(a) 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.
(b) Subsection (a) hereof does not apply to any material or performance that is possessed or controlled 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.
(c) Mistake of age is not a defense to a charge under this section.
(d) 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. (ORC 2907.322)
(e) 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:
(1) 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.
(2) 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.
(ORC 2907.323)
(f) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree, provided the offender has not been previously convicted of or pleaded guilty to a violation of any of the provisions of this section or Ohio R.C. 2907.321, 2907.322 or 2907.323.
(ORC 2907.322(C), 2907.323(B))