Pandering Obscenity Of A Minor Charge Defenses
The consequences of pandering obscenity of a minor in Ohio can be severe. Several agencies including , the Internet Crimes Against Children Task Force (ICAC), The National Center for Missing and Exploited Children (NCMEC) , Homeland Security (DHS), and the Federal Bureau of Investigation (FBI) do everything that can to target and combat those believed to be involved in Obscene material. Additionally, the state, along with judges and juries, look harshly at those who commit or are charged with these offenses. You may face firm penalties, large fines, and potential prison time if convicted. In Dayton, pandering obscenity of a minor happens when you create, market, and distribute obscene material involving a minor. Obscene material is material that depicts actions, deviancy, and simulation of a sexual nature. If you have been charged with pandering obscenity of a minor, it is important to hire an experienced defense attorney. The knowledgeable defense attorneys at Joslyn Law Firm have over 20 years of experience in handling sex offenses in Ohio. It is important that your attorney understands the law and your defenses so that your rights and interests are protected. Call Joslyn Law Firm at 937-356-3969 or visit our website for a free, confidential consultation today.
Pandering Obscenity Of A Minor Charges In Dayton
Ohio pandering obscenities law states that you are guilty of pandering obscenity of a minor when you create, market, distribute, or obtain obscene material involving a minor. Obscene material is material depicting sexual content when the only purpose of the content is sexual in nature. To obtain a pandering obscenity of a minor conviction, the prosecution must prove your involvement in the pandering obscenity of a minor at some level—from creating the material to obtaining the content—beyond a reasonable doubt. Depending on your involvement with the content, you will be subject to different penalties under Ohio law.
- Penalties For Pandering Obscenity Of A Minor In Ohio
- Common Defenses To Pandering Obscenity Involving A Minor Charges In Dayton
- Additional Resources For Pandering Obscenity Of A Minor In Dayton
- Frequently Asked Questions About Pandering Obscenity Of A Minor In Dayton
- Hiring A Pandering Obscenity Of A Minor Attorney In Dayton
If you are convicted of pandering obscenity of a minor, you will likely face severe consequences. While different from a child pornography charge, the requirements to prove the charges and the penalties if convicted are still high. All pandering obscenity of a minor charges are felonies. However, depending on your involvement or relationship with the content, you could face severe felony penalties.
Anyone who buys, holds, or controls any obscene material involving a minor may face felony penalties. If convicted of fourth-degree pandering obscenity of a minor, you may face a prison term of up to a year and a fine of up to $5,000.
The requirements for third-degree pandering obscenity of minor are the same as for the fourth-degree charge. However, fourth-degree pandering obscenity involving a minor becomes a third-degree offense if you are a repeat offender. As a repeat offender, you will be subject to harsher penalties than fourth-degree pandering obscenity of a minor. If convicted, repeat offenders face possible prison terms of up to 18 months and fines of up to $10,000.
All other types of pandering apart from buying, obtaining, and holding are considered second-degree offenses. The other types of pandering obscenity of a minor that are considered second-degree felonies include cases where you:
- Generate the obscene content involving a minor;
- Market or participate in marketing the obscene content involving a minor; or
- Introduces the obscene material into the state or jurisdiction.
A second-degree felony generates severe repercussions, such as a possible fine of up to $15,000 and a maximum prison sentence of up to 8 years in prison
In Ohio, there are a few defenses that you can raise to combat charges of pandering obscenity of a minor. If your criminal defense attorney successfully raises one or more of these defenses, your charges may be reduced or dismissed.
Material Is Not Obscene
To establish a pandering obscenity involving a minor charge, the material must be obscene as defined by Ohio Revised Code § 2907.01(F), not simply suggestive. If the material is not obscene, then your defense attorney may argue that the charge should be dismissed because the content does not violate the statute, and the prosecution cannot meet their burden of proof.
Statute Of Limitations
A statute of limitation is the specified amount of time following an alleged incident that a charge can be tried in court. After that time has expired, the charge may no longer be tried. If the prosecution fails to file pandering obscenity of a minor charges within that window of time, they will not be allowed to try them in court.
