Opinion
NO. 2014-2028
01-28-2015
State v. Martin
MOTION AND PROCEDURAL RULING
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 6 of the court of appeals' entry filed November 6, 2014:
"With respect to R.C. 2907.323(A)(1), which proscribes the creation or production of nudity-oriented material involving a minor, which definition of nudity applies: the statutory definition (R.C. 2907.01(H)), or the narrower definition set forth in State v. Young, 37 Ohio St.3d 249, 525 N.E.2d 1363, which requires additional elements of `lewd depiction' and `graphic focus on the genitals?'"
PFEIFER and O'DONNELL, JJ., dissent.
The conflict case is State v. Graves, 184 Ohio App.3d 39, 2009-Ohio-974, 919 N.E.2d 753.