Ohio Revised Code
Chapter 2907 | Sex Offenses
Section 2907.323 | Illegal Use of Minor or Impaired Person in Nudity-Oriented Material or Performance.

Effective: March 22, 2019
Latest Legislation: Senate Bill 201 - 132nd General Assembly
(A) No person shall do any of the following:
(1) Photograph any minor or impaired person who is not the person's child or ward in a state of nudity, or create, direct, produce, or transfer any material or performance that shows the minor or impaired person in a state of nudity, unless both of the following apply:
(a) The material or performance is, or is to be, 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, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance;
(b) The minor's or impaired person's parents, guardian, or custodian consents in writing to the photographing of the minor or impaired person, to the use of the minor or impaired person in the material or performance, or to the transfer of the material and to the specific manner in which the material or performance is to be used.
(2) Consent to the photographing of the person's child or ward who is a minor or impaired person, or photograph the person's child or ward who is a minor or impaired person, in a state of nudity or consent to the use of the person's child or ward who is a minor or impaired person in a state of nudity in any material or performance, or use or transfer a material or performance of that nature, unless 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, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance;
(3) Possess or view any material or performance that shows a minor or impaired person 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 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, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance.
(b) The person knows that the minor's or impaired person's parents, guardian, or custodian has consented in writing to the photographing or use of the minor or impaired person 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 or impaired person in a nudity-oriented material or performance. If the offense involves a minor, whoever violates division (A)(1) or (2) of this section is guilty of a felony of the second degree. If the offense involves an impaired person, whoever violates division (A)(1) or (2) of this section is guilty of a felony of the third degree. Except as otherwise provided in this division, whoever violates division (A)(3) of this section is guilty of a felony of the fifth degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section or section 2907.321 or 2907.322 of the Revised Code, illegal use of a minor or impaired person in a nudity-oriented material or performance in violation of division (A)(3) of this section is a felony of the fourth degree. If the offender who commits a violation of division (A)(1) or (2) of this section that involves a minor also is convicted of or pleads guilty to a specification as described in section 2941.1422 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, the court shall sentence the offender to a mandatory prison term as provided in division (B)(7) of section 2929.14 of the Revised Code and shall order the offender to make restitution as provided in division (B)(8) of section 2929.18 of the Revised Code.

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.