(a) No person shall possess or view any material or performance that shows a minor who is not the parents' 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 State, 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.
(b) Whoever violates this section is guilty of illegal use of a minor in nudity oriented material or performances, a misdemeanor of the first degree, if the offender has not previously been convicted of or pleaded guilty to an offense under this section or Ohio R.C. 2907.323(A)(3).
(ORC 2907.323; Ord. 768-84. Passed 10-23-84.)