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Child Pornography

Child pornography has some of the most serious penalty schedules in the state of Ohio, and for good reason. However, many accused individuals feel the presumption of evidence is forgotten in these types of cases and find it difficult to combat these serious charges that are often based on lies, entrapment, and schemes to lure people to trick websites. Even an accusation of this crime absent criminal charges can ruin your life, career, and reputation.

This is generally because people tend to associate child pornography with buying CDs and VHS tapes in shady adult stores. The reality is that innocent people can be charged with child pornography if they did not know the content was of a minor, or if the content was included in a download. Many people accused of child pornography unknowingly downloaded the content from the internet. However, law enforcement typically does not believe defendants when they tell the police that they did not mean to download the content.

Cincinnati Lawyer for Child Pornography

If you or a loved one have been falsely accused of child pornography, you need to contact an experienced attorney immediately. Do not provide the police with a statement. If you have been contacted by law enforcement, you can be sure that they are convinced that you are at least partially involved with child pornography.

Your best chance to successfully defend yourself against these charges is to work with an experienced criminal defense lawyer who will mount an aggressive defense on your behalf. The Wieczorek Law Firm, LLC defends clients throughout Ohio who have been charged with child pornography and other sex crimes. Contact us 24/7 at (513)-317-5987 for a free case review.

Overview of Child Pornography Laws in Ohio

Child Pornography under Ohio Law

Ohio defines child pornography as any obscene material involving, any sexually oriented matter involving or any material that is harmful to a juvenile. This generally includes digital representations (photos and videos) of juveniles performing any action that is, or could be construed as, sexual.

Strictly speaking, all web content exists on client-side devices. This is because the website’s server serves a special kind of document called an HTML document. This is just a fancy kind of word document that tells the computer to do things like load images or play videos, and how to decorate the page. However, this means that images of a child that are viewed on the web are actually located on the user’s device. Viewing child pornography on the web, even if it is for a moment, is considered possession of child pornography.

State and federal law require anyone who sees child pornography to report it immediately. Failing to do so can and has resulted in criminal charges. Specifically, federal law gives offenders three chances to do so.

Related Charges to Child Pornography

Pandering Obscenity Involving a Minor (Section 2907.321) – This law criminalizes creating, reproducing, selling, or possessing obscene material involving minors. Violations include advertising or promoting such materials. If the material involves a minor, it is charged as a second-degree felony, carrying 2 to 8 years in prison and fines up to $15,000. If the offense involves an impaired person, it is treated as a third-degree felony, punishable by 9 to 36 months in prison and fines up to $10,000.
Pandering Sexually Oriented Matter Involving a Minor (Section 2907.322) – This statute prohibits creating, recording, or distributing material depicting minors engaged in sexual activity, masturbation, or bestiality. Even possession without intent to distribute is a crime. Depending on the specific offense, penalties range from a second-degree felony, with 2 to 8 years in prison and up to $15,000 in fines, to a fourth-degree felony, resulting in 6 to 18 months in prison and fines up to $5,000.
Illegal Use of a Minor in Nudity-Oriented Material or Performance (Section 2907.323) – This law addresses creating or possessing material depicting minors in nudity without a legitimate purpose. Examples include consensual images of minors used outside bona fide educational, artistic, or medical contexts. Offenses are charged as a fifth-degree felony, punishable by 6 to 12 months in prison and fines up to $2,500. Possession with intent to distribute or promote such material elevates the charge to a fourth-degree felony, carrying harsher penalties.
Sexual Exploitation of Children (18 USC § 2251) – This federal law targets those who induce, coerce, or persuade minors to engage in sexually explicit conduct for visual depiction. First-time offenders face a mandatory minimum sentence of 15 years and up to 30 years in prison. Repeat offenders face sentences of 25 to 50 years, with life imprisonment possible for egregious cases.
Activities Related to the Sexual Exploitation of Minors (18 USC § 2252) – This federal statute criminalizes the receipt, possession, distribution, or transportation of child pornography. Using the internet or other means of interstate commerce causes federal jurisdiction to apply. Penalties include 5 to 20 years in prison for first-time offenders, with repeat offenses leading to 15 to 40 years in prison.
Material Containing Child Pornography (18 USC § 2252A) – Federal law prohibits possessing, reproducing, distributing, or transporting material that constitutes or contains child pornography. Possession carries up to 10 years for first-time offenders, increasing to 20 years if prepubescent minors or children under 12 are depicted.
Importation or Production of Child Pornography for U.S. Distribution (18 USC § 2260) – This statute penalizes the production or transmission of child pornography outside the U.S. for importation. Sentences mirror those under 18 USC § 2251, with mandatory minimums of 15 years and life imprisonment possible for repeat offenders.

