Disseminating Matter Harmful to Juveniles Lawyer in Cincinnati
Joslyn Law Firm is recognized by its peers, both locally and nationally, for its excellence in handling defense cases. It is continuously awarded as the Top Criminal Defense Lawyers across Ohio, and it has claimed the gold for 2020's Client's Champion alongside a handful of other awards. Joslyn Law Firm has successfully fought more than 15,000 defense cases for Ohioans and has a stronghold on justice. We dedicate ourselves to building the best defense possible for our clients.
Disseminating matter harmful to juveniles may entail heavy penalties. A sex crimes lawyer at Joslyn Law Firm can protect your rights throughout the process. Our clients come first, and we will do everything within the law to devise the most vigorous defense for you.
Let Joslyn Law Firm Build Your Defense
When it comes to our clients, the Joslyn Law Firm has a compassionate approach to the needs of each defense. Our team works hard to meticulously investigate all sides to ensure that we present the appropriate information to establish the best disseminating harmful material to a juvenile defense. If you or someone you know is facing any criminal charges in Cincinnati, let us work to help you through the process of building your defense.
These charges can be debilitating to your record if not managed correctly and with care. Navigating your case is what our attorneys do best, and we do it on your behalf with the drive and compassion to succeed. We are here to help you build the most effective defense against the charges that you are facing.
Contact Joslyn Law Firm today at (614) 444-1900 for a free consultation. Our team is here and available to assist you. We are committed to our client's needs.
Disseminating Harmful Material to Minors Charges Information Center
- Overview of Disseminating Harmful Material to Minors Charges
- Definition of Disseminating Harmful Material to Minors
- Ohio Penalties for Disseminating Harmful Material to Minors
- How Joslyn Law Firm Can Build Your Defense
- Resources for Disseminating Harmful Material to Minors Charges
- Disseminating Harmful Material to Minors News in Ohio
- FAQs on Disseminating Harmful Material to Minors in Ohio
- Disseminating Harmful Matter to Minors Lawyer
Overview of Disseminating Harmful Material to Minors Charges
Disseminating harmful material to a minor falls under Ohio Revised Code § 2907.31. The age of the minor and the type of material involved determines the charges that the defendant will face.
The different types of "harmful material" that fall under this code include:
- Text messages
- Social media messaging
Charges can range from a misdemeanor to a fourth-degree felony. When building a defense to these charges, it is best to work with a defense attorney who can investigate the material and the claims with more detail. It is critical to pay attention to the details so that you do not face more stringent charges than necessary.
Any type of sexual misconduct charges involving a minor creates more tension and judgment. We want to make sure your rights are protected, no matter the charges. Facing these accusations alone is not advised. There is more to a strong defense than just proving the prosecution wrong.
Definition of Disseminating Harmful Material to Minors
According to the Ohio Revised Code § 2907.01, harmful material in this context is material that represents "nudity, sexual conduct, sexual excitement, or sado-masochistic abuse." This material may not be obscene to adults but classifies as harmful to minors in the wrong environment. Obscene, harmful material "displays . . . sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty, or brutality. . . [and] lacks serious literary, artistic, political, and scientific value for juveniles."
Disseminating is defined as the sharing, giving, emailing, or presentation of this material. It is illegal to present, offer to deliver, or let a minor view any type of obscene material, and doing so may entail a felony charge. Depending on the circumstances, disseminating harmful material may have lower charges but is still unlawful.
Ohio Penalties for Disseminating Harmful Material to Minors
There are a few ways to approach these types of charges, depending on the factors of the case. These factors will also gauge which penalties you will face. A defendant should note that if they did not know the minor was under age 18, the only way to present this in court is to provide documentation that shows the minor gave false proof of age to the defendant, such as a license, birth certificate, or any other type of identification that misled the defendant to think the minor was of age. Otherwise, a defendant cannot use the defense of not knowing a victim's age.
Other affirmative defenses that may be used in court if the material is harmful but not obscene are:
- The parents or guardians of the minor were present and consented to the material being presented.
- The material was "presented for a bona fide medical, scientific, educational, governmental, judicial, or other proper purpose," by a professional.
- If a person sent the material via a mass distribution method via the internet or other outlet and the person distributing it did not have or could not have been provided with the information to know those receiving the material was a juvenile.
However, if a defendant is found guilty of the accused charges, the following penalties may apply based on the circumstances:
- The dissemination of harmful material to a minor is a first-degree misdemeanor. This comes with a maximum of six months in jail and up to $1,000 in fines.
- The dissemination of obscene material to a minor is a fifth-degree felony. This comes with a minimum of six months in prison or a maximum of one year and a possible fine of up to $2,500.
- The dissemination is obscene material to a minor under 13 years old is a fourth-degree felony. This comes with a minimum of six months in prison or a maximum of 18 months and a possible fine of up to $5,000.
EARN IT Act
The Eliminating Abusive and Rampant Neglect of Interactive Technologies Act (EARN IT Act) requires companies like Google, Facebook, and Microsoft to turn in child sexual abuse materials (CSAM) they find when they scan information that is sent across their servers. However, there is a backlash to the EARN It Act, as opponents say these data acquiring methods may infringe on people's Fourth Amendment rights.
