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533.14 GENERAL OFFENSES CODE 92
<br />533.14 PANDERING MATERIAL INVOLVING A MINOR; ILLEGAL USE OF MINOR.
<br />(a) , (1) No person, with knowledge of the character of the material or performance
<br />involved, shall solicit, receive, purchase, exchange, possess or control
<br />any material that shows a minor participating or engaging in sexual
<br />activity,, masturbation or bestiality. .
<br />(2) A. .This subsection (a) hereof does not .apply to any material or performance
<br />that is possessed or controlled for a bona fide medical, scientific,
<br />educational, religious, governmental, judicial or other proper purpose,
<br />by a physician, psychologist, sociologist, scientist, teacher, person
<br />pursuing bona fide studies or research, librarian, clergyman, prosecu-
<br />tor, judge or other person having a proper interest in the material
<br />or performance.
<br />B. Mistake of age is not a defense to a charge under this section.
<br />C. In a prosecution under this subsection (a) hereof, the trier of fact
<br />may infer that a person in the material or performance involved
<br />is a minor if the, material or performance, through its title, text,
<br />visual representation or otherwise, represents or depicts the person
<br />as a minor.
<br />(3) Whoever violates this subsection (a) hereof is guilty of pandering sexually
<br />oriented matter involving.a minor. Violation of subsection (a) hereof is
<br />a misdemeanor of.the first degree if the offender has not previously been
<br />convicted or or pleaded guilty to a violation of this section or Ohio R. C.
<br />2907.,321 to 2907.323. (ORC 2907.322)
<br />(b) (1) No person shall possess or view any material or performance that shows
<br />a minor who is not the person's child or ward in a state of nudity, unless
<br />one of.the following applies:
<br />A. The material or performance is sold, disseminated, displayed, possessed,
<br />controlled, brought or caused to be brought into this Municipality, or
<br />presented for a bona fide artistic, medical, scientific, educational,
<br />religious, governmental, judicial or other proper purpose, by or to a
<br />- physician, psychologist, sociologist, scientist, teacher, person pursuing
<br />. bona fide studies or research., librarian, clergyman, prosecutor, judge
<br />or other person having a proper interest in the material or performance.
<br />B. The, person knows that the parents, guardian or custodian has consented
<br />in writing to the photographing or use of the minor in a state of nudity
<br />and to the manner in which the material or performance is used or
<br />transferred.
<br />(2) Whoever violates this subsection (b) hereof is guilty of illegal use of a minor
<br />in nudity-oriented material or performance.. Whoever violates subsection
<br />(b) hereof is guilty of a misdemeanor of the first degree if the offender has
<br />not previously been convicted of or pleaded guilty to a violation of this
<br />section or Ohio R.C. 2907.321 to 2907.323. (ORC 2907.323)
<br />1990 Replacement
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