Ohio Rev. Code » Chapter 2907
Ohio Revised Code

Ohio Rev. Code § 2907.322 (2026)

Pandering sexually oriented matter involving a minor or impaired person

✓ current as of May 2026
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Effective:
March 22, 2019
Latest Legislation:
Senate Bill 201 - 132nd General Assembly
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(A) No person, with knowledge of the character of the material or performance involved, shall do any of the following:

(1) Create, record, photograph, film, develop, reproduce, or publish any material that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality;

(2) Advertise for sale or dissemination, sell, distribute, transport, disseminate, exhibit, or display any material that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality;

(3) Create, direct, or produce a performance that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality;

(4) Advertise for presentation, present, or participate in presenting a performance that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality;

(5) Knowingly solicit, receive, purchase, exchange, possess, or control any material that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality;

(6) Bring or cause to be brought into this state any material that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality ;

(7) Bring, cause to be brought, or finance the bringing of any minor or impaired person into or across this state with the intent that the minor or impaired person engage in sexual activity, masturbation, or bestiality in a performance or for the purpose of producing material containing a visual representation depicting the minor or impaired person engaged in sexual activity, masturbation, or bestiality.

(B)(1) This section does not apply to any material or performance that is sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this state, or presented for a bona fide 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.

(2) Mistake of age is not a defense to a charge under this section.

(3) In a prosecution under this section, the trier of fact may infer that a person in the material or performance involved is a minor or impaired person if the material or performance, through its title, text, visual representation, or otherwise, represents or depicts the person as a minor or impaired person.

