When it comes to criminal charges, few offenses have as much immediate impact as a child pornography allegation. Even when a person is merely investigated for a child pornography offense, the experience can set off a staggering amount of mistrust among friends, family members, and co-workers.

Child pornography charges carry an incredibly damaging stigma for the accused, and this occurs even before a person has had their day in court. People who are accused of child pornography crimes deserve to have the opportunity to prove their innocence and clear their name, but this can often feel like an extraordinarily uphill fight for many people.

Child Pornography Defense Lawyers in Columbus, OH | Sabol | Mallory

If you were arrested