A few repeals have changed the document to correct wording, so the evidence found is less likely to be dismissed. The information gathered on these servers is sent to the National Center for Missing and Exploited Children (NCMEC) to be compared to their database of documents to try and trace and identify the sexual exploitation of minors.
How Joslyn Law Firm Can Build Your Defense
Working to defend yourself in any sexual misconduct case is trying. There is no way around the adverse effects it could have on your daily life. Being charged with these crimes can create distance from family and friends, and prevent you from voting, owning a firearm, or acquiring work in specific capacities.
The Joslyn Law Firm wants to make sure that you are aware of your rights and that those rights are protected, no matter which penalties you face. We can build on the prosecution's weaknesses and formulate a plan to help you reach the best outcome possible on your behalf.
With new legislation being introduced to help combat child sex trafficking and baiting, it can be hard to keep up. However, Joslyn Law Firm always maintains a fresh view of the laws so that we can always protect our clients and build strong defenses throughout any trial process.
Contact us today so that we can start building your defense. The consultation is free, so you have nothing to lose.
Resources for Disseminating Harmful Material to Minors Charges
University of Cincinnati Corrections Institute - This program is for individuals who may require intervention and assistance. It teaches those involved how to avoid sexual-offending behaviors and helps with the development of coping skills.
Sex Offenders One-Stop Resource - This website offers registered offenders opportunities to find housing and provides information concerning reintegration after being accused of a sex crime. It features resources for Ohio and other states.
Cap4kids.com Service for Offenders - This website offers a list of advocate sites to help those suffering from the repercussions of a sex offense charge get the help they need. It also helps sex offenders reintegrate back into society.
Disseminating Harmful Material to Minors News in Ohio
September 17, 2020 - A 40-year-old man was charged with "disseminating matter harmful to juveniles, importuning, unlawful sexual conduct with a minor, possessing criminal tools and pandering sexually-oriented material involving a minor.” Police arrested him after he sent inappropriate texts containing nude photos to an undercover police officer who he thought was a 14-year-old girl.
August 29, 2020- An Ohio Internet Crimes Against Children Task Force conducted a four-day sting operation, which resulted in the arrest of 27 men between the ages of 21 and 61 years old. The New Castle man was charged with "attempted Unlawful Sexual Conduct with a Minor, Disseminating Matter Harmful to Juveniles, Importuning, and Possessing Criminal Tools."
March 14, 2020 - The Alliance Review reported that a wave of information leading the police to arrest child pornography sex offenders is putting a strain on Ohio Law enforcement. Over the last year, multiple arrests have been made, including numerous previous offenders, a child psychologist, and a former police chief. A majority of information was disseminated to law officials by companies whose servers collect suspicious child sexual abuse materials (CSAM).
FAQs on Disseminating Harmful Material to Minors in Ohio
What does “disseminating harmful material” to minors mean?
It means that a person has unlawfully offered, sold, displayed, or given pornographic or obscene material, such as books, videos, messages, photos, etc., to someone under age 18.
If I am charged with disseminating harmful material to minors, will I have to register as a sex offender?
Yes. If you are found guilty of disseminating harmful material to minors, you will have to register as a sex offender. Any individual charged with sexual misconduct of any kind involving a minor and found guilty will have to register as a sex offender.
What happens if the offender of disseminating matter harmful to a juvenile is also a minor?
This depends on the circumstances of the case. These types of cases are typically a misdemeanor, but there is a lot at stake when minors are involved on either side. These situations are best left to discuss with a professional defense lawyer in person. Joslyn Law Firm offers free consultations.
Will I go to prison if I am found guilty of disseminating harmful material to minors in Ohio?
There are multiple penalties for these charges depending on the elements of your case. If the material is not obscene, and this is your first charge, you might be charged with only a misdemeanor. However, if you are a repeat offender or the material is obscene, and the minor is under age 13, you could face a maximum of 18 months in prison and possibly have to pay a $5,000 fine.
What is the difference between harmful material and obscene material?
Harmful material is any sexually explicit material that does not classify as obscene to an adult, such as nudity or certain sexual activity. Obscene material is mainly focused on sexual arousal with no scientific or educational purpose and contains explicit sexual activities.
What happens if I did not know the material was being given to a minor?
Ohio Revised Code § 2907.31(D)(2)(a)(b) protects those who disseminate these types of materials via the internet or other business-related sales. It states that a defense can use an affirmative defense against a disseminating matter harmful to a juvenile charge if the seller or distributor "has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile," or "The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information."
Disseminating Harmful Matter to Minors Lawyer
Disseminating matter harmful to juveniles is a very serious allegation for a defendant to face alone. They can shatter one's future as well as bring harsh penalties to the defendant. Hiring a professional defense attorney is a responsible step in making sure that you are protected. It could mean the difference between a prison sentence and the dismissal of a case.
Contact Joslyn Law Firm today at (614) 444-1900 for a free consultation. We work hard to defend our clients from these types of sex crime charges while also helping to reduce the collateral damage that may follow. We have the drive and compassion to assist you in building a strong defense against any criminal charges you may be facing while supporting you through these challenging times.