(a) No person, with knowledge of the character of the material or performance involved, shall do any of the following:
(1) Create, record, photograph, film, develop, reproduce, or publish any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality;
(2) Advertise for sale or dissemination, sell, distribute, transport, disseminate, exhibit or display any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality;
(3) Create, direct or produce a performance that shows a minor participating or engaging in sexual activity, masturbation or bestiality;
(4) Advertise for presentation, present or participate in presenting a performance that shows a minor participating or engaging in sexual activity, masturbation or bestiality;
(5) Solicit, receive, purchase, exchange, possess or control any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality;
(6) Bring or cause to be brought into this City any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality, or bring, cause to be brought, or finance the bringing of any minor into or across this City with the intent that the minor engage in sexual activity, masturbation or bestiality in a performance or for the purpose of producing material containing a visual representation depicting the minor engaged in sexual activity, masturbation or bestiality.
(b) (1) This section does not apply to any material or performance that is sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this City, 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 the material or performance.
(2) Mistake of age is not a defense to a charge under this section.
(3) In a prosecution under this section, 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.
(c) Whoever violates the section is guilty of pandering sexually oriented matter involving a minor, a misdemeanor of the first degree if the offender has not previously been convicted of or pleaded guilty to a violation of any of the provisions of this section, or Ohio R.C. 2907.321 to 2907.323.
(Ord. 1989-199. Passed 10-24-89.)