Ohio § 2907.35
Full text of Ohio Ohio Revised Code § 2907.35, with citation guidance and answers to common questions.
§ 2907.35.
(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: (1) Possesses five or more identical or substantially similar obscene articles, having
knowledge of their character, is presumed to possess them in violation of division (A)(5) of section 2907.32 of the Revised Code ; (2) Does any of the acts prohibited by section 2907.31 or 2907.32 of the Revised Code , 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) Sections 2907.31 and 2907.32 of the Revised Code do 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 2907.31 , 2907.311 , 2907.32 , 2907.321 , 2907.322 , 2907.323 , and 2907.34 and division (A) of section 2907.33 of the Revised Code 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) Division (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 2907.31 , 2907.311 , 2907.32 , 2907.321 , 2907.322 , 2907.323 , 2907.33 , or 2907.34 of the Revised Code or who knowingly advertises the availability of material of that nature. (3) Division (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 2907.31 , 2907.311 , 2907.32 , 2907.321 , 2907.322 , 2907.323 , 2907.33 , or 2907.34 of the Revised Code 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 2907.31 , 2907.311 , 2907.32 , 2907.321 , 2907.322 , 2907.323 , 2907.33 , or 2907.34 of the Revised Code 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 2907.31 or 2907.311 of the Revised Code 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.
Frequently Asked Questions About Ohio § 2907.35
What does Ohio Revised Code § 2907.35 cover?
Section 2907.35 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2907.35?
A common citation format is "Ohio Revised Code § 2907.35" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2907.35 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.