Ohio — Statute

Presumptions in Obscenity Cases | Ohio Title 29 - Crimes and Procedure | Ohio Law

Learn about Ohio's laws on presumptions in obscenity cases, including possession limits, notice requirements, and exemptions for theater employees.

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Presumptions in Obscenity Cases

Ohio — Ohio Title 29 - Crimes and Procedure

Summary

Ohio Revised Code 2907.35 establishes presumptions related to obscenity cases involving commercial establishments such as bookstores, newsstands, and theaters. It presumes violations if an owner or employee possesses multiple obscene items or has actual notice of obscene material or performances. The law also specifies how actual notice can be given and clarifies certain exemptions for motion picture operators.

Frequently Asked Questions

What constitutes a violation under Ohio law regarding obscene materials?

A violation is presumed if an owner or employee possesses five or more similar obscene items or has actual notice of obscene material or performances, depending on the circumstances.

How is actual notice of obscene material given under Ohio law?

Actual notice can be given in writing by the chief legal officer of the jurisdiction, identifying the sender, the material, its obscene or harmful nature, and the date.

Are theater employees responsible for obscenity violations?

No, motion picture operators or projectionists acting within their scope of employment without managerial responsibilities are exempt from certain provisions of the law.

Does Ohio law specify how many obscene items can be possessed before it is presumed to be a violation?

Yes, possessing five or more identical or substantially similar obscene articles is presumed to be a violation.

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In simple terms: Learn about Ohio's laws on presumptions in obscenity cases, including possession limits, notice requirements, and exemptions for theater employees.. This means people must follow this rule, and breaking it can lead to criminal penalties.

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