Under Ohio law, sexual exploitation of a minor is generally defined as involving a minor in sexual activity for financial gain, producing or possessing child pornography, or coercing or enticing a minor to engage in sexual conduct. This offense can arise from inappropriate online communications, inadvertent possession of illegal material, or direct involvement in trafficking operations.
While some cases stem from clear criminal intent, others may result from misunderstandings, mistaken identity, or malicious accusations. For example, an individual may unknowingly download prohibited material or be falsely implicated due to personal disputes.
The penalties for sexual exploitation of a minor in Ohio are severe, classified as third-degree felonies carrying mandatory prison sentences, substantial fines, and lifetime registration as a sex offender. Convictions can lead to incarceration for decades, depending on the severity and number of offenses.
Cincinnati Lawyer for Sexual Exploitation of a Minor Charges In Ohio
The consequences of being convicted of sexual exploitation of a minor in Ohio can include imprisonment for up to five years and fines of up to $10,000.
If you are charged with sexual exploitation of a minor, seek legal representation from a criminal defense attorney who can protect your rights and build a strong defense. Avoid speaking to law enforcement without your attorney present to strengthen your defense from the start.
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 Sexual Exploitation of a Child in Ohio
- Sexual Exploitation of a Child under Ohio Law
- Key Elements of Sexual Exploitation of a Minor in Ohio
- Examples of Sexual Exploitation of a Minor in Ohio
- Defenses to Sexual Exploitation of a Minor in Ohio
- Frequently Asked Questions About Sexual Exploitation of a Minor in Ohio
- Resources
- Hire a Lawyer for Sexual Exploitation of a Minor in Hamilton County, OH
Sexual Exploitation of a Child under Ohio Law
Ohio Revised Code Section 2907.19 criminalizes the purchase or acquisition of advertising space for an ad promoting sexual activity for hire that includes a depiction of a minor. The statute’s goal is to combat the exploitation of minors in commercial settings.
Violating this law is classified as a third-degree felony. Penalties include a prison sentence ranging from 9 to 36 months and a fine of up to $10,000. Additionally, convicted individuals are required to register as sex offenders, facing long-term restrictions on housing, employment, and community engagement.
Key Elements of Sexual Exploitation of a Minor in Ohio
To determine guilt under Ohio Revised Code Section 2907.19, a jury would likely consider the following key elements:
- Knowledge: Whether the defendant knowingly purchased or obtained advertising space for an advertisement involving a depiction of a minor.
- Depiction of a Minor: Whether the advertisement included visual material depicting a person under 18 years of age.
- Intent and Purpose: Whether the advertisement implicitly or explicitly offered sexual activity for hire.
Examples of Sexual Exploitation of a Minor in Ohio
Under Ohio Revised Code Section 2907.19, examples of sexual exploitation of a minor often revolve around advertising for sexual activity for hire that includes depictions of minors. Specific examples may include:
- Purchasing Online Ad Space: An individual pays for an online advertisement offering sexual services where the image of a minor is used, even if the ad does not explicitly state the minor’s age.
- Print Media Advertisements: A business or individual obtains space in magazines or brochures that promote illegal services and include depictions of minors.
- Facilitating Transactions for Others: Assisting a third party in purchasing or securing ad space that involves the depiction of minors in sexualized contexts.
Defenses to Sexual Exploitation of a Minor in Ohio
Bona Fide Effort to Verify Age
While mistake of age is generally not a defense, a defendant may argue that they made a bona fide effort to verify the depicted individual’s age. This involves requiring and retaining documentation such as a birth certificate, driver’s license, or other government-issued identification. Courts may consider this an affirmative defense if proper records are presented.
Lack of Knowledge or Intent
While Ohio law does not permit ignorance of a minor’s age as a defense, lack of intent to purchase or use advertising space involving minors may be a viable argument. For instance, if the accused can demonstrate they were unaware of the ad’s content or were not involved in the transaction, it may weaken the prosecution’s case.
Mistaken Identity or Misattribution
In cases involving online advertisements, the accused may argue mistaken identity, showing that someone else used their credentials or devices to post or purchase the advertisement. This defense requires robust digital evidence.
Questioning the Depiction’s Content
The defense may dispute whether the material in question qualifies as a depiction of a minor under Ohio law. For instance, ambiguous or altered images might not meet the statute’s definition.
Frequently Asked Questions About Sexual Exploitation of a Minor in Ohio
- Can an individual be charged if they were unaware of the minor’s age?
Yes, under Ohio Revised Code Section 2907.19, ignorance of the minor’s age or reliance on their misrepresentation is not a defense. - What is the definition of “depiction” in the law?
A depiction refers to photographs, films, videotapes, visual material, or printed materials that include a minor. - What penalties could result from a conviction?
A conviction under this law is classified as a third-degree felony, carrying penalties of 9 to 36 months in prison, up to $10,000 in fines, and mandatory sex offender registration. - Is probation a possible alternative to jail time?
Probation is generally limited for serious crimes involving minors, but eligibility depends on the specific circumstances and the court’s discretion. - Can an effort to verify the person’s age be a defense?
A documented good-faith effort, including retaining valid identification records, may serve as an affirmative defense. - Is it possible to fight the charge if the individual did not create the advertisement?
Yes, a defense can be mounted by arguing that the individual did not knowingly purchase or facilitate the advertisement, provided there is strong evidence supporting the claim. - How long does a convicted person need to register as a sex offender?
The duration of registration depends on the offender’s classification, which is determined during sentencing. - Can the charges be dismissed or reduced?
The possibility of dismissal or reduction depends on the strength of the prosecution’s evidence and the effectiveness of the defense.
Resources
Ohio Revised Code Section 2907.19 – Commercial Sexual Exploitation of a Minor – This source provides the official text of Ohio Revised Code Section 2907.19, which addresses the commercial sexual exploitation of minors. It outlines the definitions, prohibited acts, penalties, and defenses under this law. Users can learn the legal framework governing such cases in Ohio.
Ohio Crime Victim Justice Center – Justice Journal – This source offers resources and information from the Ohio Crime Victim Justice Center, including a monthly newsletter called the Justice Journal. It provides updates on victims’ rights, legal tools, and advocacy resources. Users can access materials to better understand crime victims’ rights in Ohio.
Ohio Department of Education & Workforce – Child Sexual Abuse, Dating Violence, and Sexual Violence Prevention – This source outlines the Ohio Department of Education’s prevention education efforts related to child sexual abuse, dating violence, and sexual violence. It details legislative requirements for schools, instructional resources, and guidelines for compliance. Users can learn about educational requirements in Ohio for preventing sexual exploitation.
Court of Domestic Relations, Hamilton County – Appear for Court – This source provides information about the Hamilton County Court of Domestic Relations, focusing on court procedures, domestic violence protection orders, and family law resources. Users can find details on appearing in court, filing forms, and accessing local judicial services related to family disputes and protection orders.
Hire a Lawyer for Sexual Exploitation of a Minor in Hamilton County, OH
If you or someone you know is facing accusations or charges of sexual exploitation of 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.