity oriented matter that shows a minor who is not the person’s child or ward, unless one of the following applies:
         A.   The material is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge or other person having a proper interest in the material or performance.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.

533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.

Document typesection
Identifier533.11
Citation§ 533.11
Ordinances detectedS, 116-84, 10-89
Original sourceAmerican Legal Publishing
Content hash005e90f1553e80044f48da734868fd05949dc8ed70b3e0ee00541a29a96b9a7e

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
CHAPTER 533 Obscenity and Sex Offenses
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
   (a)   Procuring. No person, knowingly and for gain, shall do either of the following:
      (1)   A.   Entice or solicit another to patronize a prostitute or brothel;
         B.   Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose of patronizing a prostitute.
      (2)   No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be used for the purpose of engaging in sexual activity for hire.
      (3)   Whoever violates subsection (a)(1)A. or B. of this section is guilty of procuring. Except as otherwise provided in this subsection (c), procuring is a misdemeanor of the first degree. If the prostitute who is procured, patronized or otherwise involved in a violation of subsection (a)(1)B. of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(1)B. of this section knows the prostitute’s age, or if a prostitute who engages in sexual activity for hire in premises used in violation of subsection (a)(2) of this section is under eighteen years of age at the time of the violation, regardless of whether the offender who violates subsection (a)(2) of this section knows the prostitute’s age, procuring is a felony and shall be prosecuted under appropriate state law.
   (b)   Engagement in Sexual Activity for Hire.      
      (1)   As used in this subsection (b) of this section:
         A.   “Person with a developmental disability” has the same meaning as in Ohio R.C. 2905.32.
         B.   “Sexual activity for hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.
      (2)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person.
      (3)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person if the other person is a person with a developmental disability and the offender knows or has reasonable cause to believe that the other person is a person with a developmental disability.
      (4)   Whoever violates subsection (b)(2) of this section is guilty of engaging in prostitution, a misdemeanor of the first degree. Whoever violates subsection (b)(3) of this section is guilty of engaging in prostitution with a person with a developmental disability, a felony to be prosecuted under appropriate state law. In sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court shall require the offender to attend an education or treatment program aimed at preventing persons from inducing, enticing, or procuring another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person. Notwithstanding the fine specified in Ohio R.C. 2929.28(A)(2)(a) for a misdemeanor of the first degree, in sentencing an offender under this subsection for a violation of subsection (b)(2) of this section, the court may impose upon the offender a fine of not more than one thousand five hundred dollars ($1,500).
         (ORC 2907.231)
533.09 SOLICITING.
   (a)   No person shall knowingly solicit another to engage in sexual activity for hire in exchange for the person receiving anything of value from the other person.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
   (c)   As used in subsection (a) of this section, “Sexual Activity for Hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any
person associated with either such person.
   (d)    (1)    Whoever violates subsection (a) of this section is guilty of soliciting. Soliciting is a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of engaging in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law. (ORC 2907.24)
533.091 LOITERING TO ENGAGE IN SOLICITATION.
   (a)   No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:
      (1)   Beckon to, stop or attempt to stop another;
      (2)   Engage or attempt to engage another in conversation;
      (3)   Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;
      (4)   If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;
      (5)   Interfere with the free passage of another.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of subsection (a) of this section.
   (c)   As used in subsection (a) of this section:
      (1)   “Public Place”. Means any of the following:
         A.   A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot or transportation facility.
         B.   A doorway or entrance way to a building that fronts on a place described in subsection (c)(1)A. of this definition.
         C.   A place not described in subsection (c)(1)A. or B. of this definition that is open to the public.
      (2)   “Vehicle”. Has the same meaning as in Ohio R.C. 4501.01.
   (d)   (1)    Whoever violates subsection (a) of this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of loitering to engage in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law.
         (ORC 2907.24, 2907.241)
533.10 PROSTITUTION.
   (a)   No person shall engage in sexual activity for hire.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in sexual activity for hire.
   (c)   (1)    Whoever violates subsection (a) of this section is guilty of prostitution, a misdemeanor of the third degree.
      (2)    Whoever violates subsection (b) of this section is guilty of engaging in prostitution after a positive HIV test, a felony to be prosecuted under appropriate state law.
         (ORC 2907.25)
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
   (a)   No person, with knowledge of its character or content, shall recklessly do any of the following:
      (1)   Directly sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (2)   Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (3)   While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile to review or peruse any material or view any live performance that is harmful to juveniles.
   (b)   The following are affirmative defenses to a charge under this section, that involves material or a performance that is harmful to juveniles but not obscene:
      (1)   The defendant is the parent, guardian or spouse of the juvenile involved.
      (2)   The juvenile involved, at the time of the conduct in question, was accompanied by the juvenile’s parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
      (3)   The juvenile exhibited to the defendant or the defendant’s agent or employee a draft card, driver's license, birth certificate, marriage license, or other official or apparently official document purporting to show that the juvenile was eighteen years of age or over or married, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of eighteen and unmarried.
   (c)   (1)   It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or harmful to juveniles, that the material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
      (2)   Except as provided in subsection (b)(3) hereof, mistake of age is not a defense to a charge under this section.
   (d)   (1)   A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents, or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present material or a performance to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section by means of an electronic method of remotely transmitting information if the person knows or has reason to believe that the person receiving the information is a juvenile or the group of persons receiving the information are juveniles.
      (2)   A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or performance in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section if either of the following applies:
         A.   The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.
         B.   The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.
   (e)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
   (f)   Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance involved is harmful to juveniles, except as otherwise provided in this subsection, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, a violation of this section is a felony and shall be prosecuted under appropriate State law. (ORC 2907.31)
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
   (a)   No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles shall do either of the following:
      (1)   Falsely represent that he is the parent, guardian or spouse of such juvenile;
      (2)   Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married.
   (b)   No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
      (1)   Falsely represent that he is eighteen years of age or over or married;
      (2)   Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.
   (c)   Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as may be appropriate under Ohio R.C. Chapter 2151. (ORC 2907.33)
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
   (a)   No person who has custody, control or supervision of a commercial establishment, with knowledge of the character or content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.
       
   (b)   It is not a violation of subsection (a) hereof if the material in question is displayed by placing it behind "blinder racks" or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.
   (c)   Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree. Each day during which the offender is in violation of this section constitutes a separate offense. (ORC 2907.311)
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
   (a)   No person with knowledge of the character of material, shall do any of the following:
      (1)   Possess or control any obscene material that has a minor as one of the participants.
      (2)   Possess or control any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
      (3)   Possess or control any nudity oriented matter that shows a minor who is not the person’s child or ward, unless one of the following applies:
         A.   The material is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge or other person having a proper interest in the material or performance.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.15 AFFIRMATIVE DEFENSES.
   It is an affirmative defense to a charge under this section, involving material or a performance which is obscene or harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(Ord. 10-89. Passed 2-14-89.)
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
   (a)   No person, having control or supervision of any business or commercial establishment or premises, with knowledge of its character of the material involved, shall:
      (1)   Exhibit or display for sale any material which is harmful to juveniles unless the material is exhibited or displayed in a portion of the business premises which is inaccessible to juveniles or unless the material is exhibited or displayed in a manner which prohibits examination or observation by juveniles.
   (b)   Whoever violates this section is guilty of furnishing material harmful to juveniles, a misdemeanor of the first degree. (Ord. 10-89. Passed 2-14-89.)
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Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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Detected legislative history


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533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.

533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.

Document typesection
Identifier533.12
Citation§ 533.12
Ordinances detectedS, 116-84, 10-89, ER, 48-11
Original sourceAmerican Legal Publishing
Content hash261dbcaffa0024364a3df3a1460f5b4f5fd215a58cfe6673911f7ff0c64bae69

Skip to main content
Search
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Login
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Skip to code content (skip section selection)
2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
CHAPTER 533 Obscenity and Sex Offenses
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
   (a)   No person, with knowledge of its character or content, shall recklessly do any of the following:
      (1)   Directly sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (2)   Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (3)   While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile to review or peruse any material or view any live performance that is harmful to juveniles.
   (b)   The following are affirmative defenses to a charge under this section, that involves material or a performance that is harmful to juveniles but not obscene:
      (1)   The defendant is the parent, guardian or spouse of the juvenile involved.
      (2)   The juvenile involved, at the time of the conduct in question, was accompanied by the juvenile’s parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
      (3)   The juvenile exhibited to the defendant or the defendant’s agent or employee a draft card, driver's license, birth certificate, marriage license, or other official or apparently official document purporting to show that the juvenile was eighteen years of age or over or married, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of eighteen and unmarried.
   (c)   (1)   It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or harmful to juveniles, that the material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
      (2)   Except as provided in subsection (b)(3) hereof, mistake of age is not a defense to a charge under this section.
   (d)   (1)   A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents, or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present material or a performance to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section by means of an electronic method of remotely transmitting information if the person knows or has reason to believe that the person receiving the information is a juvenile or the group of persons receiving the information are juveniles.
      (2)   A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or performance in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section if either of the following applies:
         A.   The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.
         B.   The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.
   (e)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
   (f)   Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance involved is harmful to juveniles, except as otherwise provided in this subsection, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, a violation of this section is a felony and shall be prosecuted under appropriate State law. (ORC 2907.31)
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
   (a)   No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles shall do either of the following:
      (1)   Falsely represent that he is the parent, guardian or spouse of such juvenile;
      (2)   Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married.
   (b)   No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
      (1)   Falsely represent that he is eighteen years of age or over or married;
      (2)   Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.
   (c)   Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as may be appropriate under Ohio R.C. Chapter 2151. (ORC 2907.33)
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
   (a)   No person who has custody, control or supervision of a commercial establishment, with knowledge of the character or content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.
       
   (b)   It is not a violation of subsection (a) hereof if the material in question is displayed by placing it behind "blinder racks" or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.
   (c)   Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree. Each day during which the offender is in violation of this section constitutes a separate offense. (ORC 2907.311)
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
   (a)   No person with knowledge of the character of material, shall do any of the following:
      (1)   Possess or control any obscene material that has a minor as one of the participants.
      (2)   Possess or control any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
      (3)   Possess or control any nudity oriented matter that shows a minor who is not the person’s child or ward, unless one of the following applies:
         A.   The material is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge or other person having a proper interest in the material or performance.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.15 AFFIRMATIVE DEFENSES.
   It is an affirmative defense to a charge under this section, involving material or a performance which is obscene or harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(Ord. 10-89. Passed 2-14-89.)
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
   (a)   No person, having control or supervision of any business or commercial establishment or premises, with knowledge of its character of the material involved, shall:
      (1)   Exhibit or display for sale any material which is harmful to juveniles unless the material is exhibited or displayed in a portion of the business premises which is inaccessible to juveniles or unless the material is exhibited or displayed in a manner which prohibits examination or observation by juveniles.
   (b)   Whoever violates this section is guilty of furnishing material harmful to juveniles, a misdemeanor of the first degree. (Ord. 10-89. Passed 2-14-89.)
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
   No person who, while acting as a waiter, waitress or entertainer, in an establishment which serves food, beverages or food and beverages including, but not limited to, alcoholic beverages for consumption on the premises of the establishment:
   (a)   Expose his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.17.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
   A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.
(Ord. 10-89. Passed 2-14-89.)
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
   No person shall, while participating in any live act, demonstration or exhibition, in any public place, place open to the public, or place open to public view:
   (a)   Exposes his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof;
   (d)   Commits actual or simulated touching, caressing or fondling on the breasts, buttocks, anus or genitals.
   (e)   Displays films or pictures depicting acts, a live performance of which would be prohibited by this section.
   (f)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.20.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
   The provisions of Section 533.20 shall not apply to a theater, which is primarily devoted to theatrical performances. (Ord. 10-89. Passed 2-14-89.)
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
   (a)    No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to any sexual offense involving a minor or repeat sexually oriented offense that is not a registration- exempt sexually oriented offense shall establish a residence or occupy residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake.
   (b)    If a person to whom this section applies violates this section by establishing a residence or occupying residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake, the Director of Law has a cause of action for injunctive relief against the person. The City of Sheffield Lake shall not be required to prove irreparable harm in order to obtain the relief.
   (c)   The City of Sheffield Lake adopts the provisions of the law of Ohio now or hereafter in effect concerning the definition, determination, registration, or classification of a person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a child-victim or repeat sexually oriented offense that is not a registration-exempt sexually oriented offense.
   (d)   The City Council of the City of Sheffield Lake finds that because children are especially vulnerable to being victims of sexually abusive behavior, kidnapping, and abduction, and are likely to be present a significant amount of time on or near school premises, public parks, and libraries, certain persons who have been convicted of, or have plead guilty to a child-victim or repeat sexually oriented offense must not establish a residence or occupy residential premises within one thousand feet (1,000) of any school premises, public park, or library.
   (e)   The Council of the City of Sheffield Lake adopts the determinations and intent of the Ohio General Assembly as articulated in Ohio Revised Code Section 2950.02.
   (f)   The City of Sheffield Lake adopts the definitions now and hereafter in effect for school premises, public parks, or library as defined by the law of Ohio.
   (g)   It is hereby declared to be the intention of the Council of the City of Sheffield Lake that the sections, paragraphs, sentences, clauses, and words of this section are severable and if any word, clause, sentence, paragraph, or section of this section shall be declared unconstitutional or otherwise invalid by the valid judgment of decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses sentences, paragraphs, and sections of this section, because the same would have been enacted by the Council of the City of Sheffield Lake without the incorporation in this section of any such unconstitutional or invalid word, clause, sentence, paragraph, or section.   
   (h)   Anyone presently affected by this section and its inclusion of parks shall not be required to leave their current residence as a result of the enactment of this section.
   (i)   All present and future registered sexual offenders residing within the City of Sheffield Lake shall be required to register with the Chief of Police.
   (j)   Failure of all present and future sexual offenders to register with the Chief of Police will be punishable as a first degree misdemeanor.
(Ord. 48-11. Passed 10-25-11.)

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533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.

533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.

Document typesection
Identifier533.13
Citation§ 533.13
Ordinances detectedS, 116-84, 10-89, ER, 48-11
Original sourceAmerican Legal Publishing
Content hashffab21684db0bb21138166f7ae018058346024408acd33f72a1f85c92eef51c8

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
CHAPTER 533 Obscenity and Sex Offenses
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
   (a)   No person, with knowledge of its character or content, shall recklessly do any of the following:
      (1)   Directly sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (2)   Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (3)   While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile to review or peruse any material or view any live performance that is harmful to juveniles.
   (b)   The following are affirmative defenses to a charge under this section, that involves material or a performance that is harmful to juveniles but not obscene:
      (1)   The defendant is the parent, guardian or spouse of the juvenile involved.
      (2)   The juvenile involved, at the time of the conduct in question, was accompanied by the juvenile’s parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
      (3)   The juvenile exhibited to the defendant or the defendant’s agent or employee a draft card, driver's license, birth certificate, marriage license, or other official or apparently official document purporting to show that the juvenile was eighteen years of age or over or married, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of eighteen and unmarried.
   (c)   (1)   It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or harmful to juveniles, that the material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
      (2)   Except as provided in subsection (b)(3) hereof, mistake of age is not a defense to a charge under this section.
   (d)   (1)   A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents, or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present material or a performance to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section by means of an electronic method of remotely transmitting information if the person knows or has reason to believe that the person receiving the information is a juvenile or the group of persons receiving the information are juveniles.
      (2)   A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or performance in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section if either of the following applies:
         A.   The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.
         B.   The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.
   (e)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
   (f)   Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance involved is harmful to juveniles, except as otherwise provided in this subsection, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, a violation of this section is a felony and shall be prosecuted under appropriate State law. (ORC 2907.31)
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
   (a)   No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles shall do either of the following:
      (1)   Falsely represent that he is the parent, guardian or spouse of such juvenile;
      (2)   Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married.
   (b)   No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
      (1)   Falsely represent that he is eighteen years of age or over or married;
      (2)   Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.
   (c)   Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as may be appropriate under Ohio R.C. Chapter 2151. (ORC 2907.33)
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
   (a)   No person who has custody, control or supervision of a commercial establishment, with knowledge of the character or content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.
       
