State v. Sanders

Citations

• 2023 Ohio 1565

Syllabus

Disseminating matter harmful to juveniles obscene material gross sexual imposition endangering children video of oral sex sufficiency of evidence weight of evidence merger plain error. A video shown to a seven-year-old of his mother engaged in a sex act is sufficient evidence of obscenity to support a disseminating matter harmful to juveniles conviction. The disseminating matter harmful to juveniles conviction was not against the manifest weight of the evidence when the trial testimony described a video displaying oral sex. The actual video was not a prerequisite for the conviction. The trial court committed plain error by not merging the convictions. There was only one act — the showing of a video — and therefore the disseminating matter harmful to juveniles and endangering convictions should have merged.