Ohio § 2907.31

§ 2907.31.

(A) No person, with knowledge of its character or content, shall recklessly do any of

the following: (1) Directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present

to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile,

or a group of law enforcement officers posing as juveniles any material or performance

that is obscene or harmful to juveniles; (2) Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit,

rent, or present to a juvenile, a group of juveniles, a law enforcement officer posing

as a juvenile, or a group of law enforcement officers posing as juveniles any material

or performance that is obscene or harmful to juveniles; (3) While in the physical proximity of the juvenile or law enforcement officer posing

as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile

to review or peruse any material or view any live performance that is harmful to juveniles. (B) The following are affirmative defenses to a charge under this section that involves

material or a performance that is harmful to juveniles but not obscene: (1) The defendant is the parent, guardian, or spouse of the juvenile involved. (2) The juvenile involved, at the time of the conduct in question, was accompanied by

the juvenile's parent or guardian who, with knowledge of its character, consented

to the material or performance being furnished or presented to the juvenile. (3) The juvenile exhibited to the defendant or to the defendant's agent or employee a

draft card, driver's license, birth record, marriage license, or other official or

apparently official document purporting to show that the juvenile was eighteen years

of age or over or married, and the person to whom that document was exhibited did

not otherwise have reasonable cause to believe that the juvenile was under the age

of eighteen and unmarried. (C)(1) It is an affirmative defense to a charge under this section, involving material or

a performance that is obscene or harmful to juveniles, that the material or performance

was furnished or presented for a bona fide medical, scientific, educational, governmental,

judicial, or other proper purpose, by a physician, psychologist, sociologist, scientist,

teacher, librarian, clergyman, prosecutor, judge, or other proper person. (2) Except as provided in division (B)(3) of this section, mistake of age is not a defense

to a charge under this section. (D)(1) A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents,

or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide,

exhibit, rent, or present material or a performance to a juvenile, a group of juveniles,

a law enforcement officer posing as a juvenile, or a group of law enforcement officers

posing as juveniles in violation of this section by means of an electronic method

of remotely transmitting information if the person knows or has reason to believe

that the person receiving the information is a juvenile or the group of persons receiving

the information are juveniles. (2) A person remotely transmitting information by means of a method of mass distribution

does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or

present or directly offer or agree to sell, deliver, furnish, disseminate, provide,

exhibit, rent, or present the material or performance in question to a juvenile, a

group of juveniles, a law enforcement officer posing as a juvenile, or a group of

law enforcement officers posing as juveniles in violation of this section if either

of the following applies: (a) The person has inadequate information to know or have reason to believe that a particular

recipient of the information or offer is a juvenile. (b) The method of mass distribution does not provide the person the ability to prevent

a particular recipient from receiving the information. (E) If any provision of this section, or the application of any provision of this section

to any person or circumstance, is held invalid, the invalidity does not affect other

provisions or applications of this section or related sections that can be given effect

without the invalid provision or application.  To this end, the provisions are severable. (F) Whoever violates this section is guilty of disseminating matter harmful to juveniles.  If the material or performance involved is harmful to juveniles, except as otherwise

provided in this division, a violation of this section is a misdemeanor of the first

degree.  If the material or performance involved is obscene, except as otherwise provided

in this division, a violation of this section is a felony of the fifth degree.  If the material or performance involved is obscene and the juvenile to whom it is

sold, delivered, furnished, disseminated, provided, exhibited, rented, or presented,

the juvenile to whom the offer is made or who is the subject of the agreement, or

the juvenile who is allowed to review, peruse, or view it is under thirteen years

of age, violation of this section is a felony of the fourth degree.