(a) (1) No person, with knowledge of the character of the material or performance involved, shall solicit, receive, purchase, exchange, possess or control any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
(2) A. This subsection (a) hereof does not apply to any material or performance that is possessed or controlled for a bona fide medical, scientific, educational, religious, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge or other person having a proper interest in the material or performance.
B. Mistake of age is not a defense to a charge under this section.
C. In a prosecution under this subsection (a) hereof, the trier of fact may infer that a person in the material or performance involved is a minor if the material or performance, through its title, text, visual representation or otherwise, represents or depicts the person as a minor.
(3) Whoever violates this subsection (a) hereof is guilty of pandering sexually oriented matter involving a minor. Violation of subsection (a) hereof is a misdemeanor of the first degree if the offender has not previously been convicted of or pleaded guilty to a violation of this section or Ohio R.C. 2907.321 to 2907.323.
(ORC 2907.322)
(b) (1) No person shall possess or view any material or performance that shows a minor who is not the person's child or ward in a state of nudity, unless one of the following applies:
A. The material or performance is sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this Municipality, or presented for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge or other person having a proper interest in the material or performance.
B. The person knows that the parents, guardian or custodian has consented in writing to the photographing or use of the minor in a state of nudity and to the manner in which the material or performance is used or transferred.
(2) Whoever violates this section shall be guilty of a misdemeanor of the first degree.