# 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 source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11415)
Content hash`5905a48073a71d141edf143f79c4b422c2ef73e2b7d61c48bb5d71bcfef66f55`
--- Skip to main content Search Sitemap Login Select Language Resources 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 533.08 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. 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