OH SB239

Prohibits persons under 19 years old from creating, producing, distributing, transmitting, posting, or possessing sexually explicit digital material (defined as images of minors age 13+ in nudity or sexual activity) when the person is not more than four years older than the minor depicted.

Requires all municipal courts, county courts, juvenile courts, and courts of common pleas to establish sexting educational diversion programs as an alternative to prosecution for first-time violators, covering legal/non-legal consequences, cybersecurity risks, and bullying connections.

Persons entering diversion programs must waive certain procedural rights (speedy trial, preliminary hearing, grand jury timing) and agree to toll statutes of limitations; successful completion results in charge dismissal.

Violation of the prohibition is a first-degree misdemeanor with mandatory sentence of eight hours community service, unless the court determines different sentencing serves justice and public safety.

Provides exemptions for creation or possession of material depicting the person's self or spouse (if not distributed), the person's child, or other children with documented parental consent and bona fide purposes.