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Child Pornography

Chapter 2907 of the Ohio Revised Code is dedicated to sex offenses, but the phrase “child pornography” is not used to describe any of these crimes. People accused of child pornography offenses in the Buckeye State are instead usually charged with any one or number of other crimes involving minors.

Ohio Revised Code § 2907.01 establishes that when considered as a whole, and judged with reference to ordinary adults or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to that group, any material or performance is considered "obscene" if any of the following apply:

  • Its dominant appeal is to prurient interest;
  • Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement, or nudity in a way that tends to represent human beings as mere objects of sexual appetite;
  • Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty, or brutality;
  • Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way that inspires disgust or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral, or artistic purpose; or
  • It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty, or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose.

Most child pornography offenses do not apply to “any material or performance that is sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this state, or presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge, or other person having a proper interest in the material or performance.”

Attorney for Child Pornography Arrests in Dayton, OH

If you were arrested in the Miami Valley area for any kind of alleged criminal offense involving child pornography, it will be in your best interest to exercise your right to remain silent until you have legal representation. Joslyn Law Firm aggressively defends clients accused of sexual offenses in Dayton and many surrounding areas of Greene County, Clark County, Miami County, and Montgomery County.

Dayton criminal defense lawyer Brian Joslyn can fight to help you achieve the most favorable resolution to your case with the fewest possible penalties. Call (937) 356-3969 right now to have our attorney review your case and help you understand all of your legal options during a free initial consultation.


Ohio Child Pornography Information Center


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Montgomery County Child Pornography Charges

Alleged child pornography crimes in Ohio usually result in people being charged with one or more of the three following offenses:

Pandering Obscenity Involving a Minor (Ohio Revised Code § 2907.321)

A person commits a fourth-degree felony if he or she, with knowledge of the character of the material or performance involved, buys, procures, possesses, or controls any obscene material that has a minor as one of its participants. If the alleged offender has been previously convicted of pandering obscenity involving a minor, pandering sexually oriented matter involving a minor, or illegal use of minor in nudity-oriented material or performance, a subsequent offense is a third-degree felony.

Pandering obscenity involving a minor is a second-degree felony if the alleged offender, with knowledge of the character of the material or performance involved, does any of the following:

  • Creates, reproduces, or publishes any obscene material that has a minor as one of its participants or portrayed observers;
  • Promotes or advertises for sale or dissemination; sells, delivers, disseminates, displays, exhibits, presents, rents, or provides; or offers or agrees to sell, deliver, disseminate, display, exhibit, present, rent, or provide, any obscene material that has a minor as one of its participants or portrayed observers;
  • Creates, directs, or produces an obscene performance that has a minor as one of its participants;
  • Advertises or promotes for presentation, present, or participate in presenting an obscene performance that has a minor as one of its participants; or
  • Brings or causes to be brought into this state any obscene material that has a minor as one of its participants or portrayed observers.

Pandering Sexually Oriented Matter Involving a Minor (Ohio Revised Code § 2907.322)

An individual commits a fourth-degree felony if he or she, with knowledge of the character of the material or performance involved, knowingly solicits, receives, purchases, exchanges, possesses, or controls any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality. If an alleged offender has been previously convicted of pandering sexually oriented matter involving a minor, pandering obscenity involving a minor, or illegal use of minor in nudity-oriented material or performance, a subsequent offense is a third-degree felony.

Pandering sexually oriented matter involving a minor is a second-degree felony if an alleged offender, with knowledge of the character of the material or performance involved, does any of the following:

  • Creates, records, photographs, films, develops, reproduces, or publishes any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;
  • Advertises for sale or dissemination, sells, distributes, transports, disseminates, exhibits, or displays any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;
  • Creates, directs, or produces a performance that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;
  • Advertises for presentation, presents, or participates in presenting a performance that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;
  • Brings or causes to be brought into this state any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality, or brings, causes to be brought, or finances the bringing of any minor into or across this state with the intent that the minor engage in sexual activity, masturbation, or bestiality in a performance or for the purpose of producing material containing a visual representation depicting the minor engaged in sexual activity, masturbation, or bestiality.

