Prohibit artificial depiction of a minor for obscene purposes

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 786

2025-2026

Representatives Klopfenstein,
Williams

Cosponsors: Representatives John,
Bird, Stewart, Newman, Hall, T., Fischer, Fowler Arthur, Click

To
amend sections 2907.321, 2907.322, and 2907.323 of the Revised Code

to
prohibit use of an artificially generated depiction of a minor for
obscene purposes.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 2907.321, 2907.322, and 2907.323 of the Revised Code be
amended to read as follows:

Sec.
2907.321.
(A)
No person, with knowledge of the character of the material or
performance involved, shall do any of the following:

(1)
Create, reproduce, or publish any obscene material that has a minor
,
an artificially generated depiction of a minor,

or impaired person as one of its participants or portrayed observers;

(2)
Promote or advertise for sale or dissemination; sell, deliver,
disseminate, display, exhibit, present, rent, or provide; or offer or
agree to sell, deliver, disseminate, display, exhibit, present, rent,
or provide, any obscene material that has a minor
,
an artificially generated depiction of a minor,

or impaired person as one of its participants or portrayed observers;

(3)
Create, direct, or produce an obscene performance that has a minor
,
an artificially generated depiction of a minor,

or impaired person as one of its participants;

(4)
Advertise or promote for presentation, present, or participate in
presenting an obscene performance that has a minor
,
an artificially generated depiction of a minor,

or impaired person as one of its participants;

(5)
Buy, procure, possess, or control any obscene material, that has a
minor
,
an artificially generated depiction of a minor,

or impaired person as one of its participants;

(6)
Bring or cause to be brought into this state any obscene material
that has a minor
,
an artificially generated depiction of a minor,

or impaired person as one of its participants or portrayed observers.

(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
,
an artificially generated depiction of 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
,
an artificially generated depiction of a minor,

or impaired person.

(C)
Whoever violates this section is guilty of pandering obscenity
involving a minor
,
an artificially generated depiction of a minor,

or impaired person. If the offense involves a minor

or an artificially generated depiction of a minor
,
a violation of division (A)(1), (2), (3), (4), or (6) 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), or (6) of this
section is a felony of the third degree. A 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 2907.322 or 2907.323 of the
Revised Code, pandering obscenity involving a minor
,
an artificially generated depiction of a minor,

or impaired person in violation of division (A)(5) of this section is
a felony of the third degree.

(D)
As used in this section and sections 2907.322 and 2907.323 of the
Revised Code
,
"impaired
:

(1)
"Artificially generated depiction" means a visual depiction
of an actual person that was created or edited by artificial
intelligence or other computer-generated means and that a reasonable
person would believe depicts or represents an actual person who is
identifiable by the person's face, likeness, or other distinguishing
characteristic.

(2)
"Impaired
person"
means a person whose ability to resist or consent is substantially
impaired because of a mental or physical condition or because of
advanced age, and the offender knows or has reasonable cause to
believe that the other person's ability to resist or consent is
substantially impaired because of a mental or physical condition or
because of advanced age.

Sec.
2907.322.
(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
,
an artificially generated depiction of 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
,
an artificially generated depiction of 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
,
an artificially generated depiction of 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
,
an artificially generated depiction of 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
,
an artificially generated depiction of 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
,
an artificially generated depiction of 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
,
an artificially generated depiction of a 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
,
an artificially generated depiction of a 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
,
an artificially generated depiction of 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
,
an artificially generated depiction of a minor,

or impaired person.

(C)
Whoever violates this section is guilty of pandering sexually
oriented matter involving a minor
,
an artificially generated depiction of a minor,

or impaired person. If the offense involves a minor

or an artificially generated depiction of 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
,
an artificially generated depiction of a minor,

or impaired person in violation of division (A)(5) of this section is
a felony of the third degree.

Sec.
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
,
an artificially generated depiction of 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
,
the artificially generated depiction 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
,
an artificially generated depiction of the 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
,
an artificially generated depiction of 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
,
an artificially generated depiction 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
,
an artificially generated depiction of a minor,

or impaired person in a nudity-oriented material or performance. If
the offense involves a minor

or an artificially generated depiction of 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
,
an artificially generated depiction 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

or an artificially generated depiction of 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.

Section
2.
That
existing sections 2907.321, 2907.322, and 2907.323 of the Revised
Code are hereby repealed.