Ohio Revised Code
Chapter 2907 | Sex Offenses
Section 2907.322 | Pandering Sexually Oriented Matter Involving a Minor or Impaired Person.

Effective: March 22, 2019
Latest Legislation: Senate Bill 201 - 132nd General Assembly
(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 or impaired person 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 or impaired person participating or engaging in sexual activity, masturbation, or bestiality;
(3) Create, direct, or produce a performance that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality;
(4) Advertise for presentation, present, or participate in presenting a performance that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality;
(5) Knowingly solicit, receive, purchase, exchange, possess, or control any material that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality;
(6) Bring or cause to be brought into this state any material that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality ;
(7) Bring, cause to be brought, or finance the bringing of any minor or impaired person into or across this state with the intent that the minor or impaired person engage in sexual activity, masturbation, or bestiality in a performance or for the purpose of producing material containing a visual representation depicting the minor or impaired person 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 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, member of the clergy, 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 or impaired person if the material or performance, through its title, text, visual representation, or otherwise, represents or depicts the person as a minor or impaired person.
(C) Whoever violates this section is guilty of pandering sexually oriented matter involving a minor or impaired person. If the offense involves a minor, a violation of division (A)(1), (2), (3), (4), (6), or (7) of this section is a felony of the second degree. If the offense involves an impaired person, a violation of division (A)(1), (2), (3), (4), (6), or (7) of this section is a felony of the third 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 2907.321 or 2907.323 of the Revised Code, pandering sexually oriented matter involving a minor or impaired person in violation of division (A)(5) of this section is a felony of the third degree.

Structure Ohio Revised Code

Ohio Revised Code

Title 29 | Crimes-Procedure

Chapter 2907 | Sex Offenses

Section 2907.01 | Sex Offenses General Definitions.

Section 2907.02 | Rape.

Section 2907.03 | Sexual Battery.

Section 2907.04 | Unlawful Sexual Conduct With Minor.

Section 2907.05 | Gross Sexual Imposition.

Section 2907.06 | Sexual Imposition.

Section 2907.07 | Importuning.

Section 2907.08 | Voyeurism.

Section 2907.09 | Public Indecency.

Section 2907.10 | Preliminary Polygraph Test of Sex Offense Victim.

Section 2907.11 | Suppression of Names of Victim and Offender and Details of the Alleged Offense.

Section 2907.15 | Withholding Moneys Needed for Restitution to Crime Victims From State Retirement Funds.

Section 2907.17 | Notice of Indictment of Mental Health Professional Sent to Regulatory or Licensing Board or Agency.

Section 2907.171 | Prosecutor's Failure to Give Notice.

Section 2907.18 | Notice of Conviction of Mental Health Professional Sent to Regulatory or Licensing Board or Agency.

Section 2907.19 | Commercial Sexual Exploitation of a Minor.

Section 2907.21 | Compelling Prostitution.

Section 2907.22 | Promoting Prostitution.

Section 2907.23 | Enticement or Solicitation to Patronize a Prostitute; Procurement of a Prostitute for Another.

Section 2907.231 | Engaging in Prostitution.

Section 2907.24 | Soliciting; Solicitation After a Positive HIV Test.

Section 2907.241 | Loitering to Engage in Solicitation - Solicitation After Positive HIV Test.

Section 2907.25 | Prostitution - After Positive HIV Test.

Section 2907.26 | Rules of Evidence in Brothel and Prostitution Cases.

Section 2907.27 | Testing and Treatment for Venereal Diseases and Hiv.

Section 2907.28 | Payment for Medical Examination and Test of Any Victim or Accused.

Section 2907.29 | Hospital Emergency Services for Victims of Sexual Offenses.

Section 2907.30 | Interview of Victim by Crisis Intervention Trained Officer.

Section 2907.31 | Disseminating Matter Harmful to Juveniles.

Section 2907.311 | Displaying Matter Harmful to Juveniles.

Section 2907.32 | Pandering Obscenity.

Section 2907.321 | Pandering Obscenity Involving a Minor or Impaired Person.

Section 2907.322 | Pandering Sexually Oriented Matter Involving a Minor or Impaired Person.

Section 2907.323 | Illegal Use of Minor or Impaired Person in Nudity-Oriented Material or Performance.

Section 2907.33 | Deception to Obtain Matter Harmful to Juveniles.

Section 2907.34 | Compelling Acceptance of Objectionable Materials.

Section 2907.35 | Presumptions in Obscenity Cases.

Section 2907.36 | Declaratory Judgment Action.

Section 2907.37 | Injunction - Nuisance.

Section 2907.38 | Permitting Unlawful Operation of Viewing Booths Depicting Sexual Conduct.

Section 2907.39 | Permitting Juvenile on Premises of Adult Entertainment Establishment - Use of False Information to Gain Entry.

Section 2907.40 | Illegally Operating Sexually Oriented Business.

Section 2907.41 | Person Charged With Subsequent Sexual Offense - Setting of Bail.