Ohio law makes it illegal to show material to minors that is not necessarily obscene but is considered “harmful” under legal definitions. This means materials with literary or artistic value for adults may still result in criminal charges if shown to minors. This law generally refers to showing a minor pornography, but can also include allowing children access to “harmful” content.
Cincinnati Criminal Defense Attorney for Displaying Matter Harmful to Juveniles Charges
Many of the reasons behind charges relating to displaying matter harmful to juveniles include an ignorance of the law, broad interpretation by law enforcement or plain falsehood. If you or someone you know has been charged with providing children access to harmful materials, contact The Wieczorek Law Firm, LLC today.
Led by a former prosecuting attorney with over 16 years of experience, Mark Wieczorek helps clients understand the charges they face and fights to receive a dismissal or reduction in charges for sex offenses.
The Wieczorek Law Firm, LLC serves Hamilton County, including the major Cincinnati metropolitan area. Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.
Overview of Displaying Matter Harmful to Juveniles in Ohio
- Displaying Matter Harmful to Juveniles under Ohio Law
- Examples of Displaying Material Harmful to Juveniles
- Common Defenses to Displaying Material Harmful to Juveniles
- Frequently Asked Questions
- Additional Resources
- Hire an Attorney for Displaying Matter Harmful to Juveniles in Hamilton County, OH
Displaying Matter Harmful to Juveniles under Ohio Law
Ohio splits Section 2907.31 into two categories: private and commercial. Private displaying of materials is covered under 2907.31 and the display of material in a commercial establishment is covered under 2907.311.
Ohio Revised Code Section 2907.31: Disseminating Matter Harmful to Juveniles – Under Ohio Revised Code Section 2907.31, it is illegal for an individual to recklessly sell, deliver, furnish, or present material deemed harmful to juveniles. This includes permitting minors to view or review such material. “Harmful to juveniles” encompasses content appealing to minors’ prurient interests, offensive to prevailing adult community standards for minors, and lacking significant literary, artistic, political, or scientific value for minors.
Ohio Revised Code Section 2907.311: Displaying Harmful Materials in Commercial Establishments
Ohio Revised Code Section 2907.311 governs the display of harmful materials in commercial establishments. Business owners or managers who knowingly display harmful content where it is visible to minors violate this statute. However, the law provides compliance methods, such as placing materials behind blinder racks or counters, to mitigate exposure.
Examples of Displaying Material Harmful to Juveniles
Ohio Revised Code Sections 2907.31 and 2907.311 define the classification of offenses based on the nature of the material and how it is shared or displayed. Examples vary depending on the degree of the charge:
- First-Degree Misdemeanor: A store displays magazines with explicit adult content where minors can see them, even if they are not directly sold or handed to a minor.
- Fifth-Degree Felony: Sending obscene images or videos via text to a minor, knowing the recipient is under 18.
- Fourth-Degree Felony: An individual intentionally shows explicit video content to a child under 13, either in person or through electronic means.
Penalties
Ohio law splits its penalty schedule based on whether the infraction occurred under 2907.31 or 2907.311. Generally, penalties depend on the material’s classification and the juvenile’s age.
- First-Degree Misdemeanor – Disseminating material that is harmful but not obscene is typically a first-degree misdemeanor, punishable by up to six months in jail and fines.
- Fifth-Degree Felony – If the material is classified as obscene, the charge becomes a fifth-degree felony, carrying up to one year in prison. When a victim under the age of 13 is involved, the offense escalates to a fourth-degree felony, with penalties including up to 18 months of imprisonment. Electronic dissemination, such as sending harmful material via text or email, also falls under this statute if the recipient is known or reasonably believed to be a minor.
Under 2907.311, violations are classified as first-degree misdemeanors, with penalties including up to six months in jail and daily fines for ongoing noncompliance. Each day the violation continues constitutes a separate offense. In addition, serial violators may lose their business license.
Common Defenses to Displaying Material Harmful to Juveniles
Lack of Knowledge of Material’s Character
A strong defense involves proving the defendant did not know the material’s harmful or obscene nature. This is especially relevant in cases involving electronic content, where the sheer volume of material may make specific knowledge improbable.