Illegal use of minor in nudity-oriented material or performance (Ohio Revised Code § 2907.323)

A person commits a fifth-degree felony if he or she possesses or views any material or performance that shows a minor who is not the person's child or ward in a state of nudity, unless one of the following applies:

  • The material or performance is sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this state, or presented for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance; or
  • The alleged offender knows that the parents, guardian, or custodian has consented in writing to the photographing or use of the minor in a state of nudity and to the manner in which the material or performance is used or transferred.

If the alleged offender has been previously convicted of illegal use of minor in nudity-oriented material or performance, pandering obscenity involving a minor, or pandering sexually oriented matter involving a minor, a subsequent offense is a fourth-degree felony.

Illegal use of minor in nudity-oriented material or performance is a second-degree felony if an alleged offender does either of the following:

  • Photographs any minor who is not the person's child or ward in a state of nudity, or create, direct, produce, or transfer any material or performance that shows the minor in a state of nudity, unless both of the following apply: The material or performance is, or is to be, sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this state, or presented for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance; and the minor's parents, guardian, or custodian consents in writing to the photographing of the minor, to the use of the minor in the material or performance, or to the transfer of the material and to the specific manner in which the material or performance is to be used; or
  • Consents to the photographing of the alleged offender’s minor child or ward, or photographs the alleged offender’s minor child or ward, in a state of nudity or consent to the use of the alleged offender’s minor child or ward in a state of nudity in any material or performance, or use or transfer a material or performance of that nature, unless the material or performance is sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this state, or presented for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance.

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Dayton Child Pornography Penalties

Convictions for pandering obscenity involving a minor, pandering sexually oriented matter involving a minor, or illegal use of minor in nudity-oriented material or performance can result in people being classified as Tier II sex offenders under state law in Ohio. Tier II sex offenders are required to register with their county sheriff every 180 days (six months) for 25 years.

Alleged offenders convicted of one of these crimes could also receive one of the following sentences, depending on the classification of their alleged crimes:

  • Fifth-Degree Felony — Up to 12 months in prison and/or fine of up to $2,500;
  • Fourth-Degree Felony — Up to 18 months in prison and/or fine of up to $5,000;
  • Third-Degree Felony — Up to 60 months in prison and/or fine of up to $10,000; or
  • Second-Degree Felony — Up to eight years in prison and/or fine of up to $15,000.

Illegal use of minor in nudity-oriented material or performance violations that were committed in furtherance of human trafficking under Ohio Revised Code § 2941.1422 can result in definite prison terms of a minimum of three years as well as orders to pay restitution.


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Ohio Child Pornography Crimes Resources

Human Trafficking | Montgomery County Sheriff — Human trafficking is defined as organized criminal activity in which human beings are treated as possessions to be controlled and exploited, and child pornography is one form of commercial exploitation of child victims. The Montgomery County Sheriff's Office operates this Human Trafficking Hotline that allows people to report possible human trafficking violations. The website also contains links to national resources.

Montgomery County Sheriff
345 W. Second St.
Dayton, OH 45422
(937) 384-2462

Ohio Internet Crimes Against Children Task Force — The Ohio Internet Crimes Against Children Task Force (ICAC) is a federal anti-crime initiative funded by the United States Department of Justice’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) that identifies itself as “a collaboration of city, county, state and federal law enforcement authorities across Ohio” with the mission to identify, arrest and prosecute individuals who use the internet to lure minors into illicit sexual relationships or use the internet to produce, distribute, or solicit child pornography. Visit this website to find information about recent prosecutions, outreach programs, and local and national news. You can also download PDF versions of safety tips flyers for adults and children.


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Joslyn Law Firm | Dayton Child Pornography Defense Lawyer

Were you recently arrested for any kind of alleged child pornography crime in the greater Montgomery County area? Do not say anything to authorities without legal counsel. Joslyn Law Firm will fight to protect your rights.

Brian Joslyn is an award-winning criminal defense attorney in Dayton who represents individuals in numerous communities in and around Montgomery County, including Beavercreek, Dayton, Fairborn, Huber Heights, Kettering, Piqua, Springfield, Troy, and many others. He can provide a complete evaluation of your case as soon as you call (937) 356-3969 or fill out an online contact form to receive a free, confidential consultation.


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