   (b)   It is not a violation of subsection (a) hereof if the material in question is displayed by placing it behind "blinder racks" or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.
   (c)   Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree. Each day during which the offender is in violation of this section constitutes a separate offense. (ORC 2907.311)
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
   (a)   No person with knowledge of the character of material, shall do any of the following:
      (1)   Possess or control any obscene material that has a minor as one of the participants.
      (2)   Possess or control any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
      (3)   Possess or control any nudity oriented matter that shows a minor who is not the person’s child or ward, unless one of the following applies:
         A.   The material is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge or other person having a proper interest in the material or performance.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.15 AFFIRMATIVE DEFENSES.
   It is an affirmative defense to a charge under this section, involving material or a performance which is obscene or harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(Ord. 10-89. Passed 2-14-89.)
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
   (a)   No person, having control or supervision of any business or commercial establishment or premises, with knowledge of its character of the material involved, shall:
      (1)   Exhibit or display for sale any material which is harmful to juveniles unless the material is exhibited or displayed in a portion of the business premises which is inaccessible to juveniles or unless the material is exhibited or displayed in a manner which prohibits examination or observation by juveniles.
   (b)   Whoever violates this section is guilty of furnishing material harmful to juveniles, a misdemeanor of the first degree. (Ord. 10-89. Passed 2-14-89.)
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
   No person who, while acting as a waiter, waitress or entertainer, in an establishment which serves food, beverages or food and beverages including, but not limited to, alcoholic beverages for consumption on the premises of the establishment:
   (a)   Expose his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.17.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
   A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.
(Ord. 10-89. Passed 2-14-89.)
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
   No person shall, while participating in any live act, demonstration or exhibition, in any public place, place open to the public, or place open to public view:
   (a)   Exposes his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof;
   (d)   Commits actual or simulated touching, caressing or fondling on the breasts, buttocks, anus or genitals.
   (e)   Displays films or pictures depicting acts, a live performance of which would be prohibited by this section.
   (f)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.20.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
   The provisions of Section 533.20 shall not apply to a theater, which is primarily devoted to theatrical performances. (Ord. 10-89. Passed 2-14-89.)
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
   (a)    No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to any sexual offense involving a minor or repeat sexually oriented offense that is not a registration- exempt sexually oriented offense shall establish a residence or occupy residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake.
   (b)    If a person to whom this section applies violates this section by establishing a residence or occupying residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake, the Director of Law has a cause of action for injunctive relief against the person. The City of Sheffield Lake shall not be required to prove irreparable harm in order to obtain the relief.
   (c)   The City of Sheffield Lake adopts the provisions of the law of Ohio now or hereafter in effect concerning the definition, determination, registration, or classification of a person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a child-victim or repeat sexually oriented offense that is not a registration-exempt sexually oriented offense.
   (d)   The City Council of the City of Sheffield Lake finds that because children are especially vulnerable to being victims of sexually abusive behavior, kidnapping, and abduction, and are likely to be present a significant amount of time on or near school premises, public parks, and libraries, certain persons who have been convicted of, or have plead guilty to a child-victim or repeat sexually oriented offense must not establish a residence or occupy residential premises within one thousand feet (1,000) of any school premises, public park, or library.
   (e)   The Council of the City of Sheffield Lake adopts the determinations and intent of the Ohio General Assembly as articulated in Ohio Revised Code Section 2950.02.
   (f)   The City of Sheffield Lake adopts the definitions now and hereafter in effect for school premises, public parks, or library as defined by the law of Ohio.
   (g)   It is hereby declared to be the intention of the Council of the City of Sheffield Lake that the sections, paragraphs, sentences, clauses, and words of this section are severable and if any word, clause, sentence, paragraph, or section of this section shall be declared unconstitutional or otherwise invalid by the valid judgment of decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses sentences, paragraphs, and sections of this section, because the same would have been enacted by the Council of the City of Sheffield Lake without the incorporation in this section of any such unconstitutional or invalid word, clause, sentence, paragraph, or section.   
   (h)   Anyone presently affected by this section and its inclusion of parks shall not be required to leave their current residence as a result of the enactment of this section.
   (i)   All present and future registered sexual offenders residing within the City of Sheffield Lake shall be required to register with the Chief of Police.
   (j)   Failure of all present and future sexual offenders to register with the Chief of Police will be punishable as a first degree misdemeanor.
(Ord. 48-11. Passed 10-25-11.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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533.14 PROHIBITION OF CHILD PORNOGRAPHY.

533.14 PROHIBITION OF CHILD PORNOGRAPHY.

Document typesection
Identifier533.14
Citation§ 533.14
Ordinances detectedS, 116-84, 10-89, ER, 48-11
Original sourceAmerican Legal Publishing
Content hash80f13af0d94772772d923eed059e74082e341edf7f5da927c57ac452d705041f

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
CHAPTER 533 Obscenity and Sex Offenses
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
   (a)   No person, with knowledge of its character or content, shall recklessly do any of the following:
      (1)   Directly sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (2)   Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (3)   While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile to review or peruse any material or view any live performance that is harmful to juveniles.
   (b)   The following are affirmative defenses to a charge under this section, that involves material or a performance that is harmful to juveniles but not obscene:
      (1)   The defendant is the parent, guardian or spouse of the juvenile involved.
      (2)   The juvenile involved, at the time of the conduct in question, was accompanied by the juvenile’s parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
      (3)   The juvenile exhibited to the defendant or the defendant’s agent or employee a draft card, driver's license, birth certificate, marriage license, or other official or apparently official document purporting to show that the juvenile was eighteen years of age or over or married, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of eighteen and unmarried.
   (c)   (1)   It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or harmful to juveniles, that the material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
      (2)   Except as provided in subsection (b)(3) hereof, mistake of age is not a defense to a charge under this section.
   (d)   (1)   A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents, or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present material or a performance to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section by means of an electronic method of remotely transmitting information if the person knows or has reason to believe that the person receiving the information is a juvenile or the group of persons receiving the information are juveniles.
      (2)   A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or performance in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section if either of the following applies:
         A.   The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.
         B.   The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.
   (e)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
   (f)   Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance involved is harmful to juveniles, except as otherwise provided in this subsection, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, a violation of this section is a felony and shall be prosecuted under appropriate State law. (ORC 2907.31)
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
   (a)   No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles shall do either of the following:
      (1)   Falsely represent that he is the parent, guardian or spouse of such juvenile;
      (2)   Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married.
   (b)   No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
      (1)   Falsely represent that he is eighteen years of age or over or married;
      (2)   Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.
   (c)   Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as may be appropriate under Ohio R.C. Chapter 2151. (ORC 2907.33)
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
   (a)   No person who has custody, control or supervision of a commercial establishment, with knowledge of the character or content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.
       
   (b)   It is not a violation of subsection (a) hereof if the material in question is displayed by placing it behind "blinder racks" or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.
   (c)   Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree. Each day during which the offender is in violation of this section constitutes a separate offense. (ORC 2907.311)
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
   (a)   No person with knowledge of the character of material, shall do any of the following:
      (1)   Possess or control any obscene material that has a minor as one of the participants.
      (2)   Possess or control any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
      (3)   Possess or control any nudity oriented matter that shows a minor who is not the person’s child or ward, unless one of the following applies:
         A.   The material is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge or other person having a proper interest in the material or performance.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.15 AFFIRMATIVE DEFENSES.
   It is an affirmative defense to a charge under this section, involving material or a performance which is obscene or harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(Ord. 10-89. Passed 2-14-89.)
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
   (a)   No person, having control or supervision of any business or commercial establishment or premises, with knowledge of its character of the material involved, shall:
      (1)   Exhibit or display for sale any material which is harmful to juveniles unless the material is exhibited or displayed in a portion of the business premises which is inaccessible to juveniles or unless the material is exhibited or displayed in a manner which prohibits examination or observation by juveniles.
   (b)   Whoever violates this section is guilty of furnishing material harmful to juveniles, a misdemeanor of the first degree. (Ord. 10-89. Passed 2-14-89.)
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
   No person who, while acting as a waiter, waitress or entertainer, in an establishment which serves food, beverages or food and beverages including, but not limited to, alcoholic beverages for consumption on the premises of the establishment:
   (a)   Expose his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.17.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
   A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.
(Ord. 10-89. Passed 2-14-89.)
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
   No person shall, while participating in any live act, demonstration or exhibition, in any public place, place open to the public, or place open to public view:
   (a)   Exposes his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof;
   (d)   Commits actual or simulated touching, caressing or fondling on the breasts, buttocks, anus or genitals.
   (e)   Displays films or pictures depicting acts, a live performance of which would be prohibited by this section.
   (f)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.20.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
   The provisions of Section 533.20 shall not apply to a theater, which is primarily devoted to theatrical performances. (Ord. 10-89. Passed 2-14-89.)
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
   (a)    No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to any sexual offense involving a minor or repeat sexually oriented offense that is not a registration- exempt sexually oriented offense shall establish a residence or occupy residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake.
   (b)    If a person to whom this section applies violates this section by establishing a residence or occupying residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake, the Director of Law has a cause of action for injunctive relief against the person. The City of Sheffield Lake shall not be required to prove irreparable harm in order to obtain the relief.
   (c)   The City of Sheffield Lake adopts the provisions of the law of Ohio now or hereafter in effect concerning the definition, determination, registration, or classification of a person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a child-victim or repeat sexually oriented offense that is not a registration-exempt sexually oriented offense.
   (d)   The City Council of the City of Sheffield Lake finds that because children are especially vulnerable to being victims of sexually abusive behavior, kidnapping, and abduction, and are likely to be present a significant amount of time on or near school premises, public parks, and libraries, certain persons who have been convicted of, or have plead guilty to a child-victim or repeat sexually oriented offense must not establish a residence or occupy residential premises within one thousand feet (1,000) of any school premises, public park, or library.
   (e)   The Council of the City of Sheffield Lake adopts the determinations and intent of the Ohio General Assembly as articulated in Ohio Revised Code Section 2950.02.
   (f)   The City of Sheffield Lake adopts the definitions now and hereafter in effect for school premises, public parks, or library as defined by the law of Ohio.
   (g)   It is hereby declared to be the intention of the Council of the City of Sheffield Lake that the sections, paragraphs, sentences, clauses, and words of this section are severable and if any word, clause, sentence, paragraph, or section of this section shall be declared unconstitutional or otherwise invalid by the valid judgment of decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses sentences, paragraphs, and sections of this section, because the same would have been enacted by the Council of the City of Sheffield Lake without the incorporation in this section of any such unconstitutional or invalid word, clause, sentence, paragraph, or section.   
   (h)   Anyone presently affected by this section and its inclusion of parks shall not be required to leave their current residence as a result of the enactment of this section.
   (i)   All present and future registered sexual offenders residing within the City of Sheffield Lake shall be required to register with the Chief of Police.
   (j)   Failure of all present and future sexual offenders to register with the Chief of Police will be punishable as a first degree misdemeanor.
(Ord. 48-11. Passed 10-25-11.)
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
   (a)   No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
   (b)   Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
   (c)   Nothing in this section prevents the legislative authority of a municipal corporation or township from enacting any regulation of the advertising of massage further than and in addition to the provisions of subsections (a) and (b) of this section.
(ORC 2927.17)
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
   (a)   As used in this section:
      (1)   “Disseminate” means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.
      (2)   “Image” means a photograph, film, videotape, digital recording or other depiction or portrayal of a person.
      (3)   “Interactive computer service” has the meaning defined in the “Telecommunications Act of 1996", 47 U.S.C. 230, as amended.
      (4)   “Internet provider” means a provider of internet service, including all of the following:
         A.   Broadband service, however defined or classified by the federal communications commission;
         B.   Information service or telecommunication service, both as defined in the “Telecommunications Act of 1996" 47 U.S.C. 153, as amended.
         C.   Internet protocol-enabled services, as defined in Ohio R.C. 4927.01.
      (5)   “Mobile service” and “telecommunications carrier” have the meanings defined in 47 U.S.C. 153, as amended.
      (6)   “Cable service provider” has the same meaning as in Ohio R.C. 1332.01.
      (7)   “Direct-to-home satellite service” has the meaning defined in 47 U.S.C. 303, as amended.
      (8)   “Video service provider” has the same meaning as in Ohio R.C. 1332.21.
      (9)   “Sexual act” means any of the following:
         A.   Sexual activity;
         B.   Masturbation;
         C.   An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;
         D.   Sado-masochistic abuse.
   
   (b)   No person shall knowingly disseminate an image of another person if all of the following apply:
      (1)   The person in the image is eighteen years of age or older;
      (2)   The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
      (3)   The person in the image is in a state of nudity or is engaged in a sexual act;
      (4)   The image is disseminated without consent from the person in the image;
      (5)   The image is disseminated with intent to harm the person in the image.
   (c)   This section does not prohibit the dissemination of an image if any of the following apply:
      (1)   The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.
      (2)   The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.
      (3)   The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
      (4)   The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.
      (5)   The image is disseminated for another lawful public purpose;
      (6)   The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.
      (7)   The image is disseminated for the purpose of medical treatment or examination.
   (d)   The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:
      (1)   A provider of interactive computer service;
      (2)   A mobile service;
      (3)   A telecommunications carrier;
      (4)   An internet provider;
      (5)   A cable service provider;
      (6)   A direct-to-home satellite service;
      (7)   A video service provider.
   (e)   Any conduct that is a violation of this section and any other section of the General Offenses Code, or the Revised Code may be prosecuted under this section, the other section, or both sections.
   (f)   (1)   A.   Except as otherwise provided in subsection (f)(1)B., C., or D. of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
         B.   If the offender previously has been convicted of or pleaded guilty to a violation of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
         C.   If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
         D.   If the offender is under eighteen years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.
      (2)   In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under Ohio R.C. Chapter 2981.
         A.   Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;
         B.   Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.
   (g)   A victim of a violation of this section may commence a civil cause of action against the offender, as described in Ohio R.C. 2307.66.
(ORC 2917.211)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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533.15 AFFIRMATIVE DEFENSES.

533.15 AFFIRMATIVE DEFENSES.

Document typesection
Identifier533.15
Citation§ 533.15
Ordinances detectedS, 116-84, 10-89, ER, 48-11
Original sourceAmerican Legal Publishing
Content hash48c62d8ba54405b4f9e8b1b1019b281432bcdd18d55e8e9a3b266b077786b5c1

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.15 AFFIRMATIVE DEFENSES.
CHAPTER 533 Obscenity and Sex Offenses
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
   (a)   No person, with knowledge of its character or content, shall recklessly do any of the following:
      (1)   Directly sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (2)   Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;
      (3)   While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile to review or peruse any material or view any live performance that is harmful to juveniles.
   (b)   The following are affirmative defenses to a charge under this section, that involves material or a performance that is harmful to juveniles but not obscene:
      (1)   The defendant is the parent, guardian or spouse of the juvenile involved.
      (2)   The juvenile involved, at the time of the conduct in question, was accompanied by the juvenile’s parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
      (3)   The juvenile exhibited to the defendant or the defendant’s agent or employee a draft card, driver's license, birth certificate, marriage license, or other official or apparently official document purporting to show that the juvenile was eighteen years of age or over or married, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of eighteen and unmarried.
   (c)   (1)   It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or harmful to juveniles, that the material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
      (2)   Except as provided in subsection (b)(3) hereof, mistake of age is not a defense to a charge under this section.
   (d)   (1)   A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents, or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present material or a performance to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section by means of an electronic method of remotely transmitting information if the person knows or has reason to believe that the person receiving the information is a juvenile or the group of persons receiving the information are juveniles.
      (2)   A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or performance in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section if either of the following applies:
         A.   The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.
         B.   The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.
   (e)   If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.
   (f)   Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance involved is harmful to juveniles, except as otherwise provided in this subsection, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, a violation of this section is a felony and shall be prosecuted under appropriate State law. (ORC 2907.31)
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
   (a)   No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles shall do either of the following:
      (1)   Falsely represent that he is the parent, guardian or spouse of such juvenile;
      (2)   Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married.
   (b)   No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
      (1)   Falsely represent that he is eighteen years of age or over or married;
      (2)   Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.
   (c)   Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as may be appropriate under Ohio R.C. Chapter 2151. (ORC 2907.33)
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
   (a)   No person who has custody, control or supervision of a commercial establishment, with knowledge of the character or content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.
       
