Cincinnati Pandering Obscenity of a Minor Defense Lawyers
Ohio defines pandering obscenity of a minor as occurring 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.
If you have been charged with pandering obscenity of a minor, Joslyn Law Firm can help you. Our firm is well-established in the southern Ohio region and has over 20 years’ experience in handling all types of sex offenses. We have managed over 20,000 criminal defense cases in total, and our lead attorney Brian Joslyn was ranked as a Top Lawyer in Central Ohio in 2015 by Columbus CEO Magazine.
As daunting as these charges may feel, know that you are in good hands with Brian Joslyn and the rest of the team at Joslyn Law Firm.
Cincinnati Pandering Obscenity of a Minor Defense Lawyers
In Ohio, pandering obscenity of a minor is a sex offense, and the state does not look kindly on those convicted of this offense—they face harsh penalties, hefty fines, possible prison time, and the consequences of being a felon in modern society. Any person who has been charged with pandering obscenity of a minor should consider the benefits of hiring an attorney at Joslyn Law Firm.
We are passionate about criminal defense in the Cincinnati area. We understand all types of situations, and we commit to doing all we can to get our clients the best possible result. 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 Joslyn Law Firm today at (513) 399-6289 for a free consultation.
Information Center for Pandering Obscenity of a Minor in Cincinnati, Ohio
- Pandering Obscenity of a Minor Charges in Cincinnati
- Penalties for Pandering Obscenity of a Minor in Ohio
- Defenses Against Pandering Obscenity of a Minor in Cincinnati
- Additional Resources for Pandering Obscenity of a Minor in Ohio
- News About Pandering Obscenity of a Minor in Ohio
- Frequently Asked Questions About Pandering Obscenity of a Minor Charges in Hamilton County
- Cincinnati Pandering Obscenity of a Minor Defense Lawyers
The Ohio Revised Code § 2907.32 states that a person must complete certain actions to be found guilty of pandering obscenity of a minor. The prosecution must prove beyond a reasonable doubt that the alleged offender did any of the following:
- Created, published, or reproduced any obscene material that had a minor as a participant or portrayed observer
- Promoted, displayed, or advertised for sale any obscene material involving a minor
- Created, directed, or produced an obscene performance that involved a minor
- Advertised or promoted for presentation, display, or participated in presenting an obscene performance that had a minor as one of its participants
- Bought, procured, possessed, or controlled any obscene material involving a minor
- Brought or caused 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 violence, 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 an 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
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 apply 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 carries harsh penalties, including:
- A possible fine of up to $5,000
- A potential prison term of up to 12 months
Repeat offenders who buy, possess, or control 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 of up to $10,000
- A potential prison term of up to 18 months
All other types of pandering obscenity of a minor are classified as a felony of the second degree. A second-degree felony generates severe repercussions, such as a possible fine of up to $15,000 and a maximum prison sentence of up to 8 years in prison.
The following conditions represent the requirements for this offense to be 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
- Advertises or promotes for presentation, or participates in presenting, an obscene performance that involves a minor
- Brings or causes to be brought into the state any obscene material that involves a minor
Take note that lack of awareness of the age of the alleged victim does not constitute an admissible defense in court. This includes if the defendant was deceived by the alleged victim into thinking they were older than their actual age.
A Cincinnati criminal defense lawyer from our firm can raise any of several defenses against a pandering obscenity of a minor charge:
The Material in Question Is Not Obscene
There is a marked difference between material that is merely suggestive and that which is obscene. The prosecution must show material that meets the characteristic terms of obscenity as defined in Ohio Revised Code § 2907.01(F).
The Statute of Limitations Has Passed
The State of Ohio requires that cases of pandering obscenity of a minor be charged within a specified period of time following the alleged incident. If the prosecution fails to charge a person suspected of this defense within this window, they may file charges, and the case will be dismissed.
The Material Had a Legitimate Use
Ohio’s laws about pandering obscenity of a minor require that the allegedly obscene material was not intended to arouse sexual excitement—rather, it served another legitimate purpose. Examples of legitimate uses of such material include scientific study and medical research.
There may be other types of defenses than those listed here available in your case.
Chapter 2907.321 of the Ohio Revised Code contains Ohio's laws and legislation on pandering obscenity of a minor. This chapter details actions that allow a person to be charged with pandering obscenity and what is considered a viable defense under Ohio law.
This document, prepared by the University of Akron, details obscenity law in Ohio. Read more on the history of obscenity laws, how they have changed over time, and which notable cases changed sex crime offenses in Ohio's legislation.
This 1966 U.S. Supreme Court case established a three-element test for determining the obscenity of a work.
The Attorney General of Massachusetts brought the suit with the effort of having a certain book declared obscene. Although the trial judge and Massachusetts Supreme Judicial Court found the book “Fanny Hill” to be obscene, the Supreme Court ruled that three elements must be present for a work to be declared obscene. The elements include:
- A dominant theme that caters to a “prurient interest in sex”
- Offensive in terms of “contemporary community standards”
- Completely lacking in any redeeming social value
The book was shown to provide an element of social value, resulting in the reversal of the lower court’s decision.
In this landmark 1969 Supreme Court case, the Supreme Court reversed a previous conviction for private possession of obscene materials.
In the original case, police searched defendant Robert Eli Stanley’s home as they investigated, with a legal search warrant, the suspect’s bookmaking activities. The search yielded a film that police viewed at the defendant’s home and found to be obscene, in violation of Georgia law. The man was arrested and convicted for possession of obscene material.
The Supreme Court reversed the conviction, holding that “the mere private possession of obscene matter cannot constitutionally be made a crime.”
