Ohio § 2907.323

§ 2907.323.

(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 .