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Ohio Revised Code

Ohio Rev. Code § 2907.31 (2026)

Disseminating matter harmful to juveniles

✓ current as of May 2026
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Effective:
January 1, 2004
Latest Legislation:
House Bill 490 - 124th General Assembly
PDF:
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(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.

Last updated March 22, 2024 at 3:13 PM

Notes of Decisions
Cited in 176 cases (80 in the last 5 years), 1977–2026 · leading case: Am. Booksellers Found. for Free Expression v. Strickland, 512 F. Supp. 2d 1082 (S.D. Ohio 2007).
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Am. Booksellers Found. for Free Expression v. Strickland, 512 F. Supp. 2d 1082 (S.D. Ohio 2007). · cites it 103× “Procedural Plaintiffs’ instant motion is their second challenge to amendments made to Ohio’s “dissemination of material harmful to juveniles” statute, having previously petitioned this Court for a preliminary injunction against amendments made to § 2907.31 by Ohio House Bill 8.…”
State v. Kearns, 2016 Ohio 5941 (Ohio Ct. App. 2016). · cites it 14× “{¶ 1} Defendant-appellant, Sheila Kearns, appeals from a judgment of the Franklin County Court of Common Pleas finding her guilty, pursuant to a jury verdict, of four counts of disseminating matter harmful to juveniles, in violation of R.C. 2907.31, felonies of the fifth degree.”
Bookfriends, Inc. v. Taft, 223 F. Supp. 2d 932 (S.D. Ohio 2002). · cites it 30× “311 of the Revised Code and in the portions of section 2907.31 of the Revised Code that pertain to materials that are harmful to juveniles but not obscene, “material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion…”
In re L.Z., 2016 Ohio 1337 (Ohio Ct. App. 2016). · cites it 20× “15-CA-36 7 appellant’s first assignment of error--that “sexting” of the subject photo is non-criminal “testing of boundaries” and “sexual exploration” by two 12-year-old children—is belied by the purpose underlying R.C. 2907.31. The legislative notes for that section state in…”
Leis v. Flynt, 439 U.S. 438 (1979). · cites it 4× “[1] *439 Flynt and Hustler Magazine were indicated on February 8, 1977, for multiple violations of Ohio Rev. Code Ann. § 2907.31 (1975), which prohibits the dissemination of harmful material to minors.”
City of Urbana ex rel. Newlin v. Downing, 539 N.E.2d 140 (Ohio 1989). · cites it 6× “011 [R.C. 2907.31] is omitted because it is not relevant to this decision.”
State v. Gleason, 673 N.E.2d 985 (Ohio Ct. App. 1996). · cites it 11× “In finding the appellant guilty of disseminating matter harmful to juveniles in violation of R.C. 2907.31, 1 the jury was required to find that the state had proven, beyond a reasonable doubt, that appellant (1) recklessly (2) delivered, furnished, disseminated, provided,…”
State v. Setty, 2014 Ohio 2340 (Ohio Ct. App. 2014). · cites it 4× “31(F), if the material disseminated or presented to the juvenile is obscene, as opposed to merely harmful, and if the victim is less than 13 years of age, the violation of R.C. 2907.31 is a felony of the fourth degree.”
Reno v. Am. Civil Liberties Union, 521 U.S. 844 (1997). · cites it 2× “1995); Ohio Rev. Code Ann. § 2907.31 (A)(1) (Supp.”
Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “1-03 (1985) Ohio Ohio Rev. Code Ann. § 2907.31 (1986) Okla.”
Pack v. City of Cleveland, 438 N.E.2d 434 (Ohio 1982). · cites it 6× “35(C) of motion picture operators or projectionists from the operation of the obscenity statute R.C. 2907.31, pertaining to disseminating matter harmful to juveniles, and R.”
State v. Cook, 2020 Ohio 3411 (Ohio Ct. App. 2020). · cites it 4× “31, which provides: “No person, with knowledge of its character or content, shall recklessly * * *[,] [w]hile in the physical proximity of the juvenile * * *, allow any juvenile * * * to review or peruse any material or view any live performance that is harmful to juveniles.”
Show all 176 citing cases →
