Ohio's Child Pornography Laws Are Constitutional

In an opinion issued today in State v. Tooley, 2007-Ohio-3698, the Ohio Supreme Court held that Ohio's child pornography laws are constitutional. Specifically, the Court held that ORC 2907.322 and ORC 2907.323 are not unconstitutionally overbroad. However, the Court also held that in order to convict someone under the law, the prosecution must prove beyond a reasonable doubt that an actual child was depicted in pornographic material. This clarification makes clear that virtual images of children that do not depict actual children are not grounds for a conviction.