Obscene content that has no purpose other than sexual excitement will not be considered a legitimate use under Ohio law. However, if the content serves another purpose, such as scientific study or medical research, the content may serve a legitimate use.
Fourth Amendment Violations In Ohio Child Pornography Cases
The Fourth Amendment to the United States Constitution protects people from unreasonable searches and seizures. Generally, law enforcement will require a warrant to lawfully search your home or your belongings for evidence that they require to support their case. These warrants must be supported by probable cause, meaning there must be a reasonable basis for believing that a crime has occurred. If law enforcement enters and takes evidence based on an invalid basis or without a warrant, that evidence might be suppressed. If the evidence is suppressed, the prosecution will not be able to use the evidence in their case against you.
Third-Party Downloading Of Child Pornography In Dayton
In some cases where your internet connection is unsecured or your password is weak (easily guessed), a third party may be able to use your internet connection to download child pornography. When this happens, you could be an innocent person charged with the offense and potentially subject to all the penalties. While forensic investigators can usually determine the true perpetrator, this is not always the case. If you intend to raise this defense, an experienced defense attorney will hire a forensic investigator to collect that information.
Unintentional Download Of Child Pornography
An unintentional downloading defense involves arguing that you did not intend to possess child pornography and are in possession by accident. In these state and federal cases, the prosecution must prove that you intended to obtain or possess pornographic material involving a minor. If the prosecution cannot prove this element, you may be acquitted of the charges.
One example of unintentional downloading of child pornography happened when pornographic content was mixed with other content that the defendant was downloading. The defendant was downloading content involving World War II weapons, but unknown to the defendant, over 100 pornographic images were mixed in with the images of the weapons. When the defendant was brought to court, the defendant was acquitted because forensic experts for both the defense and the prosecution could find no evidence that the defendant had previously searched for that kind of content. The judge in the case commented that no evidence was present to suggest that the defendant intended to obtain or possess child pornography.
You may be able to argue that your offense resulted from a mental health issue. If the defense is successful, you may be given a sentence that focuses on treatment and rehabilitation instead of imprisonment and fines.
If law enforcement actions trick you into breaking the law or otherwise cause you to act against your nature when they are attempting to catch a violation, you might be able to argue that you lacked intent. The charges may be dismissed if you successfully argue that you lacked intent to do the alleged criminal act. If law enforcement essentially tricked an alleged offender into committing a crime by downloading child pornography, the person’s lack of intent may be used to have the charges dismissed.
Lack Of Evidence
If the prosecution does not have enough evidence to support the charges against you, the charges must be dismissed. There may be a lack of evidence in the case because the evidence does not exist, is unavailable, or your defense attorney has successfully argued to have the evidence excluded from court.
Ohio Revised Code Statute §2907.321
Section 2907.321 of the Ohio Revised Code describes what pandering obscenity of a minor is and the penalties for violation of the statute. The statute outlines the different degrees of penalties for pandering obscenity of a minor violations as well as the defenses that can be used by those charged.
“Obscenity Law In Ohio”
“Obscenity In Ohio” covers the many aspects of obscenity law, from the history of obscenity law in Ohio to notable cases that have shaped the laws. If you want to learn more about Ohio obscenity law, you can find the article here.
Memoirs V. Massachusetts
Memoirs v. Massachusetts is a landmark court case where the Supreme Court changed how courts evaluate whether content is “obscene.” The content at issue was a book called “Fanny Hill.” “Fanny Hill is an erotic novel that follows an account of a young woman who began working as a prostitute after a romantic affair with a man who claimed to love her. The Massachusetts Attorney General brought a case to have the book declared obscene content to stop its availability and distribution. The Massachusetts Supreme Court ruled that the content was obscene. However, when the case reached the United States Supreme Court, they revisited their current test for obscenity as established in Roth v. United States. The elements of that test included:
- A dominant theme that caters to a “prurient (encouraging excessive interest in sexual matters) interest in sex”
- Offensive in terms of “contemporary community standards”
- Completely lacking in any redeeming social value
However, the court said that the social value element of the literary work should be evaluated independently of the other two criteria. Ultimately, the court determined that Fanny Hill was sexual in nature and was “offensive” but still had some degree of social value. On the issue of social value, Justice William O. Douglas commented that judges are “incompetent to render a judgment” regarding literary worth.
