Legal 2-2D Prostitution and Obscenity

1. Legal 2-2D Prostitution and Obscenity

4. COMPELLING PROSTITUTION 2907.21 • Knowingly… • Compel another to engage in sexual activity for hireOR • Induce, procure, encourage, solicit, request, or otherwise facilitate… • A minor to engage in sexual activity for hire, whether or not the offender knows the age of the minor OR • A person the offender believes to be a minor OR

6. COMPELLING PROSTITUTION 2907.21 • Pay or agree to pay a minor directly or through a minor’s agent, so that the minor will engage in sexual activity, whether or not offender knows age of minor OR • Pay or agree to pay a person the offender believes to be a minor OR • Allow a minor to engage in sexual activity for hire if person is the parent, guardian, custodian, person having custody or control, or person in loco parentis OR

7. COMPELLING PROSTITUTION 2907.21 • Degree of Offense F-3 • F-2, if person compelled to engage in sexual activity is 16 years of age or older but less than 18 years of age • F-1, if person compelled to engage in sexual activity is less than 16 years old

8. COMPELLING PROSTITUTION 2907.21 • Prostitute – male or female who promiscuously engages in sexual activity for hire, regardless of whether the hire is paid to the prostitute or to another • Both male and female victims are contemplated and the compulsion used may be force or the threat of force, duress, or coercion of any kind

9. COMPELLING PROSTITUTION 2907.21 • It does not matter that the victim did not become a prostitute. It is sufficient that the victim was compelled ONLY once to engagein sexual activity for hire • “Compel” does not require compulsion be openly displayed or physically exerted • The element “compel” established if state proves that the victim’s will was overcome by force, fear, duress, or intimidation

11. PROMOTING PROSTITUTION 2907.22 • Knowingly… • Establish, maintain, operate, manage, supervise, control, or haveinterestin a brothel OR • Supervise, manage, or control the activities of a prostitute in engaging sexual activity for hire OR

12. PROMOTING PROSTITUTION 2907.22 • Transport another or cause another to be transported… • Across county or state line OR • In order to facilitate the other person’s engaging in sexual activity for hire… • For the purpose of violating or facilitating a violation of this section, induce or procure another to engage in sexual activity for hire

13. PROMOTING PROSTITUTION 2907.22 • Degree of Offense • F-4,F-3 if the victim is a minor • Forbids acts which further the business enterprise of prostitution • When victim is a minor the punishment is more severe • This encompasses the business of operating an “escort service” where sex for hire is involved

15. PROCURING 2907.23 • Division (A) • Knowingly and for gain… • Entice or solicit another person to patronize a prostitute or brothel OR • Procure a prostitute foranother person to patronize OR • Take or direct another person at his own request to any place for the purpose of patronizing a prostitute

16. PROCURING 2907.23 • Division (B) • Having authority or responsibility over use ofpremises… • Knowingly... • Permit the premises to be used for the purpose of engaging in sexualactivity for hire

18. PROCURING 2907.23 • Degree of Offense – M-1 • Covers different kinds of conduct • Pimping • Pandering • Procuring

19. PROCURING 2907.23 • Bellboy calls a local prostitute and lines up a call girl with a hotel guest, Violation? • Yes • Taxi driver takes passenger to local bordello at the passenger’s request in the hopes of receiving a gratuity, Violation? • Yes

20. PROCURING 2907.23 • “No-tell Motel” operator is aware that most of his business involves prostitutes taking clients to motel rooms, Violation? • Yes

21. SOLICITING (AFTER POSITIVE HIV TEST) ORC 2907.24 • Division (A) • Solicitanother… • To engage with such other person in sexualactivity for hire

23. SOLICITING (AFTER POSITIVE HIV TEST) ORC 2907.24 • Division (B) • With knowledge that the person has tested positive as a carrier of a virus that causes AIDS…Engage in conduct in violation of Division (A) of this section

24. SOLICITING (AFTER POSITIVE HIV TEST) ORC 2907.24 • Degree of Offense • Soliciting, M-3, if violates division (A) • Engaging in Solicitation after a Positive HIV Test, F-3, if violates division (B)

25. SOLICITING (AFTER POSITIVE HIV TEST) ORC 2907.24 • Forbids solicitation of paid sexual activity regardless of whether the person soliciting is buying OR selling his/her favors • Forbids professional as well as casual solicitation

27. LOITERING TO ENGAGE IN SOLICITATION 2907.241 (AFTER HIV TEST) • Division (A) • With the purpose to solicit another to engage in sexual activity for hire… • While in or near a public place… • Beckon to, stop, or attempt to stop another OR • Engage or attempt to engage another in conversation M-3, F-5 after Positive HIV Test

28. PROSTITUTION 2907.25 • Division (A) • Engage in sexual activity for hire • Division (B) • After Positive HIV Test… • Engage in sexual activity for hire • Degree of Offense M-3 • Positive HIV Test F-3

29. ObscenityStatutes

30. Miller Obscenity TestMiller v. California (1973) • Whether average person, applying contemporary standards… with work taken as a whole, appeals to the prurient (lustful) interest AND • Depicts or describes in offensive way, sexual conductAND • Taken as a whole, lacks the serious literary, artistic, political, or scientific value

31. Disseminating Matter Harmful to Juveniles 2907.31 • With knowledge of content…Recklessly… • Directly sell, deliver, furnish, disseminate, provide, exhibit, or present to…a juvenile or undercover cop • Any material or performance which is obscene or harmful to juveniles OR • Allow juvenile to review or peruse any material or view any live performance that is harmful to juveniles.

33. Disseminating Matter Harmful to Juveniles 2907.31 • Degree of Offense • M-1, if material or performance presented is harmful to juveniles, but not obscene • F-5, if material or performance is obscene • F-4, if material or performance presented is obscene and the juvenile is under 13 years of age

34. Disseminating Matter Harmful to Juveniles 2907.31 • “Present to a juvenile” means a direct presentation to specific juvenile(s) as opposed to a presentation to the general public State v. Zeh (1982)

35. Displaying Matter Harmful to Juveniles 2907.311 • Having control of a commercial establishment… • With knowledge of content involved… • 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 • M-1 with each day a separate offense

36. Pandering Sexually Oriented Matter Involving a Minor 2907.322 • Create, record, photograph, film, develop, reproduce, or publish… • Any material that shows a MINOR… • Participating or engaging in sexual activity, masturbation, bestiality OR • Knowingly…Solicit, receive, purchase, exchange, possess, or control… F-2, F-4 if received

38. Illegal Use of Minor in Nudity Oriented Material or Performance 2907.323 • Create…Any material or performance… • Showing a minor who is not the actor’s child or ward… • In a state of nudity UNLESS • For a bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or other proper purpose…

39. Deception to Obtain Matter Harmful to Juveniles 2907.33 • For purposes of enabling a juvenile to… • Obtain any material OR Gain admission to any performance… • Which is harmful to juveniles… • Falsely represent that he is the parent, guardian, or spouse of such juvenile

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