— Ohio Rev. Code § 2907.31(A) — 10 cases
Am. Booksellers Found. for Free Expression v. Strickland, 512 F. Supp. 2d 1082 (S.D. Ohio 2007). “Procedural Plaintiffs’ instant motion is their second challenge to amendments made to Ohio’s “dissemination of material harmful to juveniles” statute, having previously petitioned this Court for a preliminary injunction against amendments made to § 2907.31 by Ohio House Bill 8.…”
State v. Gleason, 673 N.E.2d 985 (Ohio Ct. App. 1996). “In finding the appellant guilty of disseminating matter harmful to juveniles in violation of R.C. 2907.31, 1 the jury was required to find that the state had proven, beyond a reasonable doubt, that appellant (1) recklessly (2) delivered, furnished, disseminated, provided,…”
Am. Booksellers Found. for Free Expression v. Cordray, 2010 Ohio 149 (Ohio 2010).
In re L.Z., 2016 Ohio 1337 (Ohio Ct. App. 2016). “15-CA-36 7 appellant’s first assignment of error--that “sexting” of the subject photo is non-criminal “testing of boundaries” and “sexual exploration” by two 12-year-old children—is belied by the purpose underlying R.C. 2907.31. The legislative notes for that section state in…”
In re M.W., 2018 Ohio 5227 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2907.31(A)(1) — 102 cases
In re L.Z., 2016 Ohio 1337 (Ohio Ct. App. 2016). “15-CA-36 7 appellant’s first assignment of error--that “sexting” of the subject photo is non-criminal “testing of boundaries” and “sexual exploration” by two 12-year-old children—is belied by the purpose underlying R.C. 2907.31. The legislative notes for that section state in…”
State v. Chisenhall, 2024 Ohio 1918 (Ohio Ct. App. 2024).
State v. Setty, 2014 Ohio 2340 (Ohio Ct. App. 2014). “31(F), if the material disseminated or presented to the juvenile is obscene, as opposed to merely harmful, and if the victim is less than 13 years of age, the violation of R.C. 2907.31 is a felony of the fourth degree.”
State v. Murphy, 2020 Ohio 4667 (Ohio Ct. App. 2020).
State v. Valentine, 2019 Ohio 2243 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2907.31(A)(1)(F) — 2 cases
State v. Hutter, 2018 Ohio 3488 (Ohio Ct. App. 2018).
State v. Stringfellow, 2013 Ohio 5452 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2907.31(A)(2) — 5 cases
In re M.W., 2018 Ohio 5227 (Ohio Ct. App. 2018).
State v. Smith, 2018 Ohio 4615 (Ohio Ct. App. 2018).
In re J.D., 2022 Ohio 2334 (Ohio Ct. App. 2022).
In re M.W., 2019 Ohio 4564 (Ohio Ct. App. 2019).
In re M.W., 2020 Ohio 3644 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2907.31(A)(3) — 19 cases
State v. Cook, 2020 Ohio 3411 (Ohio Ct. App. 2020). “31, which provides: “No person, with knowledge of its character or content, shall recklessly * * *[,] [w]hile in the physical proximity of the juvenile * * *, allow any juvenile * * * to review or peruse any material or view any live performance that is harmful to juveniles.”
State v. Risch, 2025 Ohio 2484 (Ohio Ct. App. 2025).
State v. Anderson, 784 N.E.2d 196 (Ohio Ct. App. 2003).
State v. Thomas, 2015 Ohio 3226 (Ohio Ct. App. 2015).
State v. Walcot, 2013 Ohio 4041 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2907.31(A)(3)(F) — 2 cases
State v. Anderson, 2024 Ohio 1006 (Ohio Ct. App. 2024).
State v. Dubois, 2024 Ohio 6115 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2907.31(A)(3)(d) — 1 case
State v. Hines, 2019 Ohio 5039 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2907.31(A)(4) — 1 case
State v. Musacchio, 2019 Ohio 1413 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2907.31(C)(1) — 2 cases
State v. Kearns, 2016 Ohio 5941 (Ohio Ct. App. 2016). “{¶ 1} Defendant-appellant, Sheila Kearns, appeals from a judgment of the Franklin County Court of Common Pleas finding her guilty, pursuant to a jury verdict, of four counts of disseminating matter harmful to juveniles, in violation of R.C. 2907.31, felonies of the fifth degree.”
