(a) No person, with knowledge of the character of the material or performance Involved, shall do any of the following:
(1) Create, reproduce or publish any obscene material, when the offender knows that such material is to be used for commercial exploitation or will be publicly disseminated or displayed, or when he is reckless in that regard;
(2) Promote or advertise for sale, delivery or dissemination; sell, deliver, publicly disseminate, publicly display, exhibit, present, rent or provide; or offer or agree to sell, deliver, publicly disseminate, publicly display, exhibit, present, rent or provide, any obscene material;
(3) Create, direct or produce an obscene performance, when the offender knows that it is to be used for commercial exploitation or will be publicly presented, or when he is reckless in that regard;
(4) Advertise or promote an obscene performance for presentation, or present or participate in presenting an obscene performance, when such performance is presented publicly, or when admission is charged;
(5) Buy, procure, possess or control any obscene material with purpose to violate subsection (a)(2) or (4) hereof.
(b) It is an affirmative defense to a charge under this section, that the material or performance involved was disseminated or presented for a bona fide 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 such material or performance.
(c) Whoever violates this section is guilty of pandering obscenity, a misdemeanor of the first degree, if the offender has not previously been convicted of a violation of this section, Section 533.11 or Ohio R.C. 2907.31 or 2907.32. (ORC 2907.32)