Pandering obscenity to minors refers to the creation, distribution, or promotion of obscene material directed at minors. This includes images, videos, or publications that depict sexually explicit content considered harmful to children.
While some accusations stem from deliberate criminal conduct, others may arise from misunderstandings or unintentional actions. For instance, an individual sharing content without fully understanding its nature or someone mistakenly linked to obscene material through digital platforms could face charges. False accusations may also occur in contentious personal disputes.
A conviction for pandering obscenity to minors is typically classified as a second-degree felony.
Cincinnati Lawyer for Pandering Obscenity to a Minor Charges in Ohio
Being convicted of pandering obscenity to a minor in Ohio can lead to prison sentences of up to 8 years and fines reaching as high as $15,000, as well as mandatory sex offender registration.
If you are charged with pandering obscenity to a minor, seek legal representation from a criminal defense attorney who can protect your rights and develop a strong defense. Do not speak to law enforcement without your attorney present to ensure your case is managed properly from the outset.
The Wieczorek Law Firm, LLC, led by Mark Wieczorek—a former Ohio prosecuting attorney with over 16 years of experience in criminal defense, including sex-related offenses—serves clients throughout Hamilton County and the greater Cincinnati area.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or fill out our online contact form.
Overview of Pandering Obscenity to a Minor
- Pandering Obscenity Laws under Ohio Law
- Jury Considerations
- Examples
- Common Defenses
- Frequently Asked Questions
- Additional Resources
- Hire a Lawyer for Pandering Obscenity to a Minor Charges in Hamilton County, OH
Pandering Obscenity Laws under Ohio Law
Pandering Obscenity
Under Ohio Revised Code Section 2907.32, pandering obscenity occurs when an individual knowingly creates, reproduces, publishes, or promotes obscene material for public dissemination or commercial purposes. This also includes recklessly possessing or controlling obscene material for these purposes. Penalties for this offense are typically classified as a fifth-degree felony, punishable by 6 to 12 months in prison and fines up to $2,500. Repeat offenders may face fourth-degree felony charges, with penalties increasing to 6 to 18 months in prison and fines up to $5,000.
Pandering Obscenity Involving a Minor
Section 2907.321 addresses creating, possessing, or distributing obscene material involving a minor or impaired person. The severity of charges ranges from second-degree felonies—applicable for creating or distributing such material—to third-degree felonies for possession with intent to distribute. Second-degree felonies carry penalties of 2 to 8 years in prison and fines up to $15,000, while third-degree felonies involve 9 to 36 months in prison and fines up to $10,000. The law explicitly prohibits the use of “mistake of age” as a defense.
Pandering Sexually Oriented Matter Involving a Minor
Under Section 2907.322, this offense involves creating, producing, or possessing material depicting minors or impaired persons engaging in explicit acts such as sexual activity, masturbation, or bestiality. The penalties include second-degree felonies for creating or distributing material, resulting in 2 to 8 years of imprisonment and fines up to $15,000. Simple possession without intent to distribute is generally a fourth-degree felony, punishable by 6 to 18 months in prison and fines up to $5,000.
Illegal Use of Minor or Impaired Person in Nudity-Oriented Material
Ohio Revised Code Section 2907.323 prohibits photographing or depicting a minor or impaired person in a state of nudity without lawful exceptions. Penalties range from second-degree felonies for creating or distributing such material, leading to 2 to 8 years of imprisonment and fines up to $15,000, to fifth-degree felonies for simple possession, punishable by 6 to 12 months in prison and fines up to $2,500.
Jury Considerations
A jury evaluating a charge of pandering obscenity to a minor under Ohio law will likely consider several key terms:
- “Obscene Material”: Defined broadly to include materials that appeal to prurient interest, depict sexual conduct in a patently offensive way, and lack serious artistic, literary, or scientific value.
- “Minor”: Any person under the age of 18.
- “Impaired Person”: Someone whose ability to consent or resist is substantially impaired due to mental or physical conditions or advanced age.
- “Knowledge”: The defendant’s awareness of the material’s content and character, including whether it involves a minor or impaired person.
- “Recklessness”: Acting with disregard for whether the material involves a minor or impaired person.
The prosecution must prove these elements beyond a reasonable doubt. Evidence such as computer records, photographs, or testimony about the defendant’s intent and awareness can play a significant role.