Misrepresentation of Age by the Juvenile
If the juvenile presented false documentation, such as a fake ID indicating they were 18 or older, this defense can be used. However, it does not apply to cases involving obscene material or victims under 13.
Proper Purpose Exception
Ohio law provides an affirmative defense if the material was presented for educational, scientific, or governmental purposes by professionals such as teachers or librarians. This defense requires evidence of the defendant’s intent and the context in which the material was shared.
Shielding Material from View
Under Section 2907.311, businesses can defend against charges by demonstrating compliance with the law’s display restrictions, such as using blinder racks or wrapping materials to prevent visibility to minors.
Lack of Recklessness
Prosecutors must prove that the defendant acted recklessly, meaning they consciously disregarded a known risk that minors might access the material. If the defendant took reasonable precautions to prevent exposure, this element of the offense may not be met. For internet-related charges, courts have ruled that merely providing access to online content does not constitute dissemination. Defendants can argue that they did not direct minors to specific material.
Frequently Asked Questions
- What does “harmful to juveniles” mean under Ohio law?
It refers to material or performances that appeal to the prurient interest of minors, are offensive to adult community standards for minors, and lack serious literary, artistic, political, or scientific value for juveniles. - Can I be charged if I didn’t know the recipient was under 18?
Yes, but a defense may be available if the minor presented false identification, unless the material is obscene. - Are internet communications covered under these laws?
Yes, Ohio Revised Code Section 2907.31(D) specifically includes electronic transmission of harmful material as a potential violation. - What penalties apply if the juvenile involved is under 13?
If obscene material is involved and the juvenile is under 13, the offense is classified as a fourth-degree felony, carrying harsher penalties. - Can a library or school be held responsible for harmful material?
Generally, no, as long as the material is presented for a bona fide educational purpose. Ohio law provides specific protections for such institutions. - Does covering material with a blinder rack protect a business?
Yes, under Ohio Revised Code Section 2907.311(B), this is an acceptable way to comply with the law and avoid penalties. - Are there federal laws that overlap with Ohio laws?
Yes, federal statutes like 18 U.S.C. § 1466A and the Communications Decency Act may also apply, particularly in cases involving electronic distribution. - Can probation or diversion programs apply to my case?
This depends on the severity of the charge and the specific circumstances. Felony charges may have stricter limitations on alternative sentencing.
Additional Resources
- Ohio Revised Code Section 2907.31 – Disseminating Matter Harmful to Juveniles – This section of Ohio law explains the criminal offense of disseminating matter harmful to juveniles. It defines key terms like “recklessly” and outlines prohibited activities such as selling, delivering, or presenting harmful materials to minors. It also lists potential defenses, penalties, and specific provisions for electronic dissemination.
- Ohio Library Council (OLC) Legal Perspective – The Internet, Libraries & Matter Harmful to Juveniles – This resource by the Ohio Library Council discusses how Ohio’s laws on harmful material apply to libraries offering internet access. It covers potential legal risks, defenses available to libraries, and relevant federal laws like the Communications Decency Act. It provides guidance for libraries navigating these issues.
- Ohio Capital Journal – Bill to Defund Libraries Over Materials Deemed Harmful – This article reports on an Ohio legislative proposal to defund public libraries that fail to remove or conceal materials considered harmful to juveniles. It explains the scope of the bill, its implications for libraries, and the controversy surrounding its introduction, including its impact on library funding and operations.
- Department of Justice – Citizen’s Guide to U.S. Federal Law on Obscenity – This guide outlines U.S. federal laws on obscenity, including definitions, penalties, and applications for materials involving minors. It explains federal statutes like 18 U.S.C. § 1460 and the three-pronged Miller test for determining obscenity. It also highlights the legal consequences for offenses involving minors.
Hire an Attorney for Displaying Matter Harmful to Juveniles in Hamilton County, OH
If you have been charged with disseminating, displaying or otherwise providing obscene or harmful materials to a juvenile, you need to contact an experienced attorney immediately. Not only will you face criminal penalties, but you may also face challenges to your guardianship over your children.
The Wieczorek Law Firm, LLC serves Hamilton County, including the major Cincinnati metropolitan area. Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.