2005 Archived Reports

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[DarkSilver]

I have a though or question would it be legal to ask a girl to take nude pictures of her. Would this be considered propositioning for sex? I doubt any LE would pose. Then Later discussions could occur about dreams. Would this work or not? interested on other opinions.

[Ohio Man]

Good question - I've often thought the same thing (i.e. nude modeling is legal and would be a good intro to a SW). I've finally committed to doing research of my state's (Ohio) revised code. Here's what I found:

2907.21. Compelling prostitution:
(A) No person shall knowingly do any of the following:
(1) Compel another to engage in sexual activity for hire;
[2-5 deal with "minors"]

2907.01. Definitions:

(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 cavity 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.

So, it looks like "modeling" would be OK since technically there would be no contact with the model. Here's the troubling part:

2907.241. Loitering to engage in solicitation

(A) No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:

(1) Beckon to, stop, or attempt to stop another;

(2) Engage or attempt to engage another in conversation;

(3) Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;

(4) If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;

(5) Interfere with the free passage of another.

So, even if you were cruising for a "model", they apparently could bust you for loitering. I guess you could prove that you were looking for a "model" if you had camera equipment with you, but I have no idea if this would fly or not.

[DarkSilver]

At least with Loitering theydon't take your car or put you on the sex offenders list. But it would put a damper on LE stings. Unfortunatly it is an election year so they have to make a show of cracking down.

[Cleveland Report]

I think the last loitering law Cleveland had was held to be unconstitutional. Almost sounds like this one would also fall into that category.

[Ohio Man]

While the Cleveland law may be already unconstitutional, keep in mind that this is the OHIO revised code - the state law.

Do ya think this would be unconstitutional: "Engage or attempt to engage another in conversation" That doesn't sound like it would stand up against any constitution.

Also, I was thinking....I wonder if carrying some blank templates for "model photo releases" (you can find them all over the 'net) and carrying a digital camera would serve as proof that you were looking for nude models and not loitering for sexual activity?