   (b)   It is not a violation of subsection (a) hereof if the material in question is displayed by placing it behind "blinder racks" or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.
   (c)   Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree. Each day during which the offender is in violation of this section constitutes a separate offense. (ORC 2907.311)
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
   (a)   No person with knowledge of the character of material, shall do any of the following:
      (1)   Possess or control any obscene material that has a minor as one of the participants.
      (2)   Possess or control any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
      (3)   Possess or control any nudity oriented matter that shows a minor who is not the person’s child or ward, unless one of the following applies:
         A.   The material is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge or other person having a proper interest in the material or performance.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.15 AFFIRMATIVE DEFENSES.
   It is an affirmative defense to a charge under this section, involving material or a performance which is obscene or harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(Ord. 10-89. Passed 2-14-89.)
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
   (a)   No person, having control or supervision of any business or commercial establishment or premises, with knowledge of its character of the material involved, shall:
      (1)   Exhibit or display for sale any material which is harmful to juveniles unless the material is exhibited or displayed in a portion of the business premises which is inaccessible to juveniles or unless the material is exhibited or displayed in a manner which prohibits examination or observation by juveniles.
   (b)   Whoever violates this section is guilty of furnishing material harmful to juveniles, a misdemeanor of the first degree. (Ord. 10-89. Passed 2-14-89.)
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
   No person who, while acting as a waiter, waitress or entertainer, in an establishment which serves food, beverages or food and beverages including, but not limited to, alcoholic beverages for consumption on the premises of the establishment:
   (a)   Expose his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.17.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
   A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.
(Ord. 10-89. Passed 2-14-89.)
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
   No person shall, while participating in any live act, demonstration or exhibition, in any public place, place open to the public, or place open to public view:
   (a)   Exposes his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof;
   (d)   Commits actual or simulated touching, caressing or fondling on the breasts, buttocks, anus or genitals.
   (e)   Displays films or pictures depicting acts, a live performance of which would be prohibited by this section.
   (f)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.20.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
   The provisions of Section 533.20 shall not apply to a theater, which is primarily devoted to theatrical performances. (Ord. 10-89. Passed 2-14-89.)
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
   (a)    No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to any sexual offense involving a minor or repeat sexually oriented offense that is not a registration- exempt sexually oriented offense shall establish a residence or occupy residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake.
   (b)    If a person to whom this section applies violates this section by establishing a residence or occupying residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake, the Director of Law has a cause of action for injunctive relief against the person. The City of Sheffield Lake shall not be required to prove irreparable harm in order to obtain the relief.
   (c)   The City of Sheffield Lake adopts the provisions of the law of Ohio now or hereafter in effect concerning the definition, determination, registration, or classification of a person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a child-victim or repeat sexually oriented offense that is not a registration-exempt sexually oriented offense.
   (d)   The City Council of the City of Sheffield Lake finds that because children are especially vulnerable to being victims of sexually abusive behavior, kidnapping, and abduction, and are likely to be present a significant amount of time on or near school premises, public parks, and libraries, certain persons who have been convicted of, or have plead guilty to a child-victim or repeat sexually oriented offense must not establish a residence or occupy residential premises within one thousand feet (1,000) of any school premises, public park, or library.
   (e)   The Council of the City of Sheffield Lake adopts the determinations and intent of the Ohio General Assembly as articulated in Ohio Revised Code Section 2950.02.
   (f)   The City of Sheffield Lake adopts the definitions now and hereafter in effect for school premises, public parks, or library as defined by the law of Ohio.
   (g)   It is hereby declared to be the intention of the Council of the City of Sheffield Lake that the sections, paragraphs, sentences, clauses, and words of this section are severable and if any word, clause, sentence, paragraph, or section of this section shall be declared unconstitutional or otherwise invalid by the valid judgment of decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses sentences, paragraphs, and sections of this section, because the same would have been enacted by the Council of the City of Sheffield Lake without the incorporation in this section of any such unconstitutional or invalid word, clause, sentence, paragraph, or section.   
   (h)   Anyone presently affected by this section and its inclusion of parks shall not be required to leave their current residence as a result of the enactment of this section.
   (i)   All present and future registered sexual offenders residing within the City of Sheffield Lake shall be required to register with the Chief of Police.
   (j)   Failure of all present and future sexual offenders to register with the Chief of Police will be punishable as a first degree misdemeanor.
(Ord. 48-11. Passed 10-25-11.)
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
   (a)   No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
   (b)   Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
   (c)   Nothing in this section prevents the legislative authority of a municipal corporation or township from enacting any regulation of the advertising of massage further than and in addition to the provisions of subsections (a) and (b) of this section.
(ORC 2927.17)
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
   (a)   As used in this section:
      (1)   “Disseminate” means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.
      (2)   “Image” means a photograph, film, videotape, digital recording or other depiction or portrayal of a person.
      (3)   “Interactive computer service” has the meaning defined in the “Telecommunications Act of 1996", 47 U.S.C. 230, as amended.
      (4)   “Internet provider” means a provider of internet service, including all of the following:
         A.   Broadband service, however defined or classified by the federal communications commission;
         B.   Information service or telecommunication service, both as defined in the “Telecommunications Act of 1996" 47 U.S.C. 153, as amended.
         C.   Internet protocol-enabled services, as defined in Ohio R.C. 4927.01.
      (5)   “Mobile service” and “telecommunications carrier” have the meanings defined in 47 U.S.C. 153, as amended.
      (6)   “Cable service provider” has the same meaning as in Ohio R.C. 1332.01.
      (7)   “Direct-to-home satellite service” has the meaning defined in 47 U.S.C. 303, as amended.
      (8)   “Video service provider” has the same meaning as in Ohio R.C. 1332.21.
      (9)   “Sexual act” means any of the following:
         A.   Sexual activity;
         B.   Masturbation;
         C.   An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;
         D.   Sado-masochistic abuse.
   
   (b)   No person shall knowingly disseminate an image of another person if all of the following apply:
      (1)   The person in the image is eighteen years of age or older;
      (2)   The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
      (3)   The person in the image is in a state of nudity or is engaged in a sexual act;
      (4)   The image is disseminated without consent from the person in the image;
      (5)   The image is disseminated with intent to harm the person in the image.
   (c)   This section does not prohibit the dissemination of an image if any of the following apply:
      (1)   The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.
      (2)   The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.
      (3)   The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
      (4)   The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.
      (5)   The image is disseminated for another lawful public purpose;
      (6)   The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.
      (7)   The image is disseminated for the purpose of medical treatment or examination.
   (d)   The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:
      (1)   A provider of interactive computer service;
      (2)   A mobile service;
      (3)   A telecommunications carrier;
      (4)   An internet provider;
      (5)   A cable service provider;
      (6)   A direct-to-home satellite service;
      (7)   A video service provider.
   (e)   Any conduct that is a violation of this section and any other section of the General Offenses Code, or the Revised Code may be prosecuted under this section, the other section, or both sections.
   (f)   (1)   A.   Except as otherwise provided in subsection (f)(1)B., C., or D. of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
         B.   If the offender previously has been convicted of or pleaded guilty to a violation of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
         C.   If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
         D.   If the offender is under eighteen years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.
      (2)   In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under Ohio R.C. Chapter 2981.
         A.   Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;
         B.   Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.
   (g)   A victim of a violation of this section may commence a civil cause of action against the offender, as described in Ohio R.C. 2307.66.
(ORC 2917.211)

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533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.

533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.

Document typesection
Identifier533.16
Citation§ 533.16
Ordinances detectedS, 116-84, 10-89, ER, 48-11
Original sourceAmerican Legal Publishing
Content hashaa0800a31d10198732e32b325150788338a0bccd348668a50a1b216b51959d71

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
CHAPTER 533 Obscenity and Sex Offenses
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
   (a)   No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles shall do either of the following:
      (1)   Falsely represent that he is the parent, guardian or spouse of such juvenile;
      (2)   Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married.
   (b)   No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
      (1)   Falsely represent that he is eighteen years of age or over or married;
      (2)   Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.
   (c)   Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as may be appropriate under Ohio R.C. Chapter 2151. (ORC 2907.33)
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
   (a)   No person who has custody, control or supervision of a commercial establishment, with knowledge of the character or content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.
       
   (b)   It is not a violation of subsection (a) hereof if the material in question is displayed by placing it behind "blinder racks" or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.
   (c)   Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree. Each day during which the offender is in violation of this section constitutes a separate offense. (ORC 2907.311)
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
   (a)   No person with knowledge of the character of material, shall do any of the following:
      (1)   Possess or control any obscene material that has a minor as one of the participants.
      (2)   Possess or control any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
      (3)   Possess or control any nudity oriented matter that shows a minor who is not the person’s child or ward, unless one of the following applies:
         A.   The material is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge or other person having a proper interest in the material or performance.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.15 AFFIRMATIVE DEFENSES.
   It is an affirmative defense to a charge under this section, involving material or a performance which is obscene or harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(Ord. 10-89. Passed 2-14-89.)
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
   (a)   No person, having control or supervision of any business or commercial establishment or premises, with knowledge of its character of the material involved, shall:
      (1)   Exhibit or display for sale any material which is harmful to juveniles unless the material is exhibited or displayed in a portion of the business premises which is inaccessible to juveniles or unless the material is exhibited or displayed in a manner which prohibits examination or observation by juveniles.
   (b)   Whoever violates this section is guilty of furnishing material harmful to juveniles, a misdemeanor of the first degree. (Ord. 10-89. Passed 2-14-89.)
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
   No person who, while acting as a waiter, waitress or entertainer, in an establishment which serves food, beverages or food and beverages including, but not limited to, alcoholic beverages for consumption on the premises of the establishment:
   (a)   Expose his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.17.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
   A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.
(Ord. 10-89. Passed 2-14-89.)
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
   No person shall, while participating in any live act, demonstration or exhibition, in any public place, place open to the public, or place open to public view:
   (a)   Exposes his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof;
   (d)   Commits actual or simulated touching, caressing or fondling on the breasts, buttocks, anus or genitals.
   (e)   Displays films or pictures depicting acts, a live performance of which would be prohibited by this section.
   (f)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.20.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
   The provisions of Section 533.20 shall not apply to a theater, which is primarily devoted to theatrical performances. (Ord. 10-89. Passed 2-14-89.)
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
   (a)    No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to any sexual offense involving a minor or repeat sexually oriented offense that is not a registration- exempt sexually oriented offense shall establish a residence or occupy residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake.
   (b)    If a person to whom this section applies violates this section by establishing a residence or occupying residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake, the Director of Law has a cause of action for injunctive relief against the person. The City of Sheffield Lake shall not be required to prove irreparable harm in order to obtain the relief.
   (c)   The City of Sheffield Lake adopts the provisions of the law of Ohio now or hereafter in effect concerning the definition, determination, registration, or classification of a person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a child-victim or repeat sexually oriented offense that is not a registration-exempt sexually oriented offense.
   (d)   The City Council of the City of Sheffield Lake finds that because children are especially vulnerable to being victims of sexually abusive behavior, kidnapping, and abduction, and are likely to be present a significant amount of time on or near school premises, public parks, and libraries, certain persons who have been convicted of, or have plead guilty to a child-victim or repeat sexually oriented offense must not establish a residence or occupy residential premises within one thousand feet (1,000) of any school premises, public park, or library.
   (e)   The Council of the City of Sheffield Lake adopts the determinations and intent of the Ohio General Assembly as articulated in Ohio Revised Code Section 2950.02.
   (f)   The City of Sheffield Lake adopts the definitions now and hereafter in effect for school premises, public parks, or library as defined by the law of Ohio.
   (g)   It is hereby declared to be the intention of the Council of the City of Sheffield Lake that the sections, paragraphs, sentences, clauses, and words of this section are severable and if any word, clause, sentence, paragraph, or section of this section shall be declared unconstitutional or otherwise invalid by the valid judgment of decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses sentences, paragraphs, and sections of this section, because the same would have been enacted by the Council of the City of Sheffield Lake without the incorporation in this section of any such unconstitutional or invalid word, clause, sentence, paragraph, or section.   
   (h)   Anyone presently affected by this section and its inclusion of parks shall not be required to leave their current residence as a result of the enactment of this section.
   (i)   All present and future registered sexual offenders residing within the City of Sheffield Lake shall be required to register with the Chief of Police.
   (j)   Failure of all present and future sexual offenders to register with the Chief of Police will be punishable as a first degree misdemeanor.
(Ord. 48-11. Passed 10-25-11.)
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
   (a)   No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
   (b)   Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
   (c)   Nothing in this section prevents the legislative authority of a municipal corporation or township from enacting any regulation of the advertising of massage further than and in addition to the provisions of subsections (a) and (b) of this section.
(ORC 2927.17)

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533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.

533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.

Document typesection
Identifier533.17
Citation§ 533.17
Ordinances detectedS, 116-84, 10-89, ER, 48-11
Original sourceAmerican Legal Publishing
Content hash0b9a11b34ee2ec25fea1b78f3478e534fba8feecb2a7ed9555375a5a2f4ff652

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
CHAPTER 533 Obscenity and Sex Offenses
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
   (a)   No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles shall do either of the following:
      (1)   Falsely represent that he is the parent, guardian or spouse of such juvenile;
      (2)   Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married.
   (b)   No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
      (1)   Falsely represent that he is eighteen years of age or over or married;
      (2)   Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.
   (c)   Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as may be appropriate under Ohio R.C. Chapter 2151. (ORC 2907.33)
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
   (a)   No person who has custody, control or supervision of a commercial establishment, with knowledge of the character or content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.
       
