Ohio Rev. Code » Chapter 2907 - Ohio Revised Code | Ohio Laws

Ohio Rev. Code § 2907.323

Illegal use of minor or impaired person in nudity-oriented material or performance

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Effective:
March 22, 2019
Latest Legislation:
Senate Bill 201 - 132nd General Assembly
PDF:
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(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.
Notes of Decisions
Cited in 307 cases (100 in the last 5 years), 1986–2026 · leading case: State v. Martin (Slip Opinion)
Sort: Relevance Newest Treatment
State v. Martin (Slip Opinion) (2016) ohio · cites it 93× “323(A)(1) provides: (A) No person shall do any of the following: (1) Photograph any minor 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 in a state of nudity, unless both of the…”
State v. Young (1988) ohio · cites it 28× “However, when the “proper purposes” exceptions set forth in R.C. 2907.323 (A)(3)(a) and (b) are considered, the scope of the prohibited conduct nar *252 rows significantly.”
State v. Magnone (2016) ohioctapp · cites it 25× “Section 2907.323 is preceded by § 2907.322, which proscribes “[p]andering sexually oriented matter involving a minor,” and followed by § 2907.”
State v. Tooley (2007) ohio · cites it 19× “Mental State Required by R.C. 2907.323 {¶ 36} Tooley argues that applying a recklessness standard to R.”
State v. Cassel (2016) ohioctapp · cites it 11× “Cassel appeals from his conviction and sentencing for one count of the illegal use of a minor in nudity-oriented materials in -2- violation of R.C. 2907.323. Cassel argues that the trial court erred by overruling his motion to dismiss the indictment, his Crim.”
State v. Martin (2014) ohioctapp · cites it 35× “The Young and Osborne cases involved only (A)(3) offenses under R.C. 2907.323. Neither involved a violation of subsection (A)(1).”
State v. Sullivan (2011) ohioctapp · cites it 22× “However, the O’Connor court specifically rejected the notion that the Ohio Supreme Court “judicially engrafted” an element onto R.C. 2907.323, as only the legislature has the power to enact additional elements to the offense.”
State v. Kerrigan (2006) ohioctapp · cites it 15× “The Legal Standard for Illegal Use of a Minor in Nudity-Oriented Material {¶ 11} R.C. 2907.323, under which Kerrigan was charged and convicted, provides: {¶ 12} “(A) No person shall do any of the following: {¶ 13} “(3) Possess or view any material or performance that shows a…”
State v. Gann (2003) ohioctapp · cites it 17× “{¶ a} R.C. 2907.323 provides: {¶ b} "(A) No person shall do any of the following: {¶ c} "* * * {¶ d} "(3) Possess or view any material or performance that shows a minor who is not the person's child or ward in a state of nudity, unless one of the following applies: {¶ e} "(a)…”
State v. Walker (1999) ohioctapp · cites it 20× “22, and one count of illegal use of a minor in nudity-oriented material, a violation of R.C. 2907.323. At his bench trial, the trial court severed, and later dismissed, the endangering charge.”
State v. Graves (2009) ohioctapp · cites it 15× “Appellee was also charged with three counts of illegal use of a minor in nudity-oriented material in violation of R.C. 2907.323, but the trial court dismissed those charges for lack of jurisdiction.”
Dardinger v. Dardinger (In re Dardinger) (2017) ohsb · cites it 6× “R.C. § 2907.323 — illegal use of minor in nudity-oriented material — provides in pertinent part as follows: (A) No person shall .”
Show all 307 citing cases →
— Ohio Rev. Code § 2907.323(3)(a) — 2 cases
Doe v. Boland (In re Boland) (2019) bap6
In re Boland (2019) bap6
— Ohio Rev. Code § 2907.323(A) — 10 cases
State v. Walker (1999) ohioctapp “22, and one count of illegal use of a minor in nudity-oriented material, a violation of R.C. 2907.323. At his bench trial, the trial court severed, and later dismissed, the endangering charge.”
State v. Young (1988) ohio “However, when the “proper purposes” exceptions set forth in R.C. 2907.323 (A)(3)(a) and (b) are considered, the scope of the prohibited conduct nar *252 rows significantly.”
State v. Kerrigan (2006) ohioctapp “The Legal Standard for Illegal Use of a Minor in Nudity-Oriented Material {¶ 11} R.C. 2907.323, under which Kerrigan was charged and convicted, provides: {¶ 12} “(A) No person shall do any of the following: {¶ 13} “(3) Possess or view any material or performance that shows a…”
State v. Aguirre (2012) ohioctapp
State v. Sullivan (2011) ohioctapp “However, the O’Connor court specifically rejected the notion that the Ohio Supreme Court “judicially engrafted” an element onto R.C. 2907.323, as only the legislature has the power to enact additional elements to the offense.”
— Ohio Rev. Code § 2907.323(A)(1) — 149 cases
State v. Martin (Slip Opinion) (2016) ohio “323(A)(1) provides: (A) No person shall do any of the following: (1) Photograph any minor 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 in a state of nudity, unless both of the…”
