R.C. 2907.323 Interpretation

In United States v. McGrattan, (C.A.6, 2007), 504 F.3d 608, the court reviewed the decisions in Young and Osborne and questioned whether R.C. 2907.323 requires both a lewd exhibition and a focus on the genitals of the victim. Before answering the question in the negative, the court analyzed pertinent case law, some of which is mentioned above, and concluded that its review of Ohio state cases indicated that convictions based on lewd exhibitions of nudity, which did not involve an exhibition of the genitals or pubic area of the victims, were upheld as violations of R.C. 2907.323.