   (b)   It is not a violation of subsection (a) hereof if the material in question is displayed by placing it behind "blinder racks" or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.
   (c)   Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree. Each day during which the offender is in violation of this section constitutes a separate offense. (ORC 2907.311)
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
   (a)   No person with knowledge of the character of material, shall do any of the following:
      (1)   Possess or control any obscene material that has a minor as one of the participants.
      (2)   Possess or control any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
      (3)   Possess or control any nudity oriented matter that shows a minor who is not the person’s child or ward, unless one of the following applies:
         A.   The material is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge or other person having a proper interest in the material or performance.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.15 AFFIRMATIVE DEFENSES.
   It is an affirmative defense to a charge under this section, involving material or a performance which is obscene or harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(Ord. 10-89. Passed 2-14-89.)
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
   (a)   No person, having control or supervision of any business or commercial establishment or premises, with knowledge of its character of the material involved, shall:
      (1)   Exhibit or display for sale any material which is harmful to juveniles unless the material is exhibited or displayed in a portion of the business premises which is inaccessible to juveniles or unless the material is exhibited or displayed in a manner which prohibits examination or observation by juveniles.
   (b)   Whoever violates this section is guilty of furnishing material harmful to juveniles, a misdemeanor of the first degree. (Ord. 10-89. Passed 2-14-89.)
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
   No person who, while acting as a waiter, waitress or entertainer, in an establishment which serves food, beverages or food and beverages including, but not limited to, alcoholic beverages for consumption on the premises of the establishment:
   (a)   Expose his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.17.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
   A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.
(Ord. 10-89. Passed 2-14-89.)
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
   No person shall, while participating in any live act, demonstration or exhibition, in any public place, place open to the public, or place open to public view:
   (a)   Exposes his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof;
   (d)   Commits actual or simulated touching, caressing or fondling on the breasts, buttocks, anus or genitals.
   (e)   Displays films or pictures depicting acts, a live performance of which would be prohibited by this section.
   (f)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.20.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
   The provisions of Section 533.20 shall not apply to a theater, which is primarily devoted to theatrical performances. (Ord. 10-89. Passed 2-14-89.)
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
   (a)    No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to any sexual offense involving a minor or repeat sexually oriented offense that is not a registration- exempt sexually oriented offense shall establish a residence or occupy residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake.
   (b)    If a person to whom this section applies violates this section by establishing a residence or occupying residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake, the Director of Law has a cause of action for injunctive relief against the person. The City of Sheffield Lake shall not be required to prove irreparable harm in order to obtain the relief.
   (c)   The City of Sheffield Lake adopts the provisions of the law of Ohio now or hereafter in effect concerning the definition, determination, registration, or classification of a person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a child-victim or repeat sexually oriented offense that is not a registration-exempt sexually oriented offense.
   (d)   The City Council of the City of Sheffield Lake finds that because children are especially vulnerable to being victims of sexually abusive behavior, kidnapping, and abduction, and are likely to be present a significant amount of time on or near school premises, public parks, and libraries, certain persons who have been convicted of, or have plead guilty to a child-victim or repeat sexually oriented offense must not establish a residence or occupy residential premises within one thousand feet (1,000) of any school premises, public park, or library.
   (e)   The Council of the City of Sheffield Lake adopts the determinations and intent of the Ohio General Assembly as articulated in Ohio Revised Code Section 2950.02.
   (f)   The City of Sheffield Lake adopts the definitions now and hereafter in effect for school premises, public parks, or library as defined by the law of Ohio.
   (g)   It is hereby declared to be the intention of the Council of the City of Sheffield Lake that the sections, paragraphs, sentences, clauses, and words of this section are severable and if any word, clause, sentence, paragraph, or section of this section shall be declared unconstitutional or otherwise invalid by the valid judgment of decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses sentences, paragraphs, and sections of this section, because the same would have been enacted by the Council of the City of Sheffield Lake without the incorporation in this section of any such unconstitutional or invalid word, clause, sentence, paragraph, or section.   
   (h)   Anyone presently affected by this section and its inclusion of parks shall not be required to leave their current residence as a result of the enactment of this section.
   (i)   All present and future registered sexual offenders residing within the City of Sheffield Lake shall be required to register with the Chief of Police.
   (j)   Failure of all present and future sexual offenders to register with the Chief of Police will be punishable as a first degree misdemeanor.
(Ord. 48-11. Passed 10-25-11.)
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
   (a)   No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
   (b)   Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
   (c)   Nothing in this section prevents the legislative authority of a municipal corporation or township from enacting any regulation of the advertising of massage further than and in addition to the provisions of subsections (a) and (b) of this section.
(ORC 2927.17)
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
   (a)   As used in this section:
      (1)   “Disseminate” means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.
      (2)   “Image” means a photograph, film, videotape, digital recording or other depiction or portrayal of a person.
      (3)   “Interactive computer service” has the meaning defined in the “Telecommunications Act of 1996", 47 U.S.C. 230, as amended.
      (4)   “Internet provider” means a provider of internet service, including all of the following:
         A.   Broadband service, however defined or classified by the federal communications commission;
         B.   Information service or telecommunication service, both as defined in the “Telecommunications Act of 1996" 47 U.S.C. 153, as amended.
         C.   Internet protocol-enabled services, as defined in Ohio R.C. 4927.01.
      (5)   “Mobile service” and “telecommunications carrier” have the meanings defined in 47 U.S.C. 153, as amended.
      (6)   “Cable service provider” has the same meaning as in Ohio R.C. 1332.01.
      (7)   “Direct-to-home satellite service” has the meaning defined in 47 U.S.C. 303, as amended.
      (8)   “Video service provider” has the same meaning as in Ohio R.C. 1332.21.
      (9)   “Sexual act” means any of the following:
         A.   Sexual activity;
         B.   Masturbation;
         C.   An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;
         D.   Sado-masochistic abuse.
   
   (b)   No person shall knowingly disseminate an image of another person if all of the following apply:
      (1)   The person in the image is eighteen years of age or older;
      (2)   The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
      (3)   The person in the image is in a state of nudity or is engaged in a sexual act;
      (4)   The image is disseminated without consent from the person in the image;
      (5)   The image is disseminated with intent to harm the person in the image.
   (c)   This section does not prohibit the dissemination of an image if any of the following apply:
      (1)   The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.
      (2)   The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.
      (3)   The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
      (4)   The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.
      (5)   The image is disseminated for another lawful public purpose;
      (6)   The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.
      (7)   The image is disseminated for the purpose of medical treatment or examination.
   (d)   The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:
      (1)   A provider of interactive computer service;
      (2)   A mobile service;
      (3)   A telecommunications carrier;
      (4)   An internet provider;
      (5)   A cable service provider;
      (6)   A direct-to-home satellite service;
      (7)   A video service provider.
   (e)   Any conduct that is a violation of this section and any other section of the General Offenses Code, or the Revised Code may be prosecuted under this section, the other section, or both sections.
   (f)   (1)   A.   Except as otherwise provided in subsection (f)(1)B., C., or D. of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
         B.   If the offender previously has been convicted of or pleaded guilty to a violation of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
         C.   If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
         D.   If the offender is under eighteen years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.
      (2)   In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under Ohio R.C. Chapter 2981.
         A.   Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;
         B.   Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.
   (g)   A victim of a violation of this section may commence a civil cause of action against the offender, as described in Ohio R.C. 2307.66.
(ORC 2917.211)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.

533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.

Document typesection
Identifier533.18
Citation§ 533.18
Ordinances detectedS, 116-84, 10-89, ER, 48-11
Original sourceAmerican Legal Publishing
Content hashda95dcbaeaff764167e753cc41e0932353751175177a125204d1215845353bfa

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
CHAPTER 533 Obscenity and Sex Offenses
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
   (a)   No person who has custody, control or supervision of a commercial establishment, with knowledge of the character or content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.
       
   (b)   It is not a violation of subsection (a) hereof if the material in question is displayed by placing it behind "blinder racks" or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.
   (c)   Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree. Each day during which the offender is in violation of this section constitutes a separate offense. (ORC 2907.311)
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
   (a)   No person with knowledge of the character of material, shall do any of the following:
      (1)   Possess or control any obscene material that has a minor as one of the participants.
      (2)   Possess or control any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
      (3)   Possess or control any nudity oriented matter that shows a minor who is not the person’s child or ward, unless one of the following applies:
         A.   The material is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge or other person having a proper interest in the material or performance.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.15 AFFIRMATIVE DEFENSES.
   It is an affirmative defense to a charge under this section, involving material or a performance which is obscene or harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(Ord. 10-89. Passed 2-14-89.)
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
   (a)   No person, having control or supervision of any business or commercial establishment or premises, with knowledge of its character of the material involved, shall:
      (1)   Exhibit or display for sale any material which is harmful to juveniles unless the material is exhibited or displayed in a portion of the business premises which is inaccessible to juveniles or unless the material is exhibited or displayed in a manner which prohibits examination or observation by juveniles.
   (b)   Whoever violates this section is guilty of furnishing material harmful to juveniles, a misdemeanor of the first degree. (Ord. 10-89. Passed 2-14-89.)
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
   No person who, while acting as a waiter, waitress or entertainer, in an establishment which serves food, beverages or food and beverages including, but not limited to, alcoholic beverages for consumption on the premises of the establishment:
   (a)   Expose his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.17.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
   A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.
(Ord. 10-89. Passed 2-14-89.)
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
   No person shall, while participating in any live act, demonstration or exhibition, in any public place, place open to the public, or place open to public view:
   (a)   Exposes his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof;
   (d)   Commits actual or simulated touching, caressing or fondling on the breasts, buttocks, anus or genitals.
   (e)   Displays films or pictures depicting acts, a live performance of which would be prohibited by this section.
   (f)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.20.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
   The provisions of Section 533.20 shall not apply to a theater, which is primarily devoted to theatrical performances. (Ord. 10-89. Passed 2-14-89.)
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
   (a)    No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to any sexual offense involving a minor or repeat sexually oriented offense that is not a registration- exempt sexually oriented offense shall establish a residence or occupy residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake.
   (b)    If a person to whom this section applies violates this section by establishing a residence or occupying residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake, the Director of Law has a cause of action for injunctive relief against the person. The City of Sheffield Lake shall not be required to prove irreparable harm in order to obtain the relief.
   (c)   The City of Sheffield Lake adopts the provisions of the law of Ohio now or hereafter in effect concerning the definition, determination, registration, or classification of a person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a child-victim or repeat sexually oriented offense that is not a registration-exempt sexually oriented offense.
   (d)   The City Council of the City of Sheffield Lake finds that because children are especially vulnerable to being victims of sexually abusive behavior, kidnapping, and abduction, and are likely to be present a significant amount of time on or near school premises, public parks, and libraries, certain persons who have been convicted of, or have plead guilty to a child-victim or repeat sexually oriented offense must not establish a residence or occupy residential premises within one thousand feet (1,000) of any school premises, public park, or library.
   (e)   The Council of the City of Sheffield Lake adopts the determinations and intent of the Ohio General Assembly as articulated in Ohio Revised Code Section 2950.02.
   (f)   The City of Sheffield Lake adopts the definitions now and hereafter in effect for school premises, public parks, or library as defined by the law of Ohio.
   (g)   It is hereby declared to be the intention of the Council of the City of Sheffield Lake that the sections, paragraphs, sentences, clauses, and words of this section are severable and if any word, clause, sentence, paragraph, or section of this section shall be declared unconstitutional or otherwise invalid by the valid judgment of decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses sentences, paragraphs, and sections of this section, because the same would have been enacted by the Council of the City of Sheffield Lake without the incorporation in this section of any such unconstitutional or invalid word, clause, sentence, paragraph, or section.   
   (h)   Anyone presently affected by this section and its inclusion of parks shall not be required to leave their current residence as a result of the enactment of this section.
   (i)   All present and future registered sexual offenders residing within the City of Sheffield Lake shall be required to register with the Chief of Police.
   (j)   Failure of all present and future sexual offenders to register with the Chief of Police will be punishable as a first degree misdemeanor.
(Ord. 48-11. Passed 10-25-11.)
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
   (a)   No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
   (b)   Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
   (c)   Nothing in this section prevents the legislative authority of a municipal corporation or township from enacting any regulation of the advertising of massage further than and in addition to the provisions of subsections (a) and (b) of this section.
(ORC 2927.17)
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
   (a)   As used in this section:
      (1)   “Disseminate” means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.
      (2)   “Image” means a photograph, film, videotape, digital recording or other depiction or portrayal of a person.
      (3)   “Interactive computer service” has the meaning defined in the “Telecommunications Act of 1996", 47 U.S.C. 230, as amended.
      (4)   “Internet provider” means a provider of internet service, including all of the following:
         A.   Broadband service, however defined or classified by the federal communications commission;
         B.   Information service or telecommunication service, both as defined in the “Telecommunications Act of 1996" 47 U.S.C. 153, as amended.
         C.   Internet protocol-enabled services, as defined in Ohio R.C. 4927.01.
      (5)   “Mobile service” and “telecommunications carrier” have the meanings defined in 47 U.S.C. 153, as amended.
      (6)   “Cable service provider” has the same meaning as in Ohio R.C. 1332.01.
      (7)   “Direct-to-home satellite service” has the meaning defined in 47 U.S.C. 303, as amended.
      (8)   “Video service provider” has the same meaning as in Ohio R.C. 1332.21.
      (9)   “Sexual act” means any of the following:
         A.   Sexual activity;
         B.   Masturbation;
         C.   An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;
         D.   Sado-masochistic abuse.
   
   (b)   No person shall knowingly disseminate an image of another person if all of the following apply:
      (1)   The person in the image is eighteen years of age or older;
      (2)   The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
      (3)   The person in the image is in a state of nudity or is engaged in a sexual act;
      (4)   The image is disseminated without consent from the person in the image;
      (5)   The image is disseminated with intent to harm the person in the image.
   (c)   This section does not prohibit the dissemination of an image if any of the following apply:
      (1)   The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.
      (2)   The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.
      (3)   The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
      (4)   The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.
      (5)   The image is disseminated for another lawful public purpose;
      (6)   The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.
      (7)   The image is disseminated for the purpose of medical treatment or examination.
   (d)   The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:
      (1)   A provider of interactive computer service;
      (2)   A mobile service;
      (3)   A telecommunications carrier;
      (4)   An internet provider;
      (5)   A cable service provider;
      (6)   A direct-to-home satellite service;
      (7)   A video service provider.
   (e)   Any conduct that is a violation of this section and any other section of the General Offenses Code, or the Revised Code may be prosecuted under this section, the other section, or both sections.
   (f)   (1)   A.   Except as otherwise provided in subsection (f)(1)B., C., or D. of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
         B.   If the offender previously has been convicted of or pleaded guilty to a violation of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
         C.   If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
         D.   If the offender is under eighteen years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.
      (2)   In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under Ohio R.C. Chapter 2981.
         A.   Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;
         B.   Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.
   (g)   A victim of a violation of this section may commence a civil cause of action against the offender, as described in Ohio R.C. 2307.66.
(ORC 2917.211)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.

533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.

Document typesection
Identifier533.19
Citation§ 533.19
Ordinances detectedS, 116-84, 10-89, ER, 48-11
Original sourceAmerican Legal Publishing
Content hashd02fe9764d8323fd4264bdfba83a17158218609081c1ccb22b8c5ad3f1316d62

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
CHAPTER 533 Obscenity and Sex Offenses
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
   (a)   No person who has custody, control or supervision of a commercial establishment, with knowledge of the character or content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.
       
   (b)   It is not a violation of subsection (a) hereof if the material in question is displayed by placing it behind "blinder racks" or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.
   (c)   Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree. Each day during which the offender is in violation of this section constitutes a separate offense. (ORC 2907.311)
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
   (a)   No person with knowledge of the character of material, shall do any of the following:
      (1)   Possess or control any obscene material that has a minor as one of the participants.
      (2)   Possess or control any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
      (3)   Possess or control any nudity oriented matter that shows a minor who is not the person’s child or ward, unless one of the following applies:
         A.   The material is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge or other person having a proper interest in the material or performance.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.15 AFFIRMATIVE DEFENSES.
   It is an affirmative defense to a charge under this section, involving material or a performance which is obscene or harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(Ord. 10-89. Passed 2-14-89.)
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
   (a)   No person, having control or supervision of any business or commercial establishment or premises, with knowledge of its character of the material involved, shall:
      (1)   Exhibit or display for sale any material which is harmful to juveniles unless the material is exhibited or displayed in a portion of the business premises which is inaccessible to juveniles or unless the material is exhibited or displayed in a manner which prohibits examination or observation by juveniles.
   (b)   Whoever violates this section is guilty of furnishing material harmful to juveniles, a misdemeanor of the first degree. (Ord. 10-89. Passed 2-14-89.)
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
   No person who, while acting as a waiter, waitress or entertainer, in an establishment which serves food, beverages or food and beverages including, but not limited to, alcoholic beverages for consumption on the premises of the establishment:
   (a)   Expose his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.17.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
   A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.
(Ord. 10-89. Passed 2-14-89.)
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
   No person shall, while participating in any live act, demonstration or exhibition, in any public place, place open to the public, or place open to public view:
   (a)   Exposes his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof;
   (d)   Commits actual or simulated touching, caressing or fondling on the breasts, buttocks, anus or genitals.
   (e)   Displays films or pictures depicting acts, a live performance of which would be prohibited by this section.
   (f)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.20.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
   The provisions of Section 533.20 shall not apply to a theater, which is primarily devoted to theatrical performances. (Ord. 10-89. Passed 2-14-89.)
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
   (a)    No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to any sexual offense involving a minor or repeat sexually oriented offense that is not a registration- exempt sexually oriented offense shall establish a residence or occupy residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake.
   (b)    If a person to whom this section applies violates this section by establishing a residence or occupying residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake, the Director of Law has a cause of action for injunctive relief against the person. The City of Sheffield Lake shall not be required to prove irreparable harm in order to obtain the relief.
   (c)   The City of Sheffield Lake adopts the provisions of the law of Ohio now or hereafter in effect concerning the definition, determination, registration, or classification of a person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a child-victim or repeat sexually oriented offense that is not a registration-exempt sexually oriented offense.
   (d)   The City Council of the City of Sheffield Lake finds that because children are especially vulnerable to being victims of sexually abusive behavior, kidnapping, and abduction, and are likely to be present a significant amount of time on or near school premises, public parks, and libraries, certain persons who have been convicted of, or have plead guilty to a child-victim or repeat sexually oriented offense must not establish a residence or occupy residential premises within one thousand feet (1,000) of any school premises, public park, or library.
   (e)   The Council of the City of Sheffield Lake adopts the determinations and intent of the Ohio General Assembly as articulated in Ohio Revised Code Section 2950.02.
   (f)   The City of Sheffield Lake adopts the definitions now and hereafter in effect for school premises, public parks, or library as defined by the law of Ohio.
   (g)   It is hereby declared to be the intention of the Council of the City of Sheffield Lake that the sections, paragraphs, sentences, clauses, and words of this section are severable and if any word, clause, sentence, paragraph, or section of this section shall be declared unconstitutional or otherwise invalid by the valid judgment of decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses sentences, paragraphs, and sections of this section, because the same would have been enacted by the Council of the City of Sheffield Lake without the incorporation in this section of any such unconstitutional or invalid word, clause, sentence, paragraph, or section.   
   (h)   Anyone presently affected by this section and its inclusion of parks shall not be required to leave their current residence as a result of the enactment of this section.
   (i)   All present and future registered sexual offenders residing within the City of Sheffield Lake shall be required to register with the Chief of Police.
   (j)   Failure of all present and future sexual offenders to register with the Chief of Police will be punishable as a first degree misdemeanor.
(Ord. 48-11. Passed 10-25-11.)
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
   (a)   No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
   (b)   Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
   (c)   Nothing in this section prevents the legislative authority of a municipal corporation or township from enacting any regulation of the advertising of massage further than and in addition to the provisions of subsections (a) and (b) of this section.
(ORC 2927.17)
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
   (a)   As used in this section:
      (1)   “Disseminate” means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.
      (2)   “Image” means a photograph, film, videotape, digital recording or other depiction or portrayal of a person.
      (3)   “Interactive computer service” has the meaning defined in the “Telecommunications Act of 1996", 47 U.S.C. 230, as amended.
      (4)   “Internet provider” means a provider of internet service, including all of the following:
         A.   Broadband service, however defined or classified by the federal communications commission;
         B.   Information service or telecommunication service, both as defined in the “Telecommunications Act of 1996" 47 U.S.C. 153, as amended.
         C.   Internet protocol-enabled services, as defined in Ohio R.C. 4927.01.
      (5)   “Mobile service” and “telecommunications carrier” have the meanings defined in 47 U.S.C. 153, as amended.
      (6)   “Cable service provider” has the same meaning as in Ohio R.C. 1332.01.
      (7)   “Direct-to-home satellite service” has the meaning defined in 47 U.S.C. 303, as amended.
      (8)   “Video service provider” has the same meaning as in Ohio R.C. 1332.21.
      (9)   “Sexual act” means any of the following:
         A.   Sexual activity;
         B.   Masturbation;
         C.   An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;
         D.   Sado-masochistic abuse.
   