Ohio’s Sexting Law

While some states have adopted laws around sending explicit material between consenting minors, Ohio has not. “Sexting a minor” involves either distributing salacious (sexual) content to a minor, soliciting (asking) a minor to provide salacious material, or receiving salacious material of a minor. Both adults and minors can be charged with any of the above child pornography laws, even if both parties are the same age and consenting. Under Ohio’s law, it does not matter if the minor consented to the material being shared or if the recipient is also a minor.

The main reason a minor is charged with sexting is because:

The recipients’ parents found out about sexting and convinced law enforcement to prosecute the case
A school was made aware of the sexting and contacts law enforcement

As a note, Ohio does have a provision against revenge porn, or pornography distributed in order to hurt the depicted person. A conviction of revenge pornography is much more likely to result in a sex offender designation.

Penalties for Child Pornography

Under state law, a person found in violation of Ohio’s child pornography could face the following penalties, depending on how the crime is charged:

Second-degree felony – Up to eight years in prison, a maximum fine of $15,000
Third-degree felony – Up to five years in prison, a maximum fine of $10,000
Fourth-degree felony – Up to eighteen months in prison, a maximum fine of $5,000

Additionally, the defendant will likely be required to register as a sex offender. The potential penalties and whether the crime is charged as a second, third, or fourth-degree felony depends on factors such as:

The number of images or pieces of material involved in the case
If a computer or phone was used
The victim’s age
The defendant’s age
Whether the offense involved a pattern of sexual exploitation of a child
Whether you distributed or shared the images
The defendant’s previous criminal record

In addition to state penalties, any child pornography case is also subject to federal statute.

Federal Child Pornography Law

The federal government outlines a separate definition for child pornography as well as penalties under 18 U.S.C. § 2251. The federal government steps in when the crime crosses state lines. This includes accessing the pornography via a computer (because the content was transferred online), sale of child pornography (as disks, paper, or other portable storage medium), or for the sale of sexual services of a child.

Child pornography is defined somewhat loosely by the federal government as:

Any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where— (A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; (B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or (C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

In other words: any depiction of a child, real, drawn or created by computer imagining, is illegal. Most states do not include provisions against computer generated or drawn images of a child – in these cases law enforcement may tap the FBI to prosecute these cases instead.

Federal cases typically divide defendants into two categories:

(1) those who allegedly commit production offenses, in which the
defendant advertises for minors to appear in child pornography photos,
videos, or other materials; and
(2) those who allegedly engage in distribution and collection
offenses, without producing them (“non-production” offenses). This includes purchasing, possessing, or otherwise receiving materials.

18 U.S.C. §2251 – Sexual exploitation of children

While sexual exploitation is often understood as prostitution or other physical exploitation, in the context of child pornography, this exploitation instead refers to convincing or coercing a child, or using that child to produce salacious material.

Any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor in or affecting interstate or foreign commerce, or in any Territory or Possession of the United States, with the intent that such minor engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct, shall be punished as provided under subsection (e), if such person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed, if that visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting
The above also includes parents and guardians. It is not illegal to have a naked baby photo of your child. However, displaying that photo where others may either reproduce the photo or be exposed to the photo, including online, may be considered illegal.
(1) Any person who, in a circumstance described in paragraph (2), employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, any sexually explicit conduct outside of the United States, its territories or possessions, for the purpose of producing any visual depiction of such conduct, shall be punished as provided under subsection (e).

Penalties for Child Pornography under Federal Law

Federal law is much harsher than state law when it comes to child pornography. According to federal statute:

Any individual who violates, or attempts or conspires to violate, this section shall be fined under this title and imprisoned not less than 15 years nor more than 30 years.
If such person has one prior conviction under this chapter, section 1591, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, abusive sexual contact involving a minor or ward, or sex trafficking of children, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 25 years nor more than 50 years
But if such person has 2 or more prior convictions under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to the sexual exploitation of children, such person shall be fined under this title and imprisoned not less than 35 years nor more than life.
Any organization that violates, or attempts or conspires to violate, this section shall be fined under this title. Whoever, in the course of an offense under this section, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for not less than 30 years or for life.

The Prosecution’s Burden of Proof Under Federal Law

The prosecution’s “beyond-a-reasonable-doubt” standard involves the following:

That the defendant knowingly possessed or accessed material containing or depicting visual images of minors engaged in sexually explicit conduct; and
That the aforementioned activity took place within the United States or otherwise satisfies the requirements for the imposition of federal law; and
That the production of the material involved a minor or minors engaged in sexually explicit conduct; and
That the defendant knew of the nature of the content

Defenses to Child Pornography Charges

Unlawful Search and Seizure
Digital evidence in child pornography cases must be obtained lawfully. If law enforcement conducted a search without proper warrants or violated constitutional rights, the defense can move to suppress any evidence obtained.

