533.14 PANDERING MATERIAL INVOLVING A MINOR; ILLEGAL USE OF MINOR.

(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 or 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, 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 subsection (b) hereof is guilty of illegal use of a minor in nudity-oriented material or performance. Whoever violates subsection (b) hereof is guilty of 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.
(Ord. 121-90. Passed 7-23-90.)