   (b)   No person shall knowingly disseminate an image of another person if all of the following apply:
      (1)   The person in the image is eighteen years of age or older;
      (2)   The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
      (3)   The person in the image is in a state of nudity or is engaged in a sexual act;
      (4)   The image is disseminated without consent from the person in the image;
      (5)   The image is disseminated with intent to harm the person in the image.
   (c)   This section does not prohibit the dissemination of an image if any of the following apply:
      (1)   The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.
      (2)   The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.
      (3)   The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
      (4)   The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.
      (5)   The image is disseminated for another lawful public purpose;
      (6)   The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.
      (7)   The image is disseminated for the purpose of medical treatment or examination.
   (d)   The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:
      (1)   A provider of interactive computer service;
      (2)   A mobile service;
      (3)   A telecommunications carrier;
      (4)   An internet provider;
      (5)   A cable service provider;
      (6)   A direct-to-home satellite service;
      (7)   A video service provider.
   (e)   Any conduct that is a violation of this section and any other section of the General Offenses Code, or the Revised Code may be prosecuted under this section, the other section, or both sections.
   (f)   (1)   A.   Except as otherwise provided in subsection (f)(1)B., C., or D. of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
         B.   If the offender previously has been convicted of or pleaded guilty to a violation of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
         C.   If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
         D.   If the offender is under eighteen years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.
      (2)   In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under Ohio R.C. Chapter 2981.
         A.   Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;
         B.   Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.
   (g)   A victim of a violation of this section may commence a civil cause of action against the offender, as described in Ohio R.C. 2307.66.
(ORC 2917.211)

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533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.

533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.

Document typesection
Identifier533.20
Citation§ 533.20
Ordinances detectedS, 116-84, 10-89, ER, 48-11
Original sourceAmerican Legal Publishing
Content hashc566d8134abaca496382f7e779c4ac83565bf038d5bdf9ad45ce42ad42a5cb5f

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
CHAPTER 533 Obscenity and Sex Offenses
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
   (a)   No person with knowledge of the character of material, shall do any of the following:
      (1)   Possess or control any obscene material that has a minor as one of the participants.
      (2)   Possess or control any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
      (3)   Possess or control any nudity oriented matter that shows a minor who is not the person’s child or ward, unless one of the following applies:
         A.   The material is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge or other person having a proper interest in the material or performance.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.15 AFFIRMATIVE DEFENSES.
   It is an affirmative defense to a charge under this section, involving material or a performance which is obscene or harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(Ord. 10-89. Passed 2-14-89.)
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
   (a)   No person, having control or supervision of any business or commercial establishment or premises, with knowledge of its character of the material involved, shall:
      (1)   Exhibit or display for sale any material which is harmful to juveniles unless the material is exhibited or displayed in a portion of the business premises which is inaccessible to juveniles or unless the material is exhibited or displayed in a manner which prohibits examination or observation by juveniles.
   (b)   Whoever violates this section is guilty of furnishing material harmful to juveniles, a misdemeanor of the first degree. (Ord. 10-89. Passed 2-14-89.)
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
   No person who, while acting as a waiter, waitress or entertainer, in an establishment which serves food, beverages or food and beverages including, but not limited to, alcoholic beverages for consumption on the premises of the establishment:
   (a)   Expose his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.17.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
   A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.
(Ord. 10-89. Passed 2-14-89.)
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
   No person shall, while participating in any live act, demonstration or exhibition, in any public place, place open to the public, or place open to public view:
   (a)   Exposes his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof;
   (d)   Commits actual or simulated touching, caressing or fondling on the breasts, buttocks, anus or genitals.
   (e)   Displays films or pictures depicting acts, a live performance of which would be prohibited by this section.
   (f)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.20.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
   The provisions of Section 533.20 shall not apply to a theater, which is primarily devoted to theatrical performances. (Ord. 10-89. Passed 2-14-89.)
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
   (a)    No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to any sexual offense involving a minor or repeat sexually oriented offense that is not a registration- exempt sexually oriented offense shall establish a residence or occupy residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake.
   (b)    If a person to whom this section applies violates this section by establishing a residence or occupying residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake, the Director of Law has a cause of action for injunctive relief against the person. The City of Sheffield Lake shall not be required to prove irreparable harm in order to obtain the relief.
   (c)   The City of Sheffield Lake adopts the provisions of the law of Ohio now or hereafter in effect concerning the definition, determination, registration, or classification of a person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a child-victim or repeat sexually oriented offense that is not a registration-exempt sexually oriented offense.
   (d)   The City Council of the City of Sheffield Lake finds that because children are especially vulnerable to being victims of sexually abusive behavior, kidnapping, and abduction, and are likely to be present a significant amount of time on or near school premises, public parks, and libraries, certain persons who have been convicted of, or have plead guilty to a child-victim or repeat sexually oriented offense must not establish a residence or occupy residential premises within one thousand feet (1,000) of any school premises, public park, or library.
   (e)   The Council of the City of Sheffield Lake adopts the determinations and intent of the Ohio General Assembly as articulated in Ohio Revised Code Section 2950.02.
   (f)   The City of Sheffield Lake adopts the definitions now and hereafter in effect for school premises, public parks, or library as defined by the law of Ohio.
   (g)   It is hereby declared to be the intention of the Council of the City of Sheffield Lake that the sections, paragraphs, sentences, clauses, and words of this section are severable and if any word, clause, sentence, paragraph, or section of this section shall be declared unconstitutional or otherwise invalid by the valid judgment of decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses sentences, paragraphs, and sections of this section, because the same would have been enacted by the Council of the City of Sheffield Lake without the incorporation in this section of any such unconstitutional or invalid word, clause, sentence, paragraph, or section.   
   (h)   Anyone presently affected by this section and its inclusion of parks shall not be required to leave their current residence as a result of the enactment of this section.
   (i)   All present and future registered sexual offenders residing within the City of Sheffield Lake shall be required to register with the Chief of Police.
   (j)   Failure of all present and future sexual offenders to register with the Chief of Police will be punishable as a first degree misdemeanor.
(Ord. 48-11. Passed 10-25-11.)
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
   (a)   No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
   (b)   Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
   (c)   Nothing in this section prevents the legislative authority of a municipal corporation or township from enacting any regulation of the advertising of massage further than and in addition to the provisions of subsections (a) and (b) of this section.
(ORC 2927.17)
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
   (a)   As used in this section:
      (1)   “Disseminate” means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.
      (2)   “Image” means a photograph, film, videotape, digital recording or other depiction or portrayal of a person.
      (3)   “Interactive computer service” has the meaning defined in the “Telecommunications Act of 1996", 47 U.S.C. 230, as amended.
      (4)   “Internet provider” means a provider of internet service, including all of the following:
         A.   Broadband service, however defined or classified by the federal communications commission;
         B.   Information service or telecommunication service, both as defined in the “Telecommunications Act of 1996" 47 U.S.C. 153, as amended.
         C.   Internet protocol-enabled services, as defined in Ohio R.C. 4927.01.
      (5)   “Mobile service” and “telecommunications carrier” have the meanings defined in 47 U.S.C. 153, as amended.
      (6)   “Cable service provider” has the same meaning as in Ohio R.C. 1332.01.
      (7)   “Direct-to-home satellite service” has the meaning defined in 47 U.S.C. 303, as amended.
      (8)   “Video service provider” has the same meaning as in Ohio R.C. 1332.21.
      (9)   “Sexual act” means any of the following:
         A.   Sexual activity;
         B.   Masturbation;
         C.   An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;
         D.   Sado-masochistic abuse.
   
   (b)   No person shall knowingly disseminate an image of another person if all of the following apply:
      (1)   The person in the image is eighteen years of age or older;
      (2)   The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
      (3)   The person in the image is in a state of nudity or is engaged in a sexual act;
      (4)   The image is disseminated without consent from the person in the image;
      (5)   The image is disseminated with intent to harm the person in the image.
   (c)   This section does not prohibit the dissemination of an image if any of the following apply:
      (1)   The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.
      (2)   The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.
      (3)   The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
      (4)   The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.
      (5)   The image is disseminated for another lawful public purpose;
      (6)   The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.
      (7)   The image is disseminated for the purpose of medical treatment or examination.
   (d)   The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:
      (1)   A provider of interactive computer service;
      (2)   A mobile service;
      (3)   A telecommunications carrier;
      (4)   An internet provider;
      (5)   A cable service provider;
      (6)   A direct-to-home satellite service;
      (7)   A video service provider.
   (e)   Any conduct that is a violation of this section and any other section of the General Offenses Code, or the Revised Code may be prosecuted under this section, the other section, or both sections.
   (f)   (1)   A.   Except as otherwise provided in subsection (f)(1)B., C., or D. of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
         B.   If the offender previously has been convicted of or pleaded guilty to a violation of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
         C.   If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
         D.   If the offender is under eighteen years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.
      (2)   In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under Ohio R.C. Chapter 2981.
         A.   Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;
         B.   Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.
   (g)   A victim of a violation of this section may commence a civil cause of action against the offender, as described in Ohio R.C. 2307.66.
(ORC 2917.211)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.

533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.

Document typesection
Identifier533.21
Citation§ 533.21
Ordinances detectedS, 116-84, 10-89, ER, 48-11
Original sourceAmerican Legal Publishing
Content hasha0c94910051c0ecf24ba8dc3ff14aaa9f515f4e3f3604d2a107ce5fa9e985a49

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
CHAPTER 533 Obscenity and Sex Offenses
533.15 AFFIRMATIVE DEFENSES.
   It is an affirmative defense to a charge under this section, involving material or a performance which is obscene or harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(Ord. 10-89. Passed 2-14-89.)
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
   (a)   No person, having control or supervision of any business or commercial establishment or premises, with knowledge of its character of the material involved, shall:
      (1)   Exhibit or display for sale any material which is harmful to juveniles unless the material is exhibited or displayed in a portion of the business premises which is inaccessible to juveniles or unless the material is exhibited or displayed in a manner which prohibits examination or observation by juveniles.
   (b)   Whoever violates this section is guilty of furnishing material harmful to juveniles, a misdemeanor of the first degree. (Ord. 10-89. Passed 2-14-89.)
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
   No person who, while acting as a waiter, waitress or entertainer, in an establishment which serves food, beverages or food and beverages including, but not limited to, alcoholic beverages for consumption on the premises of the establishment:
   (a)   Expose his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.17.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
   A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.
(Ord. 10-89. Passed 2-14-89.)
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
   No person shall, while participating in any live act, demonstration or exhibition, in any public place, place open to the public, or place open to public view:
   (a)   Exposes his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof;
   (d)   Commits actual or simulated touching, caressing or fondling on the breasts, buttocks, anus or genitals.
   (e)   Displays films or pictures depicting acts, a live performance of which would be prohibited by this section.
   (f)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.20.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
   The provisions of Section 533.20 shall not apply to a theater, which is primarily devoted to theatrical performances. (Ord. 10-89. Passed 2-14-89.)
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
   (a)    No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to any sexual offense involving a minor or repeat sexually oriented offense that is not a registration- exempt sexually oriented offense shall establish a residence or occupy residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake.
   (b)    If a person to whom this section applies violates this section by establishing a residence or occupying residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake, the Director of Law has a cause of action for injunctive relief against the person. The City of Sheffield Lake shall not be required to prove irreparable harm in order to obtain the relief.
   (c)   The City of Sheffield Lake adopts the provisions of the law of Ohio now or hereafter in effect concerning the definition, determination, registration, or classification of a person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a child-victim or repeat sexually oriented offense that is not a registration-exempt sexually oriented offense.
   (d)   The City Council of the City of Sheffield Lake finds that because children are especially vulnerable to being victims of sexually abusive behavior, kidnapping, and abduction, and are likely to be present a significant amount of time on or near school premises, public parks, and libraries, certain persons who have been convicted of, or have plead guilty to a child-victim or repeat sexually oriented offense must not establish a residence or occupy residential premises within one thousand feet (1,000) of any school premises, public park, or library.
   (e)   The Council of the City of Sheffield Lake adopts the determinations and intent of the Ohio General Assembly as articulated in Ohio Revised Code Section 2950.02.
   (f)   The City of Sheffield Lake adopts the definitions now and hereafter in effect for school premises, public parks, or library as defined by the law of Ohio.
   (g)   It is hereby declared to be the intention of the Council of the City of Sheffield Lake that the sections, paragraphs, sentences, clauses, and words of this section are severable and if any word, clause, sentence, paragraph, or section of this section shall be declared unconstitutional or otherwise invalid by the valid judgment of decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses sentences, paragraphs, and sections of this section, because the same would have been enacted by the Council of the City of Sheffield Lake without the incorporation in this section of any such unconstitutional or invalid word, clause, sentence, paragraph, or section.   
   (h)   Anyone presently affected by this section and its inclusion of parks shall not be required to leave their current residence as a result of the enactment of this section.
   (i)   All present and future registered sexual offenders residing within the City of Sheffield Lake shall be required to register with the Chief of Police.
   (j)   Failure of all present and future sexual offenders to register with the Chief of Police will be punishable as a first degree misdemeanor.
(Ord. 48-11. Passed 10-25-11.)
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
   (a)   No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
   (b)   Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
   (c)   Nothing in this section prevents the legislative authority of a municipal corporation or township from enacting any regulation of the advertising of massage further than and in addition to the provisions of subsections (a) and (b) of this section.
(ORC 2927.17)
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
   (a)   As used in this section:
      (1)   “Disseminate” means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.
      (2)   “Image” means a photograph, film, videotape, digital recording or other depiction or portrayal of a person.
      (3)   “Interactive computer service” has the meaning defined in the “Telecommunications Act of 1996", 47 U.S.C. 230, as amended.
      (4)   “Internet provider” means a provider of internet service, including all of the following:
         A.   Broadband service, however defined or classified by the federal communications commission;
         B.   Information service or telecommunication service, both as defined in the “Telecommunications Act of 1996" 47 U.S.C. 153, as amended.
         C.   Internet protocol-enabled services, as defined in Ohio R.C. 4927.01.
      (5)   “Mobile service” and “telecommunications carrier” have the meanings defined in 47 U.S.C. 153, as amended.
      (6)   “Cable service provider” has the same meaning as in Ohio R.C. 1332.01.
      (7)   “Direct-to-home satellite service” has the meaning defined in 47 U.S.C. 303, as amended.
      (8)   “Video service provider” has the same meaning as in Ohio R.C. 1332.21.
      (9)   “Sexual act” means any of the following:
         A.   Sexual activity;
         B.   Masturbation;
         C.   An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;
         D.   Sado-masochistic abuse.
   
