2006 Ohio Revised Code - 2907.34. Compelling acceptance of objectionable materials.

§ 2907.34. Compelling acceptance of objectionable materials.
 

(A)  No person, as a condition to the sale, allocation, consignment, or delivery of any material or goods of any kind, shall require the purchaser or consignee to accept any other material reasonably believed to be obscene, or which if furnished or presented to a juvenile would be in violation of section 2907.31 of the Revised Code. 

(B)  No person shall deny or threaten to deny any franchise or impose or threaten to impose any financial or other penalty upon any purchaser or consignee because the purchaser or consignee failed or refused to accept any material reasonably believed to be obscene as a condition to the sale, allocation, consignment, or delivery of any other material or goods or because the purchaser or consignee returned any material believed to be obscene that the purchaser or consignee initially accepted. 

(C)  Whoever violates this section is guilty of compelling acceptance of objectionable materials, a felony of the fifth degree. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 142 v H 51 (Eff 3-17-89); 146 v S 2. Eff 7-1-96.
 

Not analogous to former RC § 2907.34 (RS § 6842; S&C 240, 426; 55 v 84; 66 v 29; 73 v 31; 73 v 86; 78 v 186; 82 v 140; 83 v 23; 95 v 303; 97 v 67; GC § 12467; 111 v 101; 124 v 466; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

Analogous to former RC § 2905.36 (133 v H 84), repealed 134 v H 511, § 2, eff 1-1-74.

The effective date is set by section 6 of SB 2. 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section continues a former prohibition against forcing unwilling purchasers or consignees to accept objectionable materials. 

The measure applies mainly to suppliers or distributors who refuse to furnish a retailer with items he wants and needs unless he also accepts materials which are objectionable and which he doesn't want. For example, the film distributor who conditions his willingness to rent a "G" rated film on the movie operator's unwilling acceptance of an "R" rated film would be guilty of a violation of this section. Similarly, the publisher who refuses shipment of an order of "Little Women" unless the bookseller takes delivery on a consignment of "Fanny Hill" would also be in violation of this section, if he insists on the condition over the objection of the bookseller. 

Compelling acceptance of objectionable materials is a felony of the fourth degree.