Ohio Defending Pandering Obscenity Of A Minor Charge
Under Ohio law (Ohio Rev Code § 2907.321), pandering obscenity of a minor is a serious sex crime. No person who knows what the material portrays may own, sell, or give it to someone if it involves a minor or impaired person. This conduct includes creating, reproducing, publishing, buying, promoting, or possessing any obscene material or performance that has a minor or impaired person as one of its participants or portrayed observers. It also forbids bringing any obscene material with a minor or impaired person as one of its participants or portrayed observers into Ohio.
An “impaired person” under Ohio’s pandering obscenity of a minor law is a person whose ability to say no or consent is substantially impaired because of a mental or physical condition or old age. The offender knows or reasonably believes the victim is underage or has diminished faculties.
Ohio Pandering Obscenity Of A Minor Lawyer, Cincinnati
If you have been arrested for pandering obscenity of a minor, you can face extremely disturbing consequences, including being labeled a sex offender, the embarrassing public registration requirements, steep fines, and incarceration. Do not suffer alone. Instead, contact an experienced attorney before speaking to an officer about the accusations. During this difficult time, Joslyn Law Firm can be of assistance.
To schedule a free consultation with Joslyn Law Firm, call (513) 399-6289 immediately. Joslyn Law Firm serves the greater Cincinnati area including nearby counties such as Hamilton County, Warren County, Butler County, Brown County, and Clermont County.
- Defending A Pandering Obscenity Of A Minor Charge
- Penalties for Pandering Obscenity
- Statute Of Limitations
- Additional Resources
There are defenses to a pandering obscenity to a minor charge. However, the mistake of age is not a defense to this charge.
Material or Performance Had A Proper Purpose
Ohio law related to pandering obscenity of a minor does not apply to any material or performance that is
- Sold, disseminated, displayed, possessed, controlled, brought, or caused to be brought into Ohio, and
- Presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or another purpose by or to an academic or person pursuing bona fide studies or
- research having a proper interest in the material or performance.
The Participant Or Portrayed Observer Is Not A Minor Or Impaired Person
In a pandering obscenity of a minor case, the jury is allowed to infer that a person in the material or performance involved is a minor or impaired person if the material or performance, through its title, text, visual representation, or otherwise, represents or depicts the person as a child or impaired person. This inference may be overcome by evidence that the person involved in the material or performance is not minor or impaired.
Other defenses are:
- Fourth Amendment violation
A person who violates Ohio’s pandering obscenity law is guilty of a felony of the second degree if the case involves a minor. If the offense involves an impaired person, it is a felony of the third degree. However, if the offense involves a minor or impaired person and the purchase, possession, or control of obscene material, it is a felony of the fourth degree.
The defendant is guilty of a felony of the third degree if jurors previously convicted him of any of the following:
- Pandering obscenity of a minor
- Pandering sexually oriented matter involving an adolescent or impaired person.
- Illegal use of a child or impaired person in nudity-oriented material or performance
The statute of limitations in Ohio to commence or initiate a charge that is a felony offense is six years. After this period, the prosecution may not file charges unless an exception applies. Bear in mind that the underage victim has until eighteen for the statute of limitation clock to begin running. For example, a child victim has until twenty-five to file a criminal charge (eighteen + six-year deadline). Therefore, the defendant may not necessarily evade the charge so easily.
The Ohio Internet Crimes Against Children Task Force (ICAC) – Funded by the Department of Justice, this program is a collaboration of law enforcement authorities throughout Ohio whose mission is to identify, arrest and prosecute individuals who use the internet to lure minors into illicit sexual relationships, or use the internet to produce, distribute or solicit child pornography.
Crime Victims Center – This organization’s website provides a tool for reporting child pornography.
Ohio Pandering Obscenity Of A Minor Attorney
The allegation of a sex-related offense can change the accused person’s life forever. If you have been arrested for pandering obscenity of a minor, speak to a qualified defense lawyer at Joslyn Law Firm for skilled legal representation. We can fight to possibly get your criminal charges reduced or completely dismissed.
To schedule your first consultation with Joslyn Law Firm at (513) 399-6289. Joslyn Law Firm serves clients in Madison County, Pickaway County, Union County, Delaware County, Fairfield County, Franklin County, and Licking County.