   (b)   No person shall knowingly disseminate an image of another person if all of the following apply:
      (1)   The person in the image is eighteen years of age or older;
      (2)   The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
      (3)   The person in the image is in a state of nudity or is engaged in a sexual act;
      (4)   The image is disseminated without consent from the person in the image;
      (5)   The image is disseminated with intent to harm the person in the image.
   (c)   This section does not prohibit the dissemination of an image if any of the following apply:
      (1)   The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.
      (2)   The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.
      (3)   The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
      (4)   The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.
      (5)   The image is disseminated for another lawful public purpose;
      (6)   The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.
      (7)   The image is disseminated for the purpose of medical treatment or examination.
   (d)   The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:
      (1)   A provider of interactive computer service;
      (2)   A mobile service;
      (3)   A telecommunications carrier;
      (4)   An internet provider;
      (5)   A cable service provider;
      (6)   A direct-to-home satellite service;
      (7)   A video service provider.
   (e)   Any conduct that is a violation of this section and any other section of the General Offenses Code, or the Revised Code may be prosecuted under this section, the other section, or both sections.
   (f)   (1)   A.   Except as otherwise provided in subsection (f)(1)B., C., or D. of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
         B.   If the offender previously has been convicted of or pleaded guilty to a violation of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
         C.   If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
         D.   If the offender is under eighteen years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.
      (2)   In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under Ohio R.C. Chapter 2981.
         A.   Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;
         B.   Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.
   (g)   A victim of a violation of this section may commence a civil cause of action against the offender, as described in Ohio R.C. 2307.66.
(ORC 2917.211)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.

533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.

Document typesection
Identifier533.22
Citation§ 533.22
Ordinances detectedS, 116-84, 10-89, ER, 48-11
Original sourceAmerican Legal Publishing
Content hashb61f1d160ada174b2a941445d4853025b18b5ea72c2fe9934eb2188ebf5c49e0

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Skip to code content (skip section selection)
2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
CHAPTER 533 Obscenity and Sex Offenses
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
   (a)   No person, having control or supervision of any business or commercial establishment or premises, with knowledge of its character of the material involved, shall:
      (1)   Exhibit or display for sale any material which is harmful to juveniles unless the material is exhibited or displayed in a portion of the business premises which is inaccessible to juveniles or unless the material is exhibited or displayed in a manner which prohibits examination or observation by juveniles.
   (b)   Whoever violates this section is guilty of furnishing material harmful to juveniles, a misdemeanor of the first degree. (Ord. 10-89. Passed 2-14-89.)
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
   No person who, while acting as a waiter, waitress or entertainer, in an establishment which serves food, beverages or food and beverages including, but not limited to, alcoholic beverages for consumption on the premises of the establishment:
   (a)   Expose his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.17.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
   A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.
(Ord. 10-89. Passed 2-14-89.)
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
   No person shall, while participating in any live act, demonstration or exhibition, in any public place, place open to the public, or place open to public view:
   (a)   Exposes his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof;
   (d)   Commits actual or simulated touching, caressing or fondling on the breasts, buttocks, anus or genitals.
   (e)   Displays films or pictures depicting acts, a live performance of which would be prohibited by this section.
   (f)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.20.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
   The provisions of Section 533.20 shall not apply to a theater, which is primarily devoted to theatrical performances. (Ord. 10-89. Passed 2-14-89.)
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
   (a)    No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to any sexual offense involving a minor or repeat sexually oriented offense that is not a registration- exempt sexually oriented offense shall establish a residence or occupy residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake.
   (b)    If a person to whom this section applies violates this section by establishing a residence or occupying residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake, the Director of Law has a cause of action for injunctive relief against the person. The City of Sheffield Lake shall not be required to prove irreparable harm in order to obtain the relief.
   (c)   The City of Sheffield Lake adopts the provisions of the law of Ohio now or hereafter in effect concerning the definition, determination, registration, or classification of a person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a child-victim or repeat sexually oriented offense that is not a registration-exempt sexually oriented offense.
   (d)   The City Council of the City of Sheffield Lake finds that because children are especially vulnerable to being victims of sexually abusive behavior, kidnapping, and abduction, and are likely to be present a significant amount of time on or near school premises, public parks, and libraries, certain persons who have been convicted of, or have plead guilty to a child-victim or repeat sexually oriented offense must not establish a residence or occupy residential premises within one thousand feet (1,000) of any school premises, public park, or library.
   (e)   The Council of the City of Sheffield Lake adopts the determinations and intent of the Ohio General Assembly as articulated in Ohio Revised Code Section 2950.02.
   (f)   The City of Sheffield Lake adopts the definitions now and hereafter in effect for school premises, public parks, or library as defined by the law of Ohio.
   (g)   It is hereby declared to be the intention of the Council of the City of Sheffield Lake that the sections, paragraphs, sentences, clauses, and words of this section are severable and if any word, clause, sentence, paragraph, or section of this section shall be declared unconstitutional or otherwise invalid by the valid judgment of decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses sentences, paragraphs, and sections of this section, because the same would have been enacted by the Council of the City of Sheffield Lake without the incorporation in this section of any such unconstitutional or invalid word, clause, sentence, paragraph, or section.   
   (h)   Anyone presently affected by this section and its inclusion of parks shall not be required to leave their current residence as a result of the enactment of this section.
   (i)   All present and future registered sexual offenders residing within the City of Sheffield Lake shall be required to register with the Chief of Police.
   (j)   Failure of all present and future sexual offenders to register with the Chief of Police will be punishable as a first degree misdemeanor.
(Ord. 48-11. Passed 10-25-11.)
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
   (a)   No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
   (b)   Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
   (c)   Nothing in this section prevents the legislative authority of a municipal corporation or township from enacting any regulation of the advertising of massage further than and in addition to the provisions of subsections (a) and (b) of this section.
(ORC 2927.17)
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
   (a)   As used in this section:
      (1)   “Disseminate” means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.
      (2)   “Image” means a photograph, film, videotape, digital recording or other depiction or portrayal of a person.
      (3)   “Interactive computer service” has the meaning defined in the “Telecommunications Act of 1996", 47 U.S.C. 230, as amended.
      (4)   “Internet provider” means a provider of internet service, including all of the following:
         A.   Broadband service, however defined or classified by the federal communications commission;
         B.   Information service or telecommunication service, both as defined in the “Telecommunications Act of 1996" 47 U.S.C. 153, as amended.
         C.   Internet protocol-enabled services, as defined in Ohio R.C. 4927.01.
      (5)   “Mobile service” and “telecommunications carrier” have the meanings defined in 47 U.S.C. 153, as amended.
      (6)   “Cable service provider” has the same meaning as in Ohio R.C. 1332.01.
      (7)   “Direct-to-home satellite service” has the meaning defined in 47 U.S.C. 303, as amended.
      (8)   “Video service provider” has the same meaning as in Ohio R.C. 1332.21.
      (9)   “Sexual act” means any of the following:
         A.   Sexual activity;
         B.   Masturbation;
         C.   An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;
         D.   Sado-masochistic abuse.
   
   (b)   No person shall knowingly disseminate an image of another person if all of the following apply:
      (1)   The person in the image is eighteen years of age or older;
      (2)   The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
      (3)   The person in the image is in a state of nudity or is engaged in a sexual act;
      (4)   The image is disseminated without consent from the person in the image;
      (5)   The image is disseminated with intent to harm the person in the image.
   (c)   This section does not prohibit the dissemination of an image if any of the following apply:
      (1)   The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.
      (2)   The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.
      (3)   The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
      (4)   The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.
      (5)   The image is disseminated for another lawful public purpose;
      (6)   The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.
      (7)   The image is disseminated for the purpose of medical treatment or examination.
   (d)   The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:
      (1)   A provider of interactive computer service;
      (2)   A mobile service;
      (3)   A telecommunications carrier;
      (4)   An internet provider;
      (5)   A cable service provider;
      (6)   A direct-to-home satellite service;
      (7)   A video service provider.
   (e)   Any conduct that is a violation of this section and any other section of the General Offenses Code, or the Revised Code may be prosecuted under this section, the other section, or both sections.
   (f)   (1)   A.   Except as otherwise provided in subsection (f)(1)B., C., or D. of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
         B.   If the offender previously has been convicted of or pleaded guilty to a violation of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
         C.   If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
         D.   If the offender is under eighteen years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.
      (2)   In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under Ohio R.C. Chapter 2981.
         A.   Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;
         B.   Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.
   (g)   A victim of a violation of this section may commence a civil cause of action against the offender, as described in Ohio R.C. 2307.66.
(ORC 2917.211)

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533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.

533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.

Document typesection
Identifier533.23
Citation§ 533.23
Ordinances detectedS, 116-84, 10-89, ER, 48-11
Original sourceAmerican Legal Publishing
Content hash6033f7c814747eba46dd444cdd811d12b319ed0e4ccc8653c28f475abcb1e6e3

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
CHAPTER 533 Obscenity and Sex Offenses
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
   (a)   No person, having control or supervision of any business or commercial establishment or premises, with knowledge of its character of the material involved, shall:
      (1)   Exhibit or display for sale any material which is harmful to juveniles unless the material is exhibited or displayed in a portion of the business premises which is inaccessible to juveniles or unless the material is exhibited or displayed in a manner which prohibits examination or observation by juveniles.
   (b)   Whoever violates this section is guilty of furnishing material harmful to juveniles, a misdemeanor of the first degree. (Ord. 10-89. Passed 2-14-89.)
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
   No person who, while acting as a waiter, waitress or entertainer, in an establishment which serves food, beverages or food and beverages including, but not limited to, alcoholic beverages for consumption on the premises of the establishment:
   (a)   Expose his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.17.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
   A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.
(Ord. 10-89. Passed 2-14-89.)
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
   No person shall, while participating in any live act, demonstration or exhibition, in any public place, place open to the public, or place open to public view:
   (a)   Exposes his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof;
   (d)   Commits actual or simulated touching, caressing or fondling on the breasts, buttocks, anus or genitals.
   (e)   Displays films or pictures depicting acts, a live performance of which would be prohibited by this section.
   (f)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.20.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
   The provisions of Section 533.20 shall not apply to a theater, which is primarily devoted to theatrical performances. (Ord. 10-89. Passed 2-14-89.)
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
   (a)    No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to any sexual offense involving a minor or repeat sexually oriented offense that is not a registration- exempt sexually oriented offense shall establish a residence or occupy residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake.
   (b)    If a person to whom this section applies violates this section by establishing a residence or occupying residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake, the Director of Law has a cause of action for injunctive relief against the person. The City of Sheffield Lake shall not be required to prove irreparable harm in order to obtain the relief.
   (c)   The City of Sheffield Lake adopts the provisions of the law of Ohio now or hereafter in effect concerning the definition, determination, registration, or classification of a person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a child-victim or repeat sexually oriented offense that is not a registration-exempt sexually oriented offense.
   (d)   The City Council of the City of Sheffield Lake finds that because children are especially vulnerable to being victims of sexually abusive behavior, kidnapping, and abduction, and are likely to be present a significant amount of time on or near school premises, public parks, and libraries, certain persons who have been convicted of, or have plead guilty to a child-victim or repeat sexually oriented offense must not establish a residence or occupy residential premises within one thousand feet (1,000) of any school premises, public park, or library.
   (e)   The Council of the City of Sheffield Lake adopts the determinations and intent of the Ohio General Assembly as articulated in Ohio Revised Code Section 2950.02.
   (f)   The City of Sheffield Lake adopts the definitions now and hereafter in effect for school premises, public parks, or library as defined by the law of Ohio.
   (g)   It is hereby declared to be the intention of the Council of the City of Sheffield Lake that the sections, paragraphs, sentences, clauses, and words of this section are severable and if any word, clause, sentence, paragraph, or section of this section shall be declared unconstitutional or otherwise invalid by the valid judgment of decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses sentences, paragraphs, and sections of this section, because the same would have been enacted by the Council of the City of Sheffield Lake without the incorporation in this section of any such unconstitutional or invalid word, clause, sentence, paragraph, or section.   
   (h)   Anyone presently affected by this section and its inclusion of parks shall not be required to leave their current residence as a result of the enactment of this section.
   (i)   All present and future registered sexual offenders residing within the City of Sheffield Lake shall be required to register with the Chief of Police.
   (j)   Failure of all present and future sexual offenders to register with the Chief of Police will be punishable as a first degree misdemeanor.
(Ord. 48-11. Passed 10-25-11.)
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
   (a)   No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
   (b)   Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
   (c)   Nothing in this section prevents the legislative authority of a municipal corporation or township from enacting any regulation of the advertising of massage further than and in addition to the provisions of subsections (a) and (b) of this section.
(ORC 2927.17)
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
   (a)   As used in this section:
      (1)   “Disseminate” means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.
      (2)   “Image” means a photograph, film, videotape, digital recording or other depiction or portrayal of a person.
      (3)   “Interactive computer service” has the meaning defined in the “Telecommunications Act of 1996", 47 U.S.C. 230, as amended.
      (4)   “Internet provider” means a provider of internet service, including all of the following:
         A.   Broadband service, however defined or classified by the federal communications commission;
         B.   Information service or telecommunication service, both as defined in the “Telecommunications Act of 1996" 47 U.S.C. 153, as amended.
         C.   Internet protocol-enabled services, as defined in Ohio R.C. 4927.01.
      (5)   “Mobile service” and “telecommunications carrier” have the meanings defined in 47 U.S.C. 153, as amended.
      (6)   “Cable service provider” has the same meaning as in Ohio R.C. 1332.01.
      (7)   “Direct-to-home satellite service” has the meaning defined in 47 U.S.C. 303, as amended.
      (8)   “Video service provider” has the same meaning as in Ohio R.C. 1332.21.
      (9)   “Sexual act” means any of the following:
         A.   Sexual activity;
         B.   Masturbation;
         C.   An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;
         D.   Sado-masochistic abuse.
   