Am. Booksellers Found. for Free Expression v. Strickland, 512 F. Supp. 2d 1082 (S.D. Ohio 2007). “Procedural Plaintiffs’ instant motion is their second challenge to amendments made to Ohio’s “dissemination of material harmful to juveniles” statute, having previously petitioned this Court for a preliminary injunction against amendments made to § 2907.31 by Ohio House Bill 8.…”
— Ohio Rev. Code § 2907.31(C)(2) — 1 case
State v. Boyd, 2022 Ohio 3523 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2907.31(D) — 5 cases
State v. Gleason, 673 N.E.2d 985 (Ohio Ct. App. 1996). “In finding the appellant guilty of disseminating matter harmful to juveniles in violation of R.C. 2907.31, 1 the jury was required to find that the state had proven, beyond a reasonable doubt, that appellant (1) recklessly (2) delivered, furnished, disseminated, provided,…”
Am. Booksellers Found. for Free Expression v. Cordray, 2010 Ohio 149 (Ohio 2010).
Am. Booksellers Found. for Free Expression v. Strickland, 512 F. Supp. 2d 1082 (S.D. Ohio 2007). “Procedural Plaintiffs’ instant motion is their second challenge to amendments made to Ohio’s “dissemination of material harmful to juveniles” statute, having previously petitioned this Court for a preliminary injunction against amendments made to § 2907.31 by Ohio House Bill 8.…”
State v. Boyd, 2023 Ohio 271 (Ohio Ct. App. 2023).
State v. Ruediger, 2025 Ohio 4370 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2907.31(D)(1) — 4 cases
Am. Booksellers Found. for Free Expression v. Strickland, 512 F. Supp. 2d 1082 (S.D. Ohio 2007). “Procedural Plaintiffs’ instant motion is their second challenge to amendments made to Ohio’s “dissemination of material harmful to juveniles” statute, having previously petitioned this Court for a preliminary injunction against amendments made to § 2907.31 by Ohio House Bill 8.…”
Am. Booksellers Found. for Free Expression v. Cordray, 2010 Ohio 149 (Ohio 2010).
State v. Boyd, 2022 Ohio 4749 (Ohio Ct. App. 2022).
State v. Ruediger, 2024 Ohio 1975 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2907.31(D)(2) — 2 cases
Am. Booksellers Found. for Free Expression v. Strickland, 512 F. Supp. 2d 1082 (S.D. Ohio 2007). “Procedural Plaintiffs’ instant motion is their second challenge to amendments made to Ohio’s “dissemination of material harmful to juveniles” statute, having previously petitioned this Court for a preliminary injunction against amendments made to § 2907.31 by Ohio House Bill 8.…”
Am. Booksellers Found. for Free Expression v. Cordray, 2010 Ohio 149 (Ohio 2010).
— Ohio Rev. Code § 2907.31(D)(2)(b) — 1 case
Am. Booksellers Found. for Free Expression v. Cordray, 2010 Ohio 149 (Ohio 2010).
— Ohio Rev. Code § 2907.31(F) — 9 cases
State v. Kearns, 2016 Ohio 5941 (Ohio Ct. App. 2016). “{¶ 1} Defendant-appellant, Sheila Kearns, appeals from a judgment of the Franklin County Court of Common Pleas finding her guilty, pursuant to a jury verdict, of four counts of disseminating matter harmful to juveniles, in violation of R.C. 2907.31, felonies of the fifth degree.”
State v. Setty, 2014 Ohio 2340 (Ohio Ct. App. 2014). “31(F), if the material disseminated or presented to the juvenile is obscene, as opposed to merely harmful, and if the victim is less than 13 years of age, the violation of R.C. 2907.31 is a felony of the fourth degree.”
State v. Cook, 2020 Ohio 3411 (Ohio Ct. App. 2020). “31, which provides: “No person, with knowledge of its character or content, shall recklessly * * *[,] [w]hile in the physical proximity of the juvenile * * *, allow any juvenile * * * to review or peruse any material or view any live performance that is harmful to juveniles.”
State v. Murphy, 2020 Ohio 4667 (Ohio Ct. App. 2020).
In re L.Z., 2016 Ohio 1337 (Ohio Ct. App. 2016). “15-CA-36 7 appellant’s first assignment of error--that “sexting” of the subject photo is non-criminal “testing of boundaries” and “sexual exploration” by two 12-year-old children—is belied by the purpose underlying R.C. 2907.31. The legislative notes for that section state in…”
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