Ohio Code 2907.323 – Illegal use of minor or impaired person in nudity-oriented material or performance
(A) No person shall do any of the following:
Attorney's Note
Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the second degree | 2 years or more | up to $15,000 |
| Felony of the third degree | 9 months to 5 years | up to $10,000 |
| Felony of the fourth degree | 6 to 18 months | up to $5,000 |
| Felony of the fifth degree | 6 to 12 months | up to $2,500 |
Terms Used In Ohio Code 2907.323
- Child: includes child by adoption. See Ohio Code 1.59
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- state: means the state of Ohio. See Ohio Code 1.59
- Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
(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.