State v. Martin (2014) ohioctapp “The Young and Osborne cases involved only (A)(3) offenses under R.C. 2907.323. Neither involved a violation of subsection (A)(1).”
State v. Harrison (2009) ohio
State v. Mannarino (2013) ohioctapp
State v. Sullivan (2011) ohioctapp “However, the O’Connor court specifically rejected the notion that the Ohio Supreme Court “judicially engrafted” an element onto R.C. 2907.323, as only the legislature has the power to enact additional elements to the offense.”
— Ohio Rev. Code § 2907.323(A)(1)(a) — 7 cases
State v. Martin (Slip Opinion) (2016) ohio “323(A)(1) provides: (A) No person shall do any of the following: (1) Photograph any minor 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 in a state of nudity, unless both of the…”
State v. Garcia (2022) ohioctapp
State v. Nalls (2023) ohioctapp
State v. Martin (2014) ohioctapp “The Young and Osborne cases involved only (A)(3) offenses under R.C. 2907.323. Neither involved a violation of subsection (A)(1).”
State v. Bussle (2017) ohioctapp
— Ohio Rev. Code § 2907.323(A)(1)(b) — 2 cases
State v. Martin (Slip Opinion) (2016) ohio “323(A)(1) provides: (A) No person shall do any of the following: (1) Photograph any minor 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 in a state of nudity, unless both of the…”
State v. Garcia (2022) ohioctapp
— Ohio Rev. Code § 2907.323(A)(2) — 18 cases
State v. Smith (2015) ohioctapp
State v. Barnhart (2010) ohioctapp
State v. D.S. (2021) ohioctapp
State v. Brewer (2021) ohioctapp
State v. Lauf (2017) ohioctapp
— Ohio Rev. Code § 2907.323(A)(3) — 138 cases
State v. Magnone (2016) ohioctapp “Section 2907.323 is preceded by § 2907.322, which proscribes “[p]andering sexually oriented matter involving a minor,” and followed by § 2907.”
State v. Young (1988) ohio “However, when the “proper purposes” exceptions set forth in R.C. 2907.323 (A)(3)(a) and (b) are considered, the scope of the prohibited conduct nar *252 rows significantly.”
State v. Martin (Slip Opinion) (2016) ohio “323(A)(1) provides: (A) No person shall do any of the following: (1) Photograph any minor 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 in a state of nudity, unless both of the…”
State v. Gann (2003) ohioctapp “{¶ a} R.C. 2907.323 provides: {¶ b} "(A) No person shall do any of the following: {¶ c} "* * * {¶ d} "(3) Possess or view any material or performance that shows a minor who is not the person's child or ward in a state of nudity, unless one of the following applies: {¶ e} "(a)…”
State v. Tooley (2007) ohio “Mental State Required by R.C. 2907.323 {¶ 36} Tooley argues that applying a recklessness standard to R.”
— Ohio Rev. Code § 2907.323(A)(3)(B) — 3 cases
State v. Stout (2014) ohioctapp
State v. Green (2024) ohioctapp
State v. Rapp (2013) ohioctapp
— Ohio Rev. Code § 2907.323(A)(3)(a) — 8 cases
State v. Young (1988) ohio “However, when the “proper purposes” exceptions set forth in R.C. 2907.323 (A)(3)(a) and (b) are considered, the scope of the prohibited conduct nar *252 rows significantly.”
State v. Cassel (2016) ohioctapp “Cassel appeals from his conviction and sentencing for one count of the illegal use of a minor in nudity-oriented materials in -2- violation of R.C. 2907.323. Cassel argues that the trial court erred by overruling his motion to dismiss the indictment, his Crim.”
State v. Kerrigan (2006) ohioctapp “The Legal Standard for Illegal Use of a Minor in Nudity-Oriented Material {¶ 11} R.C. 2907.323, under which Kerrigan was charged and convicted, provides: {¶ 12} “(A) No person shall do any of the following: {¶ 13} “(3) Possess or view any material or performance that shows a…”
State v. Tooley (2007) ohio “Mental State Required by R.C. 2907.323 {¶ 36} Tooley argues that applying a recklessness standard to R.”
State v. Sullivan (2011) ohioctapp “However, the O’Connor court specifically rejected the notion that the Ohio Supreme Court “judicially engrafted” an element onto R.C. 2907.323, as only the legislature has the power to enact additional elements to the offense.”
— Ohio Rev. Code § 2907.323(A)(3)(b) — 1 case
State v. Tooley (2007) ohio “Mental State Required by R.C. 2907.323 {¶ 36} Tooley argues that applying a recklessness standard to R.”
— Ohio Rev. Code § 2907.323(A)(5) — 3 cases
State v. West (2022) ohioctapp
State v. Little (2019) ohioctapp
State v. Roehrenbeck (2026) ohioctapp
— Ohio Rev. Code § 2907.323(A)(l) — 2 cases
State v. Garcia (2019) ohioctapp
State v. Garcia (2020) ohioctapp
— Ohio Rev. Code § 2907.323(B) — 5 cases
State v. Magnone (2016) ohioctapp “Section 2907.323 is preceded by § 2907.322, which proscribes “[p]andering sexually oriented matter involving a minor,” and followed by § 2907.”
State v. Young (1988) ohio “However, when the “proper purposes” exceptions set forth in R.C. 2907.323 (A)(3)(a) and (b) are considered, the scope of the prohibited conduct nar *252 rows significantly.”
State v. Rice (2012) ohioctapp
State v. Abraham (2012) ohioctapp
State v. Finch (2014) ohioctapp
— Ohio Rev. Code § 2907.323(a)(1) — 1 case
Huffman v. BRUNSMAN (2008) ohsd
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