Examples
Examples of pandering obscenity to a minor under Ohio law vary by the degree of the offense, as outlined in Sections 2907.321, 2907.322, and 2907.323.
- Second-Degree Felony: Creating or distributing explicit digital images or videos involving minors. For example, an individual produces a video showing explicit conduct involving a minor and uploads it to an online platform for others to view.
- Third-Degree Felony: Soliciting or possessing obscene material involving minors with the intent to distribute. An example would be someone knowingly acquiring explicit images of minors and arranging to share them with others.
- Fourth-Degree Felony: Simple possession of obscene material involving a minor without evidence of distribution. For instance, someone downloads explicit images of minors onto their personal computer for private use.
Common Defenses
Lack of Knowledge of Minor’s Involvement
Defendants may argue that they were unaware the material involved a minor. This defense applies if the material was mislabeled or if there was a reasonable belief that it depicted adults. Establishing this defense requires a thorough examination of how the material was acquired and the context surrounding its possession.
Challenging Obscenity
The defense can contest whether the material meets the legal definition of “obscene.” Experts in art, education, or social sciences may testify that the material has legitimate value, helping to argue that it does not satisfy the criteria for obscenity under Ohio law.
Affirmative Defense for Proper Purpose
Under Section 2907.321(B), defendants may claim that the material was used for bona fide medical, scientific, or educational purposes. For instance, a researcher conducting a legitimate study involving controversial materials may invoke this defense, provided there is documented evidence supporting their claim.
Frequently Asked Questions
- Can someone be charged for merely possessing obscene material involving a minor?
Yes, possession alone can result in charges, with penalties varying based on intent and prior convictions. - What if the defendant didn’t know the person was a minor?
Mistake of age is not a defense under Ohio Revised Code Sections 2907.321 and 2907.322. The prosecution only needs to prove that the defendant knew or should have known the material involved a minor. - What happens if the content was downloaded accidentally?
Unintentional possession may be argued as a defense, but the circumstances must demonstrate that the defendant did not knowingly or recklessly possess the material. - Can a person avoid being listed as a sex offender for these charges?
Most convictions under these statutes require mandatory sex offender registration. Avoiding this outcome requires either dismissal or acquittal. - Is it possible to negotiate lesser charges in these cases?
In some situations, plea agreements may reduce charges, but this depends on the evidence, the prosecutor, and legal strategy. - What is the role of digital evidence in these cases?
Digital evidence, such as files, emails, and browsing history, is often central to the prosecution’s case. Ensuring that such evidence was legally obtained is critical.
Additional Resources
Ohio Revised Code Section 2907.32 – Pandering Obscenity – This section of the Ohio Revised Code defines the offense of pandering obscenity. It explains prohibited activities, including creating, distributing, or possessing obscene materials. It also outlines the penalties for these offenses, varying by degree of the violation. Readers can learn about specific defenses and exceptions for proper purposes, such as educational or scientific use.
Ohio Revised Code Section 2907.34 – Compelling Acceptance of Objectionable Materials – This law makes it illegal to force or pressure someone into accepting obscene or objectionable materials. It includes prohibiting penalties or threats for refusal to accept such materials. Penalties for violating this law are specified, with the classification as a felony. The law also clarifies protections for individuals and businesses against coercion related to objectionable materials.
Ohio Revised Code Section 2907.35 – Presumptions in Obscenity Cases – This section provides guidelines on presumptions in obscenity cases. It includes criteria for determining whether someone possesses or distributes obscene materials knowingly. It also outlines scenarios where specific presumptions apply, such as the quantity of materials possessed. The law clarifies conditions where exemptions are made, such as for employees acting within the scope of their work.
Ohio Criminal Resources Manual – Expungement of Pandering Offenses – This manual provides information about expungement of criminal records in Ohio, including pandering offenses. It explains eligibility criteria for record sealing, the application process, and situations where records may still be accessible.
Hire a Lawyer for Pandering Obscenity to a Minor Charges in Hamilton County, OH
If you or someone you know is facing accusations or charges of pandering obscenity to a minor in Cincinnati, seek legal representation without delay. Speaking to law enforcement without a lawyer can significantly increase the risk of wrongful conviction. To protect your rights and ensure a fair process, consult with an experienced criminal defense attorney immediately.
The Wieczorek Law Firm represents clients throughout Hamilton County and the greater Cincinnati metropolitan area.
Contact Mark Wieczorek at (513) 317-5987 for a free consultation or fill out our contact form today.