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Child Pornography

Few crimes carry the immediate stigma of child pornography charges. Alleged offenders in these cases often feel a loss of support from friends, family, and co-workers simply for being accused of these offenses.

Innocent people are frequently accused of child pornography crimes after accidentally downloading criminal material. In some cases, another party may have had access to the alleged offender’s computer or WiFi connection. Evidence in certain cases may have been obtained through illegal searches that violate the constitutional rights of the alleged offenders.

Lawyer for Child Pornography Arrests in Cincinnati, OH

Were you arrested for an alleged child pornography offense in the greater Hamilton County area? Even if you are completely confident in your innocence, you should still refuse to say anything to authorities without legal counsel. Contact Joslyn Law Firm as soon as possible.

Brian Joslyn is an award-winning criminal defense attorney in Cincinnati who represents clients accused of sex crimes in Bridgetown, Delhi, Green, Harrison, Miamitown, Norwood, Springdale, Sycamore, Anderson, and many surrounding areas of southwest Ohio. He can provide a complete evaluation of your case as soon as you call (513) 399-6289 to take advantage of a free, confidential consultation.


Overview of Child Pornography Crimes in Ohio


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Child Pornography Charges in Hamilton County

A person who is accused of a child pornography offense can be charged with any one of a number of crimes under state law in Ohio. The three most common criminal charges in such cases include the following:

Pandering obscenity involving a minor, Ohio Revised Code § 2907.321

It is a fourth-degree felony if an alleged offender, with knowledge of the character of the material or performance involved, buys, procures, possesses, or controls any obscene material that has a minor as one of its participants. If the alleged offender has been previously convicted of this offense or pandering sexually oriented matter involving a minor or illegal use of minor in nudity-oriented material or performance, then any subsequent offense is a third-degree felony.

An alleged offender commits a second-degree felony if, with knowledge of the character of the material or performance involved, he or she does any of the following:

  • Creates, reproduces, or publishes any obscene material that has a minor as one of its participants or portrayed observers;
  • Promotes or advertises for sale or dissemination; sells, delivers, disseminates, displays, exhibits, presents, rents, or provides; or offers or agrees to sell, deliver, disseminate, display, exhibit, present, rent, or provide, any obscene material that has a minor as one of its participants or portrayed observers;
  • Creates, directs, or produces an obscene performance that has a minor as one of its participants;
  • Advertises or promotes for presentation, present, or participate in presenting an obscene performance that has a minor as one of its participants; or
  • Brings or causes to be brought into this state any obscene material that has a minor as one of its participants or portrayed observers.

Pandering sexually oriented matter involving a minor, Ohio Revised Code § 2907.322

It is a fourth-degree felony if an alleged offender, with knowledge of the character of the material or performance involved, knowingly solicits, receives, purchases, exchanges, possesses, or controls any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality. Alleged offenders who have been previously convicted of this offense or pandering obscenity involving a minor or illegal use of minor in nudity-oriented material or performance will be charged with a third-degree felony for any subsequent offense.

Pandering sexually oriented matter involving a minor is a second-degree felony if, with knowledge of the character of the material or performance involved, an alleged offender does any of the following:

  • Creates, records, photographs, films, develops, reproduces, or publishes any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;
  • Advertises for sale or dissemination, sells, distributes, transports, disseminates, exhibits, or displays any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;
  • Creates, directs, or produces a performance that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;
  • Advertises for presentation, presents, or participates in presenting a performance that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;
  • Brings or causes to be brought into this state any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality, or brings, causes to be brought, or finances the bringing of any minor into or across this state with the intent that the minor engage in sexual activity, masturbation, or bestiality in a performance or for the purpose of producing material containing a visual representation depicting the minor engaged in sexual activity, masturbation, or bestiality.

Illegal use of minor in nudity-oriented material or performance, Ohio Revised Code § 2907.323

It is a fifth-degree felony if an alleged offender possesses or views 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:

  • The material or performance is sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this state, or presented for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance; or
  • The alleged offender knows that the parents, guardian, or custodian has consented in writing to the photographing or use of the minor in a state of nudity and to the manner in which the material or performance is used or transferred.

If the alleged offender has been previously convicted of this offense, pandering obscenity involving a minor, or pandering sexually oriented matter involving a minor, a subsequent offense is a fourth-degree felony.

It is also a second-degree felony if an alleged offender does either of the following:

  • Photographs any minor who is not the person's child or ward in a state of nudity, or create, direct, produce, or transfer any material or performance that shows the minor in a state of nudity, unless both of the following apply: The material or performance is, or is to be, sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this state, or presented for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance; and the minor's parents, guardian, or custodian consents in writing to the photographing of the minor, to the use of the minor in the material or performance, or to the transfer of the material and to the specific manner in which the material or performance is to be used; or
  • Consents to the photographing of the alleged offender’s minor child or ward, or photographs the alleged offender’s minor child or ward, in a state of nudity or consent to the use of the alleged offender’s minor child or ward in a state of nudity in any material or performance, or use or transfer a material or performance of that nature, unless the material or performance is sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this state, or presented for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance.

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Child Pornography Penalties in Cincinnati

The sentence an alleged offender receives if convicted of one of the offenses listed above depends on the specific classification of the alleged crime. Maximum sentences in such cases are as follows:

  • Fifth-Degree Felony — Up to 12 months in prison and/or fine of up to $2,500;
  • Fourth-Degree Felony — Up to 18 months in prison and/or fine of up to $5,000;
  • Third-Degree Felony — Up to 60 months in prison and/or fine of up to $10,000;
  • Second-Degree Felony — Up to eight years in prison and/or fine of up to $15,000; or

It is important to note that an illegal use of minor in nudity-oriented material or performance violation that also involves a conviction or guilty plea relating to an offense in furtherance of human trafficking under Ohio Revised Code § 2941.1422 can be sentenced to a definite prison term of not less than three years and ordered to pay restitution.


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Ohio Resources for Child Pornography Offenses

Ohio Internet Crimes Against Children Task Force — The Ohio Internet Crimes Against Children Task Force identifies itself as “an alliance of city, county, state and federal law enforcement authorities dedicated to the apprehension and prosecution of Internet child predators and child pornographers and to the education of parents and children about Internet safety.” On this website, you can find information for parents and for children, including printable tips flyers. You can also read recent news, access prosecutions information, and learn more about outreach programs.

Sexting | A civil liberties briefing from the American Civil Liberties Union (ACLU) of Ohio — The ACLU is a nonpartisan, nonprofit organization with local affiliates in all 50 states and Puerto Rico. View this position sheet the organization published in response to bills proposed to address “sexting”—the taking, sending, receiving or displaying nude images via cell phone, email, blog or other online communication—in the 2010 Ohio General Assembly. As the ACLU notes, sexting can result in two potential felony charges: pandering sexually oriented matter involving a minor and illegal use of minor in nudity oriented material or performance.


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Joslyn Law Firm | Cincinnati Child Pornography Defense Attorney

If you were arrested anywhere in southwest Ohio for any kind of criminal offense allegedly involving child pornography, it is in your best interest to exercise your right to remain silent until you have legal representation. Joslyn Law Firm aggressively defends individuals all over Hamilton County, including Colerain, Forest Park, Miami, Montgomery, Reading, Springfield, Symmes, Blue Ash, and several other nearby communities.

Cincinnati criminal defense lawyer Brian Joslyn will work tirelessly to possibly get your criminal charges reduced or dismissed. Call (513) 399-6289 or submit an online contact form to have our attorney review your case and answer all of your legal questions during a free initial consultation.


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