(C) Whoever violates this section is guilty of pandering sexually oriented matter involving a minor or impaired person. If the offense involves a minor, a violation of division (A)(1), (2), (3), (4), (6), or (7) of this section is a felony of the second degree. If the offense involves an impaired person, a violation of division (A)(1), (2), (3), (4), (6), or (7) of this section is a felony of the third degree. Violation of division (A)(5) of this section is a felony of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section or section 2907.321 or 2907.323 of the Revised Code, pandering sexually oriented matter involving a minor or impaired person in violation of division (A)(5) of this section is a felony of the third degree.
Notes of Decisions
Cited in 299 cases (108 in the last 5 years), 1986–2026 · leading case: State v. Tooley, 872 N.E.2d 894 (Ohio 2007).
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State v. Tooley, 872 N.E.2d 894 (Ohio 2007). · cites it 38× “*367 {¶ 1} We accepted the state of Ohio’s discretionary appeal 1 and consolidated it with a certified conflict 2 to determine whether the portions of R.C. 2907.322 and 2907.323 that ban possession of child pornography are unconstitutionally over-broad in light of Ashcroft v.”
State v. Huffman, 847 N.E.2d 58 (Ohio Ct. App. 1st Dist. 2006). · cites it 24× “322(A)(1) {¶ 11} R.C. 2907.322 prohibits the pandering of sexually oriented matter involving minors.”
State v. Magnone, 2016-Ohio-7100. · cites it 11× “323 is preceded by § 2907.322, which proscribes “[p]andering sexually oriented matter involving a minor,” and followed by § 2907.”
State v. Mannarino, 2013-Ohio-1795. · cites it 12× “322(A)(2); 101 counts of pandering sexually-oriented matter involving a minor in violation of R.C. 2907.322(A)(1); 23 counts of illegal use of minor in nudity-oriented material or performance in violation of R.”
State v. Fielding, 2014-Ohio-3105, 15 N.E.3d 912. · cites it 15× “{¶ 49} As pertinent here, R.C. 2907.322(A) provides: No person, with knowledge of the character of the material or performance involved, shall do any of the following: (1) * * * [P]ublish any material that shows a minor participating or engaging in sexual activity, masturbation,…”
Huffman v. BRUNSMAN, 650 F. Supp. 2d 725 (S.D. Ohio 2008). · cites it 50× “7: BECAUSE OF ADVANCED AND WIDELY AVAILABLE COMPUTER TECHNOLOGY, ORC § 2907.322 IS UNCONSTITUTIONALLY VAGUE BECAUSE IT CAN ONLY BE ENFORCED BASED ON THE SUBJECTIVE BELIEF OF POLICE OFFICERS, JUDGES, PROSECUTORS, AND LAWYERS.”
State v. Meadows, 503 N.E.2d 697 (Ohio 1986). · cites it 13× “The children depicted were “minors” within the meaning of R.C. 2907.322, and the magazines were in the private possession and control of the appellee as proscribed by the statute.”
State v. Brady, 894 N.E.2d 671 (Ohio 2008). · cites it 4× “321, and pandering sexually oriented material involving a minor in violation of R.C. 2907.322. {¶ 25} R.C. 2907.321(A), prohibiting pandering obscenity involving a minor, provides: *380 {¶ 26} “No person, with knowledge of the character of the material or performance involved,…”
State v. Smith, 2017-Ohio-8680. · cites it 9× “322(A)(5), felonies of the fourth degree. Mr. Smith initially pleaded not guilty.”
State v. Bell, 2024-Ohio-1502. · cites it 12× “Appellant created and published the video knowing that the character of the video included “a minor * * * participating or engaging in sexual activity * * * as prohibited by R.C. 2907.322(1).” Although we recognize appellant acted at the behest of her late husband, we conclude…”
State v. Polus (Slip Opinion), 2016-Ohio-655, 48 N.E.3d 553. · cites it 3× “41(B)(1) merely “requires a sentencing court to impose sentences for misdemeanor violations of R.C. 2907.322 (pandering sexually oriented matter involving a minor), 2921.”
State v. Anderson, 784 N.E.2d 196 (Ohio Ct. App. 8th Dist. 2003). · cites it 6× “Anderson on 38 counts in case No. CR-394293: counts 1 through 18 charged him with pandering sexually oriented matter involving a minor, in violation of R.”
Show all 299 citing cases →
Ohio Rev. Code § 2907.322(1): 1 case
State v. Bell, 2024-Ohio-1502. “Appellant created and published the video knowing that the character of the video included “a minor * * * participating or engaging in sexual activity * * * as prohibited by R.C. 2907.322(1).” Although we recognize appellant acted at the behest of her late husband, we conclude…”
Ohio Rev. Code § 2907.322(A): 15 cases
State v. Brady, 894 N.E.2d 671 (Ohio 2008). “321, and pandering sexually oriented material involving a minor in violation of R.C. 2907.322. {¶ 25} R.C. 2907.321(A), prohibiting pandering obscenity involving a minor, provides: *380 {¶ 26} “No person, with knowledge of the character of the material or performance involved,…”
State v. Bell, 2024-Ohio-1502. “Appellant created and published the video knowing that the character of the video included “a minor * * * participating or engaging in sexual activity * * * as prohibited by R.C. 2907.322(1).” Although we recognize appellant acted at the behest of her late husband, we conclude…”
State v. Huffman, 847 N.E.2d 58 (Ohio Ct. App. 1st Dist. 2006). “322(A)(1) {¶ 11} R.C. 2907.322 prohibits the pandering of sexually oriented matter involving minors.”
State v. Fielding, 2014-Ohio-3105, 15 N.E.3d 912. “{¶ 49} As pertinent here, R.C. 2907.322(A) provides: No person, with knowledge of the character of the material or performance involved, shall do any of the following: (1) * * * [P]ublish any material that shows a minor participating or engaging in sexual activity, masturbation,…”
