In Osborne v. Ohio, 495 U.S. 103 (1990), the Ohio statute with which the defendant was charged provided that it was a crime for a person to "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..." Id. at 106 . The statute listed several exceptions, including material presented for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or other proper purpose. Id. Although the trial court noted that possession of nude photographs of children, without more, is constitutionally protected, it held, based on the statutorily-created exceptions, that the Ohio statute was not unconstitutionally overbroad because it applied only to depictions of nudity involving a lewd exhibition or graphic focus on a minor's genitals. Id. at 107. On appeal, the defense complained that despite its interpretation of the statute, the trial court had failed to instruct the jury that lewd exhibition and scienter were elements of the crime. Id. at 107, 123. The defendant emphasized that a statute that criminalizes the possession of nude photographs of a child, without more, is unconstitutional. Thus, without an instruction explaining that the defendant would only be guilty of a crime if he intentionally possessed lewd nude photographs of a child, the jury possibly convicted him for constitutionally protected activities. Although the Supreme Court held that the defendant had failed to preserve his scienter allegation, it allowed him to argue that the trial court should have instructed the jury on "lewdness." Id. at 123-24. Because the jury was not instructed that lewd exhibition was an element of the offense, the Supreme Court held that it was possible that the jury could have convicted the defendant without finding that the material was lewd. Id. 123-26.