   (b)   No person shall knowingly disseminate an image of another person if all of the following apply:
      (1)   The person in the image is eighteen years of age or older;
      (2)   The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
      (3)   The person in the image is in a state of nudity or is engaged in a sexual act;
      (4)   The image is disseminated without consent from the person in the image;
      (5)   The image is disseminated with intent to harm the person in the image.
   (c)   This section does not prohibit the dissemination of an image if any of the following apply:
      (1)   The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.
      (2)   The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.
      (3)   The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
      (4)   The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.
      (5)   The image is disseminated for another lawful public purpose;
      (6)   The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.
      (7)   The image is disseminated for the purpose of medical treatment or examination.
   (d)   The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:
      (1)   A provider of interactive computer service;
      (2)   A mobile service;
      (3)   A telecommunications carrier;
      (4)   An internet provider;
      (5)   A cable service provider;
      (6)   A direct-to-home satellite service;
      (7)   A video service provider.
   (e)   Any conduct that is a violation of this section and any other section of the General Offenses Code, or the Revised Code may be prosecuted under this section, the other section, or both sections.
   (f)   (1)   A.   Except as otherwise provided in subsection (f)(1)B., C., or D. of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
         B.   If the offender previously has been convicted of or pleaded guilty to a violation of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
         C.   If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
         D.   If the offender is under eighteen years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.
      (2)   In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under Ohio R.C. Chapter 2981.
         A.   Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;
         B.   Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.
   (g)   A victim of a violation of this section may commence a civil cause of action against the offender, as described in Ohio R.C. 2307.66.
(ORC 2917.211)
533.26 GROOMING.
   (a)    As used in this section, “pattern of conduct” has the same meaning as in Ohio R.C. 2903.211.
   (b)    No person who is eighteen years of age or older shall engage in a pattern of conduct with a minor who is less than sixteen years of age and who is four or more years younger than the person, when the pattern of conduct would cause a reasonable adult person to believe that the person is communicating with the minor with purpose to do either of the following:
      (1)    Entice, coerce, or solicit the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to entice, coerce, or solicit the minor to engage in sexual activity with the person or a third person;
      (2)    Prepare the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to prepare the minor to engage in sexual activity with the person or a third person that would be a violation of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, or 2907.07.
   (c)    No person who is eighteen years of age or older shall engage in a pattern of conduct with a minor if the person and the minor are in any of the relationships described in Ohio R.C. 2907.03(A)(5) to (A)(13), when the pattern of conduct would cause a reasonable adult person to believe that the person is communicating with the minor with purpose to do either of the following:
      (1)    Entice, coerce, or solicit the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to entice, coerce, or solicit the minor to engage in sexual activity with the person or a third person;
      (2)    Prepare the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to prepare the minor to engage in sexual activity with the person or a third person that would be a violation of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, or 2907.07.
   (d)    Whoever violates this section is guilty of grooming.
      (1)    Except as otherwise provided in this division, a violation of subsection (b) of this section is a misdemeanor of the second degree. If the victim of the offense is less than thirteen years of age or if the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (b) of this section is a felony to be prosecuted under appropriate state law. If the victim of the offense is less than thirteen years of age and if the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense or the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (b) of this section is a felony to be prosecuted under appropriate state law. If the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense and the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (b) of this section is a felony to be prosecuted under appropriate state law.
      (2)    Except as otherwise provided in this subsection, a violation of subsection (c) of this section is a misdemeanor of the first degree. If the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (c) of this section is a felony to be prosecuted under appropriate state law. If the victim of the offense is less than thirteen years of age or if the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense, a violation of subsection (c) of this section is a felony to be prosecuted under appropriate state law. If the victim of the offense is less than thirteen years of age and if the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense or the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (c) of this section is a felony to be prosecuted under appropriate state law.
      
   (e)    A prosecution for a violation of this section does not preclude a prosecution of a violation of any other section of the this code or the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under this section or any other section of this code or the Ohio Revised Code may be prosecuted under this section, the other section of this code or the Revised Code, or both sections.
(ORC 2907.071)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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533.99 PENALTY.

533.99 PENALTY.

Document typesection
Identifier533.99
Citation§ 533.99
Ordinances detectedS, 116-84, ER
Original sourceAmerican Legal Publishing
Content hash2de31c8c2bce996be9704c414658b4dcab3ebde960bada4882b72a153f99fc0d

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.99 PENALTY.
CHAPTER 533 Obscenity and Sex Offenses
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
   (a)   As used in this section:
      (1)   “Disseminate” means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.
      (2)   “Image” means a photograph, film, videotape, digital recording or other depiction or portrayal of a person.
      (3)   “Interactive computer service” has the meaning defined in the “Telecommunications Act of 1996", 47 U.S.C. 230, as amended.
      (4)   “Internet provider” means a provider of internet service, including all of the following:
         A.   Broadband service, however defined or classified by the federal communications commission;
         B.   Information service or telecommunication service, both as defined in the “Telecommunications Act of 1996" 47 U.S.C. 153, as amended.
         C.   Internet protocol-enabled services, as defined in Ohio R.C. 4927.01.
      (5)   “Mobile service” and “telecommunications carrier” have the meanings defined in 47 U.S.C. 153, as amended.
      (6)   “Cable service provider” has the same meaning as in Ohio R.C. 1332.01.
      (7)   “Direct-to-home satellite service” has the meaning defined in 47 U.S.C. 303, as amended.
      (8)   “Video service provider” has the same meaning as in Ohio R.C. 1332.21.
      (9)   “Sexual act” means any of the following:
         A.   Sexual activity;
         B.   Masturbation;
         C.   An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;
         D.   Sado-masochistic abuse.
   
   (b)   No person shall knowingly disseminate an image of another person if all of the following apply:
      (1)   The person in the image is eighteen years of age or older;
      (2)   The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
      (3)   The person in the image is in a state of nudity or is engaged in a sexual act;
      (4)   The image is disseminated without consent from the person in the image;
      (5)   The image is disseminated with intent to harm the person in the image.
   (c)   This section does not prohibit the dissemination of an image if any of the following apply:
      (1)   The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.
      (2)   The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.
      (3)   The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
      (4)   The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.
      (5)   The image is disseminated for another lawful public purpose;
      (6)   The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.
      (7)   The image is disseminated for the purpose of medical treatment or examination.
   (d)   The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:
      (1)   A provider of interactive computer service;
      (2)   A mobile service;
      (3)   A telecommunications carrier;
      (4)   An internet provider;
      (5)   A cable service provider;
      (6)   A direct-to-home satellite service;
      (7)   A video service provider.
   (e)   Any conduct that is a violation of this section and any other section of the General Offenses Code, or the Revised Code may be prosecuted under this section, the other section, or both sections.
   (f)   (1)   A.   Except as otherwise provided in subsection (f)(1)B., C., or D. of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
         B.   If the offender previously has been convicted of or pleaded guilty to a violation of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
         C.   If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
         D.   If the offender is under eighteen years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.
      (2)   In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under Ohio R.C. Chapter 2981.
         A.   Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;
         B.   Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.
   (g)   A victim of a violation of this section may commence a civil cause of action against the offender, as described in Ohio R.C. 2307.66.
(ORC 2917.211)
533.26 GROOMING.
   (a)    As used in this section, “pattern of conduct” has the same meaning as in Ohio R.C. 2903.211.
   (b)    No person who is eighteen years of age or older shall engage in a pattern of conduct with a minor who is less than sixteen years of age and who is four or more years younger than the person, when the pattern of conduct would cause a reasonable adult person to believe that the person is communicating with the minor with purpose to do either of the following:
      (1)    Entice, coerce, or solicit the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to entice, coerce, or solicit the minor to engage in sexual activity with the person or a third person;
      (2)    Prepare the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to prepare the minor to engage in sexual activity with the person or a third person that would be a violation of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, or 2907.07.
   (c)    No person who is eighteen years of age or older shall engage in a pattern of conduct with a minor if the person and the minor are in any of the relationships described in Ohio R.C. 2907.03(A)(5) to (A)(13), when the pattern of conduct would cause a reasonable adult person to believe that the person is communicating with the minor with purpose to do either of the following:
      (1)    Entice, coerce, or solicit the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to entice, coerce, or solicit the minor to engage in sexual activity with the person or a third person;
      (2)    Prepare the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to prepare the minor to engage in sexual activity with the person or a third person that would be a violation of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, or 2907.07.
   (d)    Whoever violates this section is guilty of grooming.
      (1)    Except as otherwise provided in this division, a violation of subsection (b) of this section is a misdemeanor of the second degree. If the victim of the offense is less than thirteen years of age or if the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (b) of this section is a felony to be prosecuted under appropriate state law. If the victim of the offense is less than thirteen years of age and if the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense or the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (b) of this section is a felony to be prosecuted under appropriate state law. If the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense and the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (b) of this section is a felony to be prosecuted under appropriate state law.
      (2)    Except as otherwise provided in this subsection, a violation of subsection (c) of this section is a misdemeanor of the first degree. If the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (c) of this section is a felony to be prosecuted under appropriate state law. If the victim of the offense is less than thirteen years of age or if the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense, a violation of subsection (c) of this section is a felony to be prosecuted under appropriate state law. If the victim of the offense is less than thirteen years of age and if the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense or the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (c) of this section is a felony to be prosecuted under appropriate state law.
      
   (e)    A prosecution for a violation of this section does not preclude a prosecution of a violation of any other section of the this code or the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under this section or any other section of this code or the Ohio Revised Code may be prosecuted under this section, the other section of this code or the Revised Code, or both sections.
(ORC 2907.071)
533.99 PENALTY.
   (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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533.24 UNLAWFUL ADVERTISING OF MASSAGE.

533.24 UNLAWFUL ADVERTISING OF MASSAGE.

Document typesection
Identifier533.24
Citation§ 533.24
Ordinances detectedS, 116-84, 10-89, ER, 48-11
Original sourceAmerican Legal Publishing
Content hash1aefe5f99fb4e0e454e6f08ccfacd95af5cfd2a2f1eaf340e8399cf6ff2ed353

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
CHAPTER 533 Obscenity and Sex Offenses
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
   No person shall, while participating in any live act, demonstration or exhibition, in any public place, place open to the public, or place open to public view:
   (a)   Exposes his or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region; or
   (b)   Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
   (c)   Exposes any portion of the female breast at or below the areola thereof;
   (d)   Commits actual or simulated touching, caressing or fondling on the breasts, buttocks, anus or genitals.
   (e)   Displays films or pictures depicting acts, a live performance of which would be prohibited by this section.
   (f)   Whoever violates this section is guilty of a misdemeanor of the first degree.
      (Ord. 10-89. Passed 2-14-89.)
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
   (a)   No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in Section 533.20.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 10-89. Passed 2-14-89.)
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
   The provisions of Section 533.20 shall not apply to a theater, which is primarily devoted to theatrical performances. (Ord. 10-89. Passed 2-14-89.)
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
   (a)    No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to any sexual offense involving a minor or repeat sexually oriented offense that is not a registration- exempt sexually oriented offense shall establish a residence or occupy residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake.
   (b)    If a person to whom this section applies violates this section by establishing a residence or occupying residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake, the Director of Law has a cause of action for injunctive relief against the person. The City of Sheffield Lake shall not be required to prove irreparable harm in order to obtain the relief.
   (c)   The City of Sheffield Lake adopts the provisions of the law of Ohio now or hereafter in effect concerning the definition, determination, registration, or classification of a person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a child-victim or repeat sexually oriented offense that is not a registration-exempt sexually oriented offense.
   (d)   The City Council of the City of Sheffield Lake finds that because children are especially vulnerable to being victims of sexually abusive behavior, kidnapping, and abduction, and are likely to be present a significant amount of time on or near school premises, public parks, and libraries, certain persons who have been convicted of, or have plead guilty to a child-victim or repeat sexually oriented offense must not establish a residence or occupy residential premises within one thousand feet (1,000) of any school premises, public park, or library.
   (e)   The Council of the City of Sheffield Lake adopts the determinations and intent of the Ohio General Assembly as articulated in Ohio Revised Code Section 2950.02.
   (f)   The City of Sheffield Lake adopts the definitions now and hereafter in effect for school premises, public parks, or library as defined by the law of Ohio.
   (g)   It is hereby declared to be the intention of the Council of the City of Sheffield Lake that the sections, paragraphs, sentences, clauses, and words of this section are severable and if any word, clause, sentence, paragraph, or section of this section shall be declared unconstitutional or otherwise invalid by the valid judgment of decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses sentences, paragraphs, and sections of this section, because the same would have been enacted by the Council of the City of Sheffield Lake without the incorporation in this section of any such unconstitutional or invalid word, clause, sentence, paragraph, or section.   
   (h)   Anyone presently affected by this section and its inclusion of parks shall not be required to leave their current residence as a result of the enactment of this section.
   (i)   All present and future registered sexual offenders residing within the City of Sheffield Lake shall be required to register with the Chief of Police.
   (j)   Failure of all present and future sexual offenders to register with the Chief of Police will be punishable as a first degree misdemeanor.
(Ord. 48-11. Passed 10-25-11.)
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
   (a)   No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
   (b)   Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
   (c)   Nothing in this section prevents the legislative authority of a municipal corporation or township from enacting any regulation of the advertising of massage further than and in addition to the provisions of subsections (a) and (b) of this section.
(ORC 2927.17)
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
   (a)   As used in this section:
      (1)   “Disseminate” means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.
      (2)   “Image” means a photograph, film, videotape, digital recording or other depiction or portrayal of a person.
      (3)   “Interactive computer service” has the meaning defined in the “Telecommunications Act of 1996", 47 U.S.C. 230, as amended.
      (4)   “Internet provider” means a provider of internet service, including all of the following:
         A.   Broadband service, however defined or classified by the federal communications commission;
         B.   Information service or telecommunication service, both as defined in the “Telecommunications Act of 1996" 47 U.S.C. 153, as amended.
         C.   Internet protocol-enabled services, as defined in Ohio R.C. 4927.01.
      (5)   “Mobile service” and “telecommunications carrier” have the meanings defined in 47 U.S.C. 153, as amended.
      (6)   “Cable service provider” has the same meaning as in Ohio R.C. 1332.01.
      (7)   “Direct-to-home satellite service” has the meaning defined in 47 U.S.C. 303, as amended.
      (8)   “Video service provider” has the same meaning as in Ohio R.C. 1332.21.
      (9)   “Sexual act” means any of the following:
         A.   Sexual activity;
         B.   Masturbation;
         C.   An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;
         D.   Sado-masochistic abuse.
   
   (b)   No person shall knowingly disseminate an image of another person if all of the following apply:
      (1)   The person in the image is eighteen years of age or older;
      (2)   The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
      (3)   The person in the image is in a state of nudity or is engaged in a sexual act;
      (4)   The image is disseminated without consent from the person in the image;
      (5)   The image is disseminated with intent to harm the person in the image.
   (c)   This section does not prohibit the dissemination of an image if any of the following apply:
      (1)   The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.
      (2)   The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.
      (3)   The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
      (4)   The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.
      (5)   The image is disseminated for another lawful public purpose;
      (6)   The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.
      (7)   The image is disseminated for the purpose of medical treatment or examination.
   (d)   The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:
      (1)   A provider of interactive computer service;
      (2)   A mobile service;
      (3)   A telecommunications carrier;
      (4)   An internet provider;
      (5)   A cable service provider;
      (6)   A direct-to-home satellite service;
      (7)   A video service provider.
   (e)   Any conduct that is a violation of this section and any other section of the General Offenses Code, or the Revised Code may be prosecuted under this section, the other section, or both sections.
   (f)   (1)   A.   Except as otherwise provided in subsection (f)(1)B., C., or D. of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
         B.   If the offender previously has been convicted of or pleaded guilty to a violation of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
         C.   If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
         D.   If the offender is under eighteen years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.
      (2)   In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under Ohio R.C. Chapter 2981.
         A.   Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;
         B.   Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.
   (g)   A victim of a violation of this section may commence a civil cause of action against the offender, as described in Ohio R.C. 2307.66.
(ORC 2917.211)
533.26 GROOMING.
   (a)    As used in this section, “pattern of conduct” has the same meaning as in Ohio R.C. 2903.211.
   (b)    No person who is eighteen years of age or older shall engage in a pattern of conduct with a minor who is less than sixteen years of age and who is four or more years younger than the person, when the pattern of conduct would cause a reasonable adult person to believe that the person is communicating with the minor with purpose to do either of the following:
      (1)    Entice, coerce, or solicit the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to entice, coerce, or solicit the minor to engage in sexual activity with the person or a third person;
      (2)    Prepare the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to prepare the minor to engage in sexual activity with the person or a third person that would be a violation of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, or 2907.07.
   (c)    No person who is eighteen years of age or older shall engage in a pattern of conduct with a minor if the person and the minor are in any of the relationships described in Ohio R.C. 2907.03(A)(5) to (A)(13), when the pattern of conduct would cause a reasonable adult person to believe that the person is communicating with the minor with purpose to do either of the following:
      (1)    Entice, coerce, or solicit the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to entice, coerce, or solicit the minor to engage in sexual activity with the person or a third person;
      (2)    Prepare the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to prepare the minor to engage in sexual activity with the person or a third person that would be a violation of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, or 2907.07.
   (d)    Whoever violates this section is guilty of grooming.
      (1)    Except as otherwise provided in this division, a violation of subsection (b) of this section is a misdemeanor of the second degree. If the victim of the offense is less than thirteen years of age or if the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (b) of this section is a felony to be prosecuted under appropriate state law. If the victim of the offense is less than thirteen years of age and if the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense or the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (b) of this section is a felony to be prosecuted under appropriate state law. If the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense and the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (b) of this section is a felony to be prosecuted under appropriate state law.
      (2)    Except as otherwise provided in this subsection, a violation of subsection (c) of this section is a misdemeanor of the first degree. If the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (c) of this section is a felony to be prosecuted under appropriate state law. If the victim of the offense is less than thirteen years of age or if the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense, a violation of subsection (c) of this section is a felony to be prosecuted under appropriate state law. If the victim of the offense is less than thirteen years of age and if the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense or the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (c) of this section is a felony to be prosecuted under appropriate state law.
      