Entrapment by Law Enforcement
Entrapment occurs when law enforcement induces an individual to commit a crime they otherwise would not have committed. In cases involving sting operations or deceptive tactics, the defense can argue that the defendant was unfairly coerced into illegal activity, potentially leading to a dismissal of charges. This could happen if the defendant was convinced to download child pornography rather than seeking it out.

Lack of Evidence Tying Defendant to Illegal Material
Shared devices, networks, or IP addresses can complicate the prosecution’s case. If multiple individuals have access to the device or network in question, the defense can argue that the state cannot conclusively prove the defendant’s involvement in accessing or storing the material.

Valid Educational, Artistic, or Medical Purpose
Ohio law allows exemptions for materials created or possessed for legitimate educational, artistic, or medical reasons. The defense must provide clear documentation and expert testimony to substantiate this claim, potentially leading to reduced or dismissed charges.

Technological Errors and Cybersecurity Breaches
Instances of hacking, malware, or unauthorized remote access to a device can result in illegal material being downloaded without the owner’s knowledge. The defense will need to use expert testimony to prove that some form of intrusion occurred which placed the pornography on the defendant’s device.

Frequently Asked Questions

What happens if someone accidentally downloads child pornography in Ohio?
If the material was downloaded accidentally, this lack of intent may be a defense. However, proving this requires demonstrating how the material was unintentionally acquired, often through technical evidence.
Can a person be charged for simply viewing child pornography without downloading it?
Yes. Under Ohio Revised Code Section 2907.322(A)(5), knowingly viewing child pornography, even without downloading or storing it, can result in felony charges.
Are minors treated differently if they share explicit images of themselves?
Minors involved in sexting cases may face charges under Section 2907.323, but courts often handle such cases with less severe penalties and emphasize rehabilitation.
What is the punishment for possessing child pornography in Ohio?
Possession of child pornography is typically charged as a fourth-degree felony under Section 2907.321(A)(5). Penalties include 6 to 18 months in prison and fines up to $5,000.
Can someone be placed on the sex offender registry for child pornography charges?
Yes. Convictions for child pornography offenses often require registration as a sex offender, with durations ranging from 15 years (Tier I) to lifetime registration (Tier III).
What is the difference between a second-degree and third-degree felony for child pornography?
A second-degree felony usually involves creating, distributing, or selling obscene materials involving minors. A third-degree felony typically involves possession or other offenses with impaired persons.
Can child pornography charges be reduced during plea negotiations?
In some cases, charges may be reduced through plea negotiations, depending on the facts of the case and the defendant’s criminal history. However, plea agreements require the prosecutor’s approval.
How does Ohio define “obscene material”?
Obscene material is defined in Section 2907.01(F) as material appealing to prurient interest, lacking artistic or educational value, and being patently offensive by community standards.
Will internet search history be used as evidence in court?
Yes. If legally obtained, search history can be introduced as evidence to establish knowledge, intent, or patterns of behavior.
Can someone appeal a conviction for child pornography?
Yes. A conviction can be appealed if there were legal errors during the trial, issues with evidence, or violations of the defendant’s rights.
Can federal charges overlap with state charges?
Yes, defendants can face both federal and state charges for the same conduct, as these jurisdictions often work together in child pornography cases.

Additional Resources

Hamilton County Sheriff’s Office: Investigations & Intelligence – This webpage from the Hamilton County Sheriff’s Office describes its divisions, including the Organized Crime Section and the Regional Electronics and Computer Investigations Unit (RECI), which investigate crimes like child pornography, computer fraud, and other cyber offenses.
ICE: Ohio Man Sentenced for Child Pornography – This article from U.S. Immigration and Customs Enforcement (ICE) discusses the sentencing of an Ohio man for possessing child pornography. It provides details of the case and highlights penalties under federal law.
US DOJ: Citizen’s Guide to Child Pornography Laws – This guide from the Department of Justice (DOJ) explains U.S. federal laws on child pornography. It includes definitions, prohibited activities, penalties, and how federal jurisdiction applies to these offenses.

Hire an Attorney for Child Pornography in Hamilton County, OH

Your best chance to successfully defend yourself against allegations of child pornography is to work with an experienced Cincinnati sex crimes defense lawyer who will mount an aggressive sex crime defense on your behalf. The Wieczorek Law Firm, LLC defends clients throughout Ohio who have been charged with child pornography and other sex crimes. Contact us 24/7 at (513)-317-5987 for a free case review.