Columbus Child Pornography Attorney

If you have been arrested or charged with a child pornography crime, then immediately contact Columbus child pornography attorney Adam Burke. Do not speak to the police. Do not attempt to “clear your name.” Call us now for a free consultation.

In Ohio, if you participate in the promotion of the sexual exploitation of a child you could face serious criminal consequences. Ohio has made it clear that it will not tolerate the creation, distribution, or possession of child pornography and will aggressively pursue criminal charges when individuals engage in such conduct. The criminal and non-criminal consequences associated with an Ohio child pornography conviction can be severe. A conviction on child pornography charges will affect your ability to have a normal life.

Federal Child Pornography Crimes

The sexual exploitation of a child is not something that is taken lightly by law enforcement. In fact, it’s seen as one of the most serious sex crimes. Participating in the dissemination pornographic material that displays children can be both a federal and Ohio state offense. Since child pornography can cross state lines rather easily, the federal government and the State of Ohio may both have interests in pursuing charges. The Department of Justice has acknowledged that the internet has played a pivotal role in what has been called “a historic rise” in child pornography across the country. As child pornography becomes more prevalent, it appears as though the children who are exploited are increasingly younger. Several federal laws, intended to protect children and punish those involved in the dissemination of child pornography, are on the books.

If you participate in child pornography in any way – as a private consumer, retailer, producer – you could face federal criminal charges. It is in your best interest to hire a Columbus Child Pornography attorney to help you face the charges. Federal child pornography crimes include Sexual exploitation of children; Selling and buying of children; Possession, distribution, and receipt of child pornography; Mailing, transporting, or shipping child pornography; and Production of sexually explicit depictions of minors. If convicted, you could face up to 30 years in prison. If aggravating factors are present, a conviction could even land you in prison for life.

Ohio Child Pornography Crimes

Children do not have the ability to legally consent to obscene or sexual behavior. When obscene or sexual behavior involving a child is documented – through film, photographs, or other media – those involved can be charged with child pornography crimes in Ohio. In Ohio, you can be charged with a child pornography crime if you participate in the creation, distribution, promotion, or use of obscene or sexually-oriented material involving a minor. Ohio’s laws are designed to criminalize a wide range of behavior that may be related to child pornography. It is important to make the distinction between adult content that is illegal and legal.

Pandering Obscenity or Sexually-Oriented Matter Involving a Minor

Section 2907.321 and Section 2907.322 of the Ohio Revised Code make it a crime to pander obscene or sexually-oriented matters that involve a minor. In Ohio, you may be charged with one of these child pornography crimes if you:

1. Create, reproduce, or publish;
2. Sell, deliver, display, disseminate, exhibit, present, rent, or provide (or agree to do any of the above);
3. Create, direct, or produce;
4. Advertise or promote;
5. Buy, procure, possess, or control; or
6. Bring (or cause to be brought) into the state of Ohio

any obscene or sexually-oriented material involving a child or the depiction of a child. Mistake of age is not a defense to these crimes. This means that you can be convicted of a child pornography crime even if you were honestly mistaken about the age of the person depicted in the materials

Illegal Use of a Minor in Nudity-Oriented Material

Section 2907.323 of the Ohio Revised Code makes it a crime to photograph, create, direct, produce, transfer, possess, or view photographs of a minor (or minors). This law can be broadly applied to punish a wide range of behaviors. These can range from sexting with a teenager to viewing pornographic material in the privacy of your own home to allowing your children to be photographed for obscene or sexually-oriented purposes. Ohio child pornography laws were designed to give prosecutors a significant amount of latitude when charging individuals for their participation in the sexual exploitation of children.

Penalties for Child Pornography Crimes

If convicted of a child pornography crime in Ohio you will be subject to both criminal and non-criminal penalties. Child pornography crimes can be charged as either felonies of the Fourth or Second degree in Ohio. Fourth-degree child pornography offenses are punishable by 6-18 months in jail and fines of up to $5,000. Second-degree child pornography offenses are punishable by 2-8 years in Ohio state prison and fines of up to $15,000.

Mandatory Sex Offender Registration

The state of Ohio maintains a database and list of residents who are convicted of sexual criminal offenses. If you are convicted of an Ohio child pornography crime you may be required to register with the state as a sex offender. In Ohio, there are three different classifications for sex offenders. The classification you receive will depend on the crime for which you are convicted and the facts and circumstances of the case.

If you are convicted of a child pornography crime, which again, should not be confused with legal content similar too broxxx. The court may require you to register with the state as a sex offender. If your conviction requires that you register as a sex offender, you must maintain regular contact with the Sheriff’s office in the county in which you reside. You must provide information about where you live, e-mail addresses you use, where you work, cars you drive, and other information that may be requested. You must notify the local Sheriff’s office if there are any changes. Information about you, including a photograph and a list of all sex-related criminal convictions, will be made available to the public in a searchable database. Failure to follow the Ohio sex registry requirements can have criminal consequences.

Defenses to Child Pornography Crimes in Ohio

There are limited exceptions and defenses to Ohio’s child pornography laws. An experienced Columbus child pornography attorney can fight to have the charges against you reduced or dropped by arguing one of these defenses. Possible defenses to child pornography crimes in Ohio include:

• Unlawful search and seizure;
• Unlawful arrest;
• Violation of another Constitutional right; or
• Bona fide medical, scientific, educational, religious, governmental, or judicial purpose.

Experienced Columbus Child Pornography Attorney

In conclusion, if you are charged with a child pornography crime in Ohio it is crucial to hire an experienced Columbus child pornography attorney to represent you. The prosecutor assigned to your case will aggressively pursue the most severe criminal penalties the law allows. As an experienced Columbus child pornography attorney, Adam Burke understands which information and evidence in your case may be most helpful in limiting the negative consequences you may face if convicted. Contact his Columbus office today to schedule a free consultation.