Pandering Obscenity of a Minor

In Ohio, pandering obscenity of a minor is a sex offense with incredibly heavy consequences. Pandering obscenity of a minor is when a person creates, reproduces, buys, sells, advertises for sale, publicly distributes or displays any obscene material of a juvenile. Obscene material, under Ohio law, refers to sexual deviancy, actions, and simulations.

Pandering obscenity of a minor can result in a felony charge. A felony charge can bring large overwhelming fines, and even possible prison time. If you have been charged with pandering obscenity of a minor, it is important that you stay silent with law enforcement and seek legal representation as soon as possible.

Cincinnati Attorney for Pandering Obscenity of a Minor in Ohio

Ohio is not kind to those convicted of pandering obscenity of a minor. Those who are convicted face harsh penalties and the label of being a felon in modern society. Any person, who has been charged with pandering obscenity of a minor, should contact an attorney at Joslyn Law Firm.

The attorneys at Joslyn Law Firm are passionate about criminal defense in the Cincinnati area. We understand all types of situations, and want to do all we can to get you the best possible result. Joslyn Law Firm is well-established in the southern Ohio region, with over 20 years of experience in handling all types of sex offenses. Our attorneys are reputable among the legal community. Attorney Brian Joslyn was ranked as one of the 10 best criminal defense lawyers in Ohio by the National Academy of Criminal Defense Attorneys.

Joslyn Law Firm advises clients during sex crimes investigations throughout the Hamilton County area and nearby counties including Georgetown in Brown County, Wilmington in Clinton County, Cincinnati in Hamilton County, and Batavia in Clermont County.

Call us at (513) 399-6289, or submit an online contact form for a free consultation on your case today.

Overview for Pandering Obscenity of a Minor in Cincinnati, Ohio


Definition for Pandering Obscenity Involving a Minor in Cincinnati, Ohio

The Ohio Revised Code § 2907.32 states that a person must complete certain actions to be charged with pandering obscenity of a minor. The prosecution must prove beyond a reasonable doubt that the alleged offender did any of the following:

  • Create, publish, or reproduce any obscene material that has a minor as a participant or portrayed observer;
  • Promote, display or advertise for sale any obscene material involving a minor;
  • Create, direct, or produce an obscene performance that involves a minor;
  • Advertise or promote for presentation, display, or participate in presenting an obscene performance that has a minor as one of its participants;
  • Buy, procure, possess, or control any obscene material involving a minor; or
  • Bring or cause to be brought into the state of Ohio any obscene material involving a minor.

The term "obscene" is defined under Ohio Revised Code § 2907.01(F) as a sexual deviancy performance or material whose purpose is to do any of the following:

  • To entertain to a sexual prurient interest;
  • To arouse lust by depicting sexual activity, excitement, or nudity as sexual objects;
  • To arouse lust by displaying or depicting bestiality or bizarre, extreme, cruelty, or brutality;
  • To appeal to scatological interest by displaying or depicting human bodily functions to inspire disgust or revulsion in persons with ordinary sensibilities;
  • To depict a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty, brutality, and human bodily functions to cumulate a effect of sexual or scatological interest for the purpose of its own sake or commercial exploitation, rather than a scientific, educational, sociological, moral, or artistic purpose.

Ohio Penalties for Pandering Obscenity Involving a Minor in Cincinnati

Anyone convicted of pandering obscenity involving a minor can expect harsh penalties. A pandering obscenity of a minor charge is essentially a child pornography charge, so prison sentences and huge fines are evident in sentencing.

Any person, who buys, procures, possesses, or controls any obscene material involving a minor may face a felony of the fourth degree. A fourth degree felony has harsh penalties including:

  • A possible fine up to $5,000; and
  • Potential prison term up to 12 months in prison.

Repeat offenders who buy, possess, or are in control of sensitive material involving a minor face enhanced penalties. The penalty for repeat offenders is a felony of the third degree. A third degree felony has serious consequences including:

  • A possible fine up to $10,000; and
  • Potential prison term up to 18 months in prison.

All other types of pandering obscenity of a minor are classified as a felony of the second degree. A second degree felony has severe repercussions such as a possible fine up to $15,000, and a maximum prison sentence of up to 8 years in prison. The following are the pandering obscenity of a minor conditions that are charged as a second degree felony:

  • Creating, reproducing, or publishing any obscene material that involves a minor;
  • Promotes, advertises for sale, delivers, sells, displays, or agree to do any of the following of any obscene material that involves a minor;
  • Creates, directs, or produces an obscene performance that involves a minor;
  • Advertise or promote for presentation, or participate in presenting an obscene performance that involves a minor; or
  • Bring or cause to be brought into the state any obscene material that involves a minor.

Take note, that not being aware of the age of the alleged victim is not considered an admissible defense in court. This includes if the defendant was deceived by the alleged victim that he or she was older than their actual age.


Additional Resources

Pandering Obscenity Involving a Minor Statute § 2907.32 – Visit the official website for Ohio's laws and legislation. See Chapter 2907 and read more on pandering obscenity of a minor specifics and definitions. See what entails a person to be charged with pandering obscenity, and what is considered a viable defense under Ohio law.

Obscenity Law in Ohio – Visit a document prepared by the University of Akron, regarding obscenity law in Ohio. Read more on the history of obscenity laws, how they have changed over time, and what notable cases changed sex crime offenses in Ohio's legislation.


Lawyer for Pandering Obscenity of a Minor in Cincinnati, OH

If you or someone you know has been charged with pandering obscenity of a minor in the greater Cincinnati area, is it in your best interest to contact an experienced criminal defense attorney.

Our attorneys at Joslyn Law Firm specialize in criminal defense in the southern Ohio region. We approach each case with renewed vigor and a passion for preserving our client's rights. The attorneys at Joslyn Law Firm are dedicated to each and every client. We want to help you navigate through these choppy legal waters. Keep silent with law enforcement and contact an attorney today at Joslyn Law Firm.

Joslyn Law Firm practices law throughout the greater Hamilton County area and surrounding cities including Cincinnati, Forest Park, Blue Ash, Springfield, and Harrison.

Take the first step in your defense today. Call us at (513) 399-6289, or simply submit an online contact form for a free consultation on your case today.

  


This article was last updated August 21, 2018.