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533.11 GENERAL OFFENSES CODE 90 <br />533.11 DISSEMINATING MATERIAL HARMFUL TO JUVENILES. <br />(a) No person, with knowledge of its character or content, shall recklessly do any <br />of the following: <br />(1) Sell, deliver, furnish, disseminate, provide, exhibit, rent or present to <br />a juvenile any material or performance that is obscene or harmful to <br />juvenile s_ ; <br />(2) Offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, <br />rent or present to a juvenile any material or performance that is obscene <br />or harmful to juveniles; <br />(3) Allow any juvenile to review or peruse any material or view any live <br />performance that is harmful to juveniles. <br />(b) The following are affirmative defenses to a charge under this section that <br />involves material or a performance that is harmful to,.juveniles but not obscene: <br />(1) The defendant is the parent, guardian or spouse of the juvenile involved. <br />(2) The juvenile involved, at the time of the conduct in question, was <br />accompanied by his parent or guardian who, with knowledge of its <br />character, consented to the material or performance being furnished <br />or presented to the ju-penile. <br />(3) The juvenile exhibited to the defendant or his agent or employee a draft <br />card, driver's license, birth certificate, marriage license or other <br />official or apparently official document purporting to show that such <br />juvenile was eighteen years of age or over or married, and the person <br />to whom such document was exhibited did not otherwise have reasonable <br />cause to believe that such juvenile was under the age of eighteen and <br />unmarried. <br />(c) (1) It is an affirmative defense to a charge under this section, involving <br />material or a performance that is obscene or harmful to juveniles, <br />that such material or performance was furnished or presented for a <br />bona fide. medical, scientific, educational, governmental, judicial or <br />other proper purpose, by a physician, psychologist, sociologist, scientist, <br />teacher, librarian, clergyman, prosecutor, judge or other proper person. <br />(2) Except as provided in subsection (b)(3) hereof, mistake of age is, not a <br />defense to a charge under this section... <br />(d) Whoever violates this section is guilty of disseminating matter harmful to <br />juveniles. If the material or performance involved is harmful to juveniles but not <br />obscene, violation of this section is a misdemeanor of the first degree. (ORC 2907.31) <br />1990 Replacement <br />