State v. Sanders, 2021-Ohio-2431.
Ohio Rev. Code § 2907.322(A)(1): 159 cases
State v. Huffman, 847 N.E.2d 58 (Ohio Ct. App. 1st Dist. 2006). “322(A)(1) {¶ 11} R.C. 2907.322 prohibits the pandering of sexually oriented matter involving minors.”
State v. Magnone, 2016-Ohio-7100. “323 is preceded by § 2907.322, which proscribes “[p]andering sexually oriented matter involving a minor,” and followed by § 2907.”
State v. Mannarino, 2013-Ohio-1795. “322(A)(2); 101 counts of pandering sexually-oriented matter involving a minor in violation of R.C. 2907.322(A)(1); 23 counts of illegal use of minor in nudity-oriented material or performance in violation of R.”
Huffman v. BRUNSMAN, 650 F. Supp. 2d 725 (S.D. Ohio 2008). “7: BECAUSE OF ADVANCED AND WIDELY AVAILABLE COMPUTER TECHNOLOGY, ORC § 2907.322 IS UNCONSTITUTIONALLY VAGUE BECAUSE IT CAN ONLY BE ENFORCED BASED ON THE SUBJECTIVE BELIEF OF POLICE OFFICERS, JUDGES, PROSECUTORS, AND LAWYERS.”
State v. Fielding, 2014-Ohio-3105, 15 N.E.3d 912. “{¶ 49} As pertinent here, R.C. 2907.322(A) provides: No person, with knowledge of the character of the material or performance involved, shall do any of the following: (1) * * * [P]ublish any material that shows a minor participating or engaging in sexual activity, masturbation,…”
Ohio Rev. Code § 2907.322(A)(1)(C): 3 cases
State v. Dennison, 2022-Ohio-1961.
State v. Stout, 2014-Ohio-1094.
State v. Jacobson, 2025-Ohio-2849.
Ohio Rev. Code § 2907.322(A)(2): 34 cases
State v. Mannarino, 2013-Ohio-1795. “322(A)(2); 101 counts of pandering sexually-oriented matter involving a minor in violation of R.C. 2907.322(A)(1); 23 counts of illegal use of minor in nudity-oriented material or performance in violation of R.”
State v. Smith, 2017-Ohio-8680. “322(A)(5), felonies of the fourth degree. Mr. Smith initially pleaded not guilty.”
State v. Duhamel, 2015-Ohio-3145.
State v. Balbi, 2015-Ohio-4075.
State v. Fraley, 2022-Ohio-3270.
Ohio Rev. Code § 2907.322(A)(3): 2 cases
State v. Green, 2018-Ohio-2729.
State v. Brown, 2024-Ohio-2372.
Ohio Rev. Code § 2907.322(A)(5): 111 cases
State v. Meadows, 503 N.E.2d 697 (Ohio 1986). “The children depicted were “minors” within the meaning of R.C. 2907.322, and the magazines were in the private possession and control of the appellee as proscribed by the statute.”
State v. Tooley, 872 N.E.2d 894 (Ohio 2007). “*367 {¶ 1} We accepted the state of Ohio’s discretionary appeal 1 and consolidated it with a certified conflict 2 to determine whether the portions of R.C. 2907.322 and 2907.323 that ban possession of child pornography are unconstitutionally over-broad in light of Ashcroft v.”
State v. Fielding, 2014-Ohio-3105, 15 N.E.3d 912. “{¶ 49} As pertinent here, R.C. 2907.322(A) provides: No person, with knowledge of the character of the material or performance involved, shall do any of the following: (1) * * * [P]ublish any material that shows a minor participating or engaging in sexual activity, masturbation,…”
State v. Smith, 2017-Ohio-8680. “322(A)(5), felonies of the fourth degree. Mr. Smith initially pleaded not guilty.”
State v. Collier, 2011-Ohio-2791.
Ohio Rev. Code § 2907.322(A)(5)(C): 1 case
State v. Stout, 2014-Ohio-1094.
Ohio Rev. Code § 2907.322(A)(6): 4 cases
State v. Starcher, 2015-Ohio-5250.
State v. Lee, 2021-Ohio-1158.
State v. Taylor, 2024-Ohio-2107, 244 N.E.3d 712.
State v. Schofield, 2018-Ohio-3617.
Ohio Rev. Code § 2907.322(A)(l): 1 case
State v. Perry, 2021-Ohio-1748.
Ohio Rev. Code § 2907.322(B)(1): 1 case
State v. Tooley, 872 N.E.2d 894 (Ohio 2007). “*367 {¶ 1} We accepted the state of Ohio’s discretionary appeal 1 and consolidated it with a certified conflict 2 to determine whether the portions of R.C. 2907.322 and 2907.323 that ban possession of child pornography are unconstitutionally over-broad in light of Ashcroft v.”
Ohio Rev. Code § 2907.322(B)(3): 8 cases
State v. Tooley, 872 N.E.2d 894 (Ohio 2007). “*367 {¶ 1} We accepted the state of Ohio’s discretionary appeal 1 and consolidated it with a certified conflict 2 to determine whether the portions of R.C. 2907.322 and 2907.323 that ban possession of child pornography are unconstitutionally over-broad in light of Ashcroft v.”
State v. Brady, 894 N.E.2d 671 (Ohio 2008). “321, and pandering sexually oriented material involving a minor in violation of R.C. 2907.322. {¶ 25} R.C. 2907.321(A), prohibiting pandering obscenity involving a minor, provides: *380 {¶ 26} “No person, with knowledge of the character of the material or performance involved,…”
Huffman v. BRUNSMAN, 650 F. Supp. 2d 725 (S.D. Ohio 2008). “7: BECAUSE OF ADVANCED AND WIDELY AVAILABLE COMPUTER TECHNOLOGY, ORC § 2907.322 IS UNCONSTITUTIONALLY VAGUE BECAUSE IT CAN ONLY BE ENFORCED BASED ON THE SUBJECTIVE BELIEF OF POLICE OFFICERS, JUDGES, PROSECUTORS, AND LAWYERS.”
State v. Zeifle, 2007-A-0019 (10-19-2007), 2007 Ohio 5621 (Ohio Ct. App. 11th Dist. 2007).
State v. Hurst, 909 N.E.2d 653 (Ohio Ct. App. 5th Dist. 2009).
Ohio Rev. Code § 2907.322(C): 6 cases
State v. Castagnola, 2013-Ohio-1215.
State v. Smith, 2021-Ohio-4234.
State v. Rice, 2012-Ohio-2174.
State v. Abraham, 2012-Ohio-4248.
State v. Sweeney, 2023-Ohio-3854.
Ohio Rev. Code § 2907.322(b)(3): 1 case
Huffman v. BRUNSMAN, 650 F. Supp. 2d 725 (S.D. Ohio 2008). “7: BECAUSE OF ADVANCED AND WIDELY AVAILABLE COMPUTER TECHNOLOGY, ORC § 2907.322 IS UNCONSTITUTIONALLY VAGUE BECAUSE IT CAN ONLY BE ENFORCED BASED ON THE SUBJECTIVE BELIEF OF POLICE OFFICERS, JUDGES, PROSECUTORS, AND LAWYERS.”
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