Section 2907.321 | Pandering obscenity involving a minor or impaired person.
(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 that has a minor as one of its participants or portrayed observers;
(2) Promote or advertise for sale or dissemination; sell, deliver, disseminate, display, exhibit, present, rent, or provide; or offer or agree to sell, deliver, disseminate, display, exhibit, present, rent, or provide, any obscene material that has a minor as one of its participants or portrayed observers;
(3) Create, direct, or produce an obscene performance that has a minor as one of its participants;
(4) Advertise or promote for presentation, present, or participate in presenting an obscene performance that has a minor as one of its participants;
(5) Buy, procure, possess, or control any obscene material, that has a minor as one of its participants;
(6) Bring or cause to be brought into this state any obscene material that has a minor as one of its participants or portrayed observers.
(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 state, 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 this section is guilty of pandering obscenity involving a minor. Violation of division (A)(1), (2), (3), (4), or (6) of this section is a felony of the second degree. Violation of division (A)(5) of this section is a felony of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section or section 2907.322 or 2907.323 of the Revised Code, pandering obscenity involving a minor in violation of division (A)(5) of this section is a felony of the third degree.
Available Versions of this Section
- March 17, 1989 – House Bill 51 - 117th General Assembly [ View March 17, 1989 Version ]
- March 22, 2019 – Amended by Senate Bill 201 - 132nd General Assembly [ View March 22, 2019 Version ]