Ohio Criminal Sentencing Commission Ad Hoc Committee On Sex Offender Registration Report & Recommendations
The Sex Offender Registration Report and Recommendations cover how the sex offender registry is working and what can be done to improve the registry to better protect the public and reduce repeat sex offenses. In Ohio, the sex offender list consists of “tiers” or levels of sex offenders. Depending on the severity of the offender’s conviction, they will be placed higher or lower on the registry. As the severity of the offense increases, the severity of penalties and duration that the offender remains on the registry increases.
This report, however, takes a critical look at Ohio’s current system and questions if another system based on offender risk would better protect the public and produce more effective punishments and judicial outcomes. The commission outlines strategies for changing sex offender management at the legislative level. Proposed changes included enabling judges to determine when individual low-level offenders need to register, removing first-time offenders from the registry after a certain amount of time, and more.
What Is Pandering Obscenity Of A Minor In Ohio?
In Ohio, the pandering obscenity of a minor law states that you are guilty of pandering obscenity of a minor when you generate, market for sale, distribute, obtain, or hold obscene material involving a minor. Ohio law defines obscene material as depicting sexual content with no purpose other than sexual interest. To be convicted, the prosecution must prove involvement at some level from the development of the content to holding it beyond a reasonable doubt. Depending on your relationship and involvement with the material, you may be subject to varying degrees of penalties as stated by Ohio law.
Is Pandering Obscenity Of A Minor A Felony In Dayton?
In Dayton, a pandering obscenity of a minor charge is a felony. Depending on the circumstances of your offense, you may be subject to a serious fine and prison sentence. Ohio’s felonies for conviction of pandering obscenity of a minor range from fourth-degree to second-degree, with second-degree penalties being the most severe.
Can I Serve Time In Prison If I Am Convicted Of Pandering Obscenity Of A Minor In Dayton?
Yes, depending on the nature and severity of the offense, you may be sentenced to time in prison. How long you may spend in prison is determined by the severity of the offense. In Ohio, there are three distinct offenses for pandering obscenity involving a minor, each carrying felony penalties. If you buy, obtain, or control obscene content involving a minor, you could serve up to a year in prison. If you repeatedly offend, you could spend up to 18 months in prison. However, if your offense involves the production, marketing, or distribution of obscene content involving a minor, you could be sentenced to up to 8 years.
Can I Be Fined If I Am Convicted Of Pandering Obscenity Of A Minor In Montgomery County?
Yes, convicted offenders of pandering obscenity of a minor may face fines in addition to time in prison. Ohio has three distinct levels of pandering obscenity of a minor, each with increasing fine amounts. All categories of violations are a felony.
- Fourth-degree: up to $5,000
- Third-degree (repeat offenders): up to $10,000
- Second-degree: up to $15,000
How Can I Defeat A Pandering Obscenity Of A Minor Charge In Dayton?
Depending on the circumstances and facts of your case, you may have several different defenses that you can raise to either reduce your charge or have it dropped. An experienced criminal defense lawyer will be able to determine what defenses to raise and when to raise them to best protect your rights and interests. Possible defenses include but are not limited to that the content was not obscene, or that it had a valid purpose, such as scientific or medical research.
If you have been charged with pandering obscenity of a minor in Dayton, it is important that you retain a defense attorney as soon as possible. An experienced defense attorney will help you navigate the legal process and raise the best defenses available for your case. The criminal defense attorneys at Joslyn Law Firm have extensive experience in sex crimes cases like pandering obscenity of a minor and are ready to fight for you. For a free and confidential consultation, call Joslyn Law Firm at 937-356-3969 or contact us on our website.