   (e)    A prosecution for a violation of this section does not preclude a prosecution of a violation of any other section of the this code or the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under this section or any other section of this code or the Ohio Revised Code may be prosecuted under this section, the other section of this code or the Revised Code, or both sections.
(ORC 2907.071)
533.99 PENALTY.
   (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.

533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.

Document typesection
Identifier533.25
Citation§ 533.25
Ordinances detectedS, 116-84, ER, 48-11
Original sourceAmerican Legal Publishing
Content hash6826fb56dd943738994b040d07e1d6f3cba0a97e9e3b67baba90d3cf53c59c1d

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
CHAPTER 533 Obscenity and Sex Offenses
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
   (a)    No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to any sexual offense involving a minor or repeat sexually oriented offense that is not a registration- exempt sexually oriented offense shall establish a residence or occupy residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake.
   (b)    If a person to whom this section applies violates this section by establishing a residence or occupying residential premises within one thousand (1,000) feet, of any school premises, public park, or library that is located within the City of Sheffield Lake, the Director of Law has a cause of action for injunctive relief against the person. The City of Sheffield Lake shall not be required to prove irreparable harm in order to obtain the relief.
   (c)   The City of Sheffield Lake adopts the provisions of the law of Ohio now or hereafter in effect concerning the definition, determination, registration, or classification of a person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a child-victim or repeat sexually oriented offense that is not a registration-exempt sexually oriented offense.
   (d)   The City Council of the City of Sheffield Lake finds that because children are especially vulnerable to being victims of sexually abusive behavior, kidnapping, and abduction, and are likely to be present a significant amount of time on or near school premises, public parks, and libraries, certain persons who have been convicted of, or have plead guilty to a child-victim or repeat sexually oriented offense must not establish a residence or occupy residential premises within one thousand feet (1,000) of any school premises, public park, or library.
   (e)   The Council of the City of Sheffield Lake adopts the determinations and intent of the Ohio General Assembly as articulated in Ohio Revised Code Section 2950.02.
   (f)   The City of Sheffield Lake adopts the definitions now and hereafter in effect for school premises, public parks, or library as defined by the law of Ohio.
   (g)   It is hereby declared to be the intention of the Council of the City of Sheffield Lake that the sections, paragraphs, sentences, clauses, and words of this section are severable and if any word, clause, sentence, paragraph, or section of this section shall be declared unconstitutional or otherwise invalid by the valid judgment of decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses sentences, paragraphs, and sections of this section, because the same would have been enacted by the Council of the City of Sheffield Lake without the incorporation in this section of any such unconstitutional or invalid word, clause, sentence, paragraph, or section.   
   (h)   Anyone presently affected by this section and its inclusion of parks shall not be required to leave their current residence as a result of the enactment of this section.
   (i)   All present and future registered sexual offenders residing within the City of Sheffield Lake shall be required to register with the Chief of Police.
   (j)   Failure of all present and future sexual offenders to register with the Chief of Police will be punishable as a first degree misdemeanor.
(Ord. 48-11. Passed 10-25-11.)
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
   (a)   No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
   (b)   Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
   (c)   Nothing in this section prevents the legislative authority of a municipal corporation or township from enacting any regulation of the advertising of massage further than and in addition to the provisions of subsections (a) and (b) of this section.
(ORC 2927.17)
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
   (a)   As used in this section:
      (1)   “Disseminate” means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.
      (2)   “Image” means a photograph, film, videotape, digital recording or other depiction or portrayal of a person.
      (3)   “Interactive computer service” has the meaning defined in the “Telecommunications Act of 1996", 47 U.S.C. 230, as amended.
      (4)   “Internet provider” means a provider of internet service, including all of the following:
         A.   Broadband service, however defined or classified by the federal communications commission;
         B.   Information service or telecommunication service, both as defined in the “Telecommunications Act of 1996" 47 U.S.C. 153, as amended.
         C.   Internet protocol-enabled services, as defined in Ohio R.C. 4927.01.
      (5)   “Mobile service” and “telecommunications carrier” have the meanings defined in 47 U.S.C. 153, as amended.
      (6)   “Cable service provider” has the same meaning as in Ohio R.C. 1332.01.
      (7)   “Direct-to-home satellite service” has the meaning defined in 47 U.S.C. 303, as amended.
      (8)   “Video service provider” has the same meaning as in Ohio R.C. 1332.21.
      (9)   “Sexual act” means any of the following:
         A.   Sexual activity;
         B.   Masturbation;
         C.   An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;
         D.   Sado-masochistic abuse.
   
   (b)   No person shall knowingly disseminate an image of another person if all of the following apply:
      (1)   The person in the image is eighteen years of age or older;
      (2)   The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
      (3)   The person in the image is in a state of nudity or is engaged in a sexual act;
      (4)   The image is disseminated without consent from the person in the image;
      (5)   The image is disseminated with intent to harm the person in the image.
   (c)   This section does not prohibit the dissemination of an image if any of the following apply:
      (1)   The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.
      (2)   The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.
      (3)   The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
      (4)   The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.
      (5)   The image is disseminated for another lawful public purpose;
      (6)   The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.
      (7)   The image is disseminated for the purpose of medical treatment or examination.
   (d)   The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:
      (1)   A provider of interactive computer service;
      (2)   A mobile service;
      (3)   A telecommunications carrier;
      (4)   An internet provider;
      (5)   A cable service provider;
      (6)   A direct-to-home satellite service;
      (7)   A video service provider.
   (e)   Any conduct that is a violation of this section and any other section of the General Offenses Code, or the Revised Code may be prosecuted under this section, the other section, or both sections.
   (f)   (1)   A.   Except as otherwise provided in subsection (f)(1)B., C., or D. of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
         B.   If the offender previously has been convicted of or pleaded guilty to a violation of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
         C.   If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
         D.   If the offender is under eighteen years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.
      (2)   In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under Ohio R.C. Chapter 2981.
         A.   Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;
         B.   Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.
   (g)   A victim of a violation of this section may commence a civil cause of action against the offender, as described in Ohio R.C. 2307.66.
(ORC 2917.211)
533.26 GROOMING.
   (a)    As used in this section, “pattern of conduct” has the same meaning as in Ohio R.C. 2903.211.
   (b)    No person who is eighteen years of age or older shall engage in a pattern of conduct with a minor who is less than sixteen years of age and who is four or more years younger than the person, when the pattern of conduct would cause a reasonable adult person to believe that the person is communicating with the minor with purpose to do either of the following:
      (1)    Entice, coerce, or solicit the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to entice, coerce, or solicit the minor to engage in sexual activity with the person or a third person;
      (2)    Prepare the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to prepare the minor to engage in sexual activity with the person or a third person that would be a violation of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, or 2907.07.
   (c)    No person who is eighteen years of age or older shall engage in a pattern of conduct with a minor if the person and the minor are in any of the relationships described in Ohio R.C. 2907.03(A)(5) to (A)(13), when the pattern of conduct would cause a reasonable adult person to believe that the person is communicating with the minor with purpose to do either of the following:
      (1)    Entice, coerce, or solicit the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to entice, coerce, or solicit the minor to engage in sexual activity with the person or a third person;
      (2)    Prepare the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to prepare the minor to engage in sexual activity with the person or a third person that would be a violation of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, or 2907.07.
   (d)    Whoever violates this section is guilty of grooming.
      (1)    Except as otherwise provided in this division, a violation of subsection (b) of this section is a misdemeanor of the second degree. If the victim of the offense is less than thirteen years of age or if the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (b) of this section is a felony to be prosecuted under appropriate state law. If the victim of the offense is less than thirteen years of age and if the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense or the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (b) of this section is a felony to be prosecuted under appropriate state law. If the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense and the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (b) of this section is a felony to be prosecuted under appropriate state law.
      (2)    Except as otherwise provided in this subsection, a violation of subsection (c) of this section is a misdemeanor of the first degree. If the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (c) of this section is a felony to be prosecuted under appropriate state law. If the victim of the offense is less than thirteen years of age or if the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense, a violation of subsection (c) of this section is a felony to be prosecuted under appropriate state law. If the victim of the offense is less than thirteen years of age and if the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense or the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (c) of this section is a felony to be prosecuted under appropriate state law.
      
   (e)    A prosecution for a violation of this section does not preclude a prosecution of a violation of any other section of the this code or the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under this section or any other section of this code or the Ohio Revised Code may be prosecuted under this section, the other section of this code or the Revised Code, or both sections.
(ORC 2907.071)
533.99 PENALTY.
   (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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533.26 GROOMING.

533.26 GROOMING.

Document typesection
Identifier533.26
Citation§ 533.26
Ordinances detectedS, 116-84, ER
Original sourceAmerican Legal Publishing
Content hashc2cc48491ad6be31107cb461ad3fbe4396c921a8049b7f47170ef0af26cb3821

Skip to main content
Search
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Skip to code content (skip section selection)
2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
533.01 DEFINITIONS.
533.02 PRESUMPTION OF KNOWLEDGE; ACTUAL NOTICE AND DEFENSE.
533.03 UNLAWFUL SEXUAL CONDUCT WITH A MINOR.
533.04 SEXUAL IMPOSITION.
533.05 IMPORTUNING.
533.06 VOYEURISM.
533.07 PUBLIC INDECENCY.
533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
533.09 SOLICITING.
533.091 LOITERING TO ENGAGE IN SOLICITATION.
533.10 PROSTITUTION.
533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES.
533.12 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
533.13 DISPLAYING MATTER HARMFUL TO JUVENILES.
533.14 PROHIBITION OF CHILD PORNOGRAPHY.
533.15 AFFIRMATIVE DEFENSES.
533.16 UNLAWFUL DISPLAY OF MATERIALS HARMFUL TO JUVENILES.
533.17 UNLAWFUL EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS.
533.18 COUNSELING OR ASSISTING UNLAWFUL EXPOSURE PROHIBITED.
533.19 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.
533.20 EXPOSURE TO PERFORMERS IN PUBLIC PROHIBITED.
533.21 COUNSELING OR ASSISTING UNLAWFUL PUBLIC EXPOSURE PROHIBITED.
533.22 EXEMPTION OF THEATRICAL ESTABLISHMENTS.
533.23 PROHIBITION OF CERTAIN SEXUALLY ORIENTED OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF SCHOOLS, PARKS OR LIBRARIES.
533.24 UNLAWFUL ADVERTISING OF MASSAGE.
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
533.26 GROOMING.
533.99 PENALTY.
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
533.26 GROOMING.
CHAPTER 533 Obscenity and Sex Offenses
533.25 DISSEMINATION OF PRIVATE SEXUAL IMAGES.
   (a)   As used in this section:
      (1)   “Disseminate” means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.
      (2)   “Image” means a photograph, film, videotape, digital recording or other depiction or portrayal of a person.
      (3)   “Interactive computer service” has the meaning defined in the “Telecommunications Act of 1996", 47 U.S.C. 230, as amended.
      (4)   “Internet provider” means a provider of internet service, including all of the following:
         A.   Broadband service, however defined or classified by the federal communications commission;
         B.   Information service or telecommunication service, both as defined in the “Telecommunications Act of 1996" 47 U.S.C. 153, as amended.
         C.   Internet protocol-enabled services, as defined in Ohio R.C. 4927.01.
      (5)   “Mobile service” and “telecommunications carrier” have the meanings defined in 47 U.S.C. 153, as amended.
      (6)   “Cable service provider” has the same meaning as in Ohio R.C. 1332.01.
      (7)   “Direct-to-home satellite service” has the meaning defined in 47 U.S.C. 303, as amended.
      (8)   “Video service provider” has the same meaning as in Ohio R.C. 1332.21.
      (9)   “Sexual act” means any of the following:
         A.   Sexual activity;
         B.   Masturbation;
         C.   An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;
         D.   Sado-masochistic abuse.
   
   (b)   No person shall knowingly disseminate an image of another person if all of the following apply:
      (1)   The person in the image is eighteen years of age or older;
      (2)   The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
      (3)   The person in the image is in a state of nudity or is engaged in a sexual act;
      (4)   The image is disseminated without consent from the person in the image;
      (5)   The image is disseminated with intent to harm the person in the image.
   (c)   This section does not prohibit the dissemination of an image if any of the following apply:
      (1)   The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.
      (2)   The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.
      (3)   The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
      (4)   The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.
      (5)   The image is disseminated for another lawful public purpose;
      (6)   The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.
      (7)   The image is disseminated for the purpose of medical treatment or examination.
   (d)   The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:
      (1)   A provider of interactive computer service;
      (2)   A mobile service;
      (3)   A telecommunications carrier;
      (4)   An internet provider;
      (5)   A cable service provider;
      (6)   A direct-to-home satellite service;
      (7)   A video service provider.
   (e)   Any conduct that is a violation of this section and any other section of the General Offenses Code, or the Revised Code may be prosecuted under this section, the other section, or both sections.
   (f)   (1)   A.   Except as otherwise provided in subsection (f)(1)B., C., or D. of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
         B.   If the offender previously has been convicted of or pleaded guilty to a violation of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
         C.   If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
         D.   If the offender is under eighteen years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.
      (2)   In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under Ohio R.C. Chapter 2981.
         A.   Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;
         B.   Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.
   (g)   A victim of a violation of this section may commence a civil cause of action against the offender, as described in Ohio R.C. 2307.66.
(ORC 2917.211)
533.26 GROOMING.
   (a)    As used in this section, “pattern of conduct” has the same meaning as in Ohio R.C. 2903.211.
   (b)    No person who is eighteen years of age or older shall engage in a pattern of conduct with a minor who is less than sixteen years of age and who is four or more years younger than the person, when the pattern of conduct would cause a reasonable adult person to believe that the person is communicating with the minor with purpose to do either of the following:
      (1)    Entice, coerce, or solicit the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to entice, coerce, or solicit the minor to engage in sexual activity with the person or a third person;
      (2)    Prepare the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to prepare the minor to engage in sexual activity with the person or a third person that would be a violation of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, or 2907.07.
   (c)    No person who is eighteen years of age or older shall engage in a pattern of conduct with a minor if the person and the minor are in any of the relationships described in Ohio R.C. 2907.03(A)(5) to (A)(13), when the pattern of conduct would cause a reasonable adult person to believe that the person is communicating with the minor with purpose to do either of the following:
      (1)    Entice, coerce, or solicit the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to entice, coerce, or solicit the minor to engage in sexual activity with the person or a third person;
      (2)    Prepare the minor to engage in sexual activity, and when the person’s purpose in engaging in the pattern of conduct is to prepare the minor to engage in sexual activity with the person or a third person that would be a violation of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, or 2907.07.
   (d)    Whoever violates this section is guilty of grooming.
      (1)    Except as otherwise provided in this division, a violation of subsection (b) of this section is a misdemeanor of the second degree. If the victim of the offense is less than thirteen years of age or if the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (b) of this section is a felony to be prosecuted under appropriate state law. If the victim of the offense is less than thirteen years of age and if the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense or the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (b) of this section is a felony to be prosecuted under appropriate state law. If the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense and the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (b) of this section is a felony to be prosecuted under appropriate state law.
      (2)    Except as otherwise provided in this subsection, a violation of subsection (c) of this section is a misdemeanor of the first degree. If the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (c) of this section is a felony to be prosecuted under appropriate state law. If the victim of the offense is less than thirteen years of age or if the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense, a violation of subsection (c) of this section is a felony to be prosecuted under appropriate state law. If the victim of the offense is less than thirteen years of age and if the offender previously has been convicted of or pleaded guilty to a violation of this section or a sexually oriented offense or a child-victim oriented offense or the offender supplied alcohol or a drug of abuse to the victim of the offense, a violation of subsection (c) of this section is a felony to be prosecuted under appropriate state law.
      
   (e)    A prosecution for a violation of this section does not preclude a prosecution of a violation of any other section of the this code or the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under this section or any other section of this code or the Ohio Revised Code may be prosecuted under this section, the other section of this code or the Revised Code, or both sections.
(ORC 2907.071)
533.99 PENALTY.
   (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

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