Ohio Criminal Sentencing Commission Ad Hoc Committee on Sex Offender Registration Report & Recommendations
This report discusses whether Ohio’s tiered, offense-based sex offender registration process effectively protects the public and cuts down on offender recidivism. The paper’s authors explore whether the state’s transition to a risk-based system would better build safe communities, protect residents, facilitate punishment of the offender, and promote criminal justice outcomes.
The authors review strategies for modifying sex offender management practices, including revising legislation to enable judges to decide when low-level sex offenders would be required to register, to deregister first-time offenders after a specified time period, and to adopt “proven practices associated with problem-solving courts.”
February 24, 2021
“University of Cincinnati Program Director Accused of Sending Child Pornography to Undercover Officers Online”
John “Ned” Donnelly’s online activities had been monitored for a while by the Regional Electronics and Computer Investigations Unit task force when he sent obscene pictures of young girls to undercover officers, reported WCPO 9 Cincinnati. Donnelly, an academic program director at the University of Cincinnati College of Medicine, also said he had uploaded and downloaded child pornography.
Police arrested Donnelly and charged him with two felony counts of pandering obscenity involving a minor. The man was held on a $10,000 bond. The university placed him on administrative leave.
November 19, 2020
A 36-year-old Brookville man, Matthew Daniel Seery, faced 21 counts of pandering obscenity involving a minor and 28 counts of illegal use of a minor in nudity-oriented material or performance, wrote Butler County’s Journal-News.
October 16, 2020
FOX19 Now Cincinnati reported that Christopher Muldrow was indicted on multiple charges of pandering obscenity of a minor after his arrest on October 7, 2021. Specifically, the man was indicted on two Level-2 felony counts of pandering sexually oriented matter involving a minor and 13 Level-4 felony counts of pandering sexually oriented matter involving a minor.
The Regional Electronics and Computer Investigations Unit received information regarding Muldrow’s internet activity from a national task force. An investigation showed that the defendant enticed, groomed, and solicited teen girls nationwide to participate in the making of sexually explicit material. Among the evidence against Muldrow are photos and a video of young children engaged in sexual activity.
August 10, 2020
Zhongping Sun, a 53-year-old man from Mason, Ohio, was charged with 18 counts of pandering obscenity involving a minor, as well as five counts of unlawful sexual conduct with a minor, reported FOX19 Cincinnati.
Sun’s arrest followed a comprehensive investigation involving both the Regional Electronics and Computer Investigations Unit and the Cincinnati Police Department’s VICE Unit. The joint effort revealed that Sun possessed multiple images and videos of child pornography and that he had solicited prostitution with minors on more than one occasion. Investigators were able to show mobile phone records documenting Sun’s $300 payment for sex.
May 13, 2020
David Hurt, from Cheviot, took secret recordings of an 11-year-old girl as she undressed in her bedroom, according to an article on FOX19 Cincinnati. The first recording was made on March 18, 2020. A second recording was made on May 4.
According to an affidavit, Hurt set his phone up in the girl’s bedroom. On the date of the final recording, the girl noticed the phone and took it to her mother, who watched the video and called law enforcement. Police arrested Hurt, who confessed to recording the videos. He faces multiple charges, such as pandering obscenity involving a minor and voyeurism.
Q. Could I Go to Jail for Pandering Obscenity of a Minor in Cincinnati?
A. Yes, you could face time behind bars if you are convicted of pandering obscenity with a minor. The duration of your sentence depends on the level of charges in your case.
For buying, procuring, possessing, or controlling obscene material involving a minor, you could serve up to 12 months. Repeat offenders face up to 18 months, and if your case is charged as a felony of the second degree, you could face up to 8 years.
Q. Are There Any Fines Associated with Pandering Obscenity of a Minor in Hamilton County?
A. Yes, convicted offenders of pandering obscenity with a minor in Hamilton County could pay fines, including up to $5,000 for a fourth-degree felony, up to $10,000 for a third-degree felony (repeat offenders), and up to $15,000 for a second-degree felony.
Q. What Is Pandering Obscenity of a Minor in Ohio?
A. The State of Ohio defines pandering obscenity of a minor in Ohio Revised Code § 2907.32. Within the scope of the law, a person is guilty of this offense if they:
- Reproduced, published, or created obscene material containing a minor as a participant or observer
- Advertised, displayed, or promoted the sale of obscene material that involved a minor
- Produced, directed, or created an obscene performance featuring a minor
- Promoted or advertised an obscene performance in which a minor participated
- Possessed, controlled, procured, or bought obscene material that involved a minor with the intent to promote or advertise it later
Q: In Cincinnati, Is Pandering Obscenity of a Minor a Felony?
A. Cincinnati adheres to Ohio statutes, and they do specify that pandering obscenity of a minor shall be charged as a felony. The level of a felony can range from fourth degree to second degree, depending on factors such as whether the case involves a repeat offender, as well as other circumstances.
Q. How Can I Beat a Pandering Obscenity of a Minor Charge in Ohio?
A. A criminal defense lawyer can raise any of a variety of defenses in a case of pandering obscenity of a minor. The defense depends on the facts of the case.
Examples of possible defenses include arguing that the material in question was not obscene and that the material in question served a valid purpose, such as scientific/medical research or education.
If you or someone you know has been charged with pandering obscenity of a minor in the greater Cincinnati area, it is in your best interest to contact an experienced criminal defense attorney. Until you can consult with one of your lawyers, keep silent with law enforcement.
The attorneys at Joslyn Law Firm specialize in criminal defense in the southern Ohio region. We approach each case with vigor and a passion for preserving our client's rights. Our lawyers are dedicated to each and every client. We want to help you navigate through these choppy legal waters.
Take the first step in your defense today. Call us at (513) 399-6289 for a free consultation.