OH Rev. Code Sec. 2907.31

[Dspp at aol.com]

Here is a copy of a law passed this summer in Ohio (OH Rev. Code Sec.
2907.31). We have been discussing the possible implications of this law
recently at work since there has been talk about its use against librarians
who are involved with the internet at public libraries. Note the exception,
inter alia, given to librarians. Also note that violation of this law re
non-obscene materials that are "harmful to juveniles" is a misdemeanor of the
first degree. What is harmful to juveniles? Access to how to grow marijuana?
Access to certain music lyrics? Reading opinions that are not popular? 

This law makes cyberpatrol, an eminently bad idea, seem like a harmless piece
of software. Please note that I support laws that protect minors from
intentional exposure to obscene materials, but this law is too ambiguous
given that it is mainly based on a vague, subjective phrase, "harmful to
minors." This law is beyond content based restriction; we now have a law that
doles out penalties based on content that does not even have to be obscene.

DSP Popeck

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Section 2907.31
General Assembly: 121
Bill Number: Amended Sub. S.B. 2
Effective Date: 07/01/96

(A) No person, with knowledge of its character or content, shall
recklessly do any of the following:
(1) Sell, deliver, furnish, disseminate, provide, exhibit, rent, or
present to a juvenile any material or performance that is obscene
or harmful to juveniles;
(2) Offer or agree to sell, deliver, furnish, disseminate, provide,
exhibit, rent, or present to a juvenile any material or performance
that is obscene or harmful to juveniles;
(3) Allow any 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 to the defendant's
agent or employee a draft card, driver's license, birth record,
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 division (B)(3) of this section, mistake
of age is not a defense to a charge under this section.
(D) 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 division, a violation of this section is a misdemeanor of the
first degree. If the material or performance involved is obscene,
except as otherwise provided in this division, a violation of this
section is a felony of the fifth degree. If the material or
performance involved is obscene and the juvenile to whom it is
sold, delivered, furnished, disseminated, provided, exhibited,
rented, or presented, the juvenile to whom the offer is made or
who is the subject of the agreement, or the juvenile who is
allowed to review, peruse, or view it is under thirteen years of
age, violation of this section is a felony of the fourth degree.