Ohio § 2907.01

§ 2907.01.

As used in sections 2907.01 to 2907.38 and 2917.211 of the Revised Code : (A) “ Sexual conduct ” means vaginal intercourse between a male and female;  anal intercourse, fellatio,

and cunnilingus between persons regardless of sex;  and, without privilege to do so,

the insertion, however slight, of any part of the body or any instrument, apparatus,

or other object into the vaginal or anal 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 the person is a female, a breast,

for the purpose of sexually arousing or gratifying either person. (C) “ Sexual activity ” means sexual conduct or sexual contact, or both. (D) “ Prostitute ” means a male or female who promiscuously engages in sexual activity for hire, regardless

of whether the hire is paid to the prostitute or to another. (E) “ 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 that group, any material or performance is “obscene” if any of the following

apply: (1) Its dominant appeal is to prurient interest; (2) Its dominant tendency is to arouse lust by displaying or depicting sexual activity,

masturbation, sexual excitement, or nudity in a way that tends to represent human

beings as mere objects of sexual appetite; (3) Its dominant tendency is to arouse lust by displaying or depicting bestiality or

extreme or bizarre violence, cruelty, or brutality; (4) Its dominant tendency is to appeal to scatological interest by displaying or depicting

human bodily functions of elimination in a way that inspires disgust or revulsion

in persons with ordinary sensibilities, without serving any genuine scientific, educational,

sociological, moral, or artistic purpose; (5) It contains a series of displays or descriptions of sexual activity, masturbation,

sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty, or brutality,

or human bodily functions of elimination, the cumulative effect of which is a dominant

tendency to appeal to prurient or scatological interest, when the appeal to such an

interest is primarily for its own sake or for commercial exploitation, rather than

primarily for a genuine scientific, educational, sociological, moral, or artistic

purpose. (G) “ Sexual excitement ” means the condition of human male or female genitals when in a state of sexual stimulation

or arousal. (H) “ Nudity ” means the showing, representation, or depiction of human male or female genitals,

pubic area, or buttocks with less than a full, opaque covering, or of a female breast

with less than a full, opaque covering of any portion thereof below the top of the

nipple, or of covered male genitals in a discernibly turgid state. (I) “ Juvenile ” means an unmarried person under the age of eighteen. (J) “ Material ” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image,

description, motion picture film, phonographic record, or tape, or other tangible

thing capable of arousing interest through sight, sound, or touch and includes an

image 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. (K) “ Performance ” means any motion picture, preview, trailer, play, show, skit, dance, or other exhibition

performed before an audience. (L) “ Spouse ” means a person married to an offender at the time of an alleged offense, except

that such person shall not be considered the spouse when any of the following apply: (1) When the parties have entered into a written separation agreement authorized by section 3103.06 of the Revised Code ; (2) During the pendency of an action between the parties for annulment, divorce, dissolution

of marriage, or legal separation; (3) In the case of an action for legal separation, after the effective date of the judgment

for legal separation. (M) “ Minor ” means a person under the age of eighteen. (N) “Mental health client or patient” has the same meaning as in section 2305.51 of the Revised Code . (O) “Mental health professional” has the same meaning as in section 2305.115 of the Revised Code . (P) “ Sado-masochistic abuse ” means flagellation or torture by or upon a person or the condition of being fettered,

bound, or otherwise physically restrained. (Q) “ 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. (R) “ Private area ” means the genitals, pubic area, buttocks, or female breast below the top of the

areola, where nude or covered by an undergarment. (S) “ Licensed medical professional ” means any of the following medical professionals: (1) A physician assistant licensed under Chapter 4730. of the Revised Code; (2) A physician authorized under Chapter 4731. of the Revised Code to practice medicine

and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery; (3) A massage therapist licensed under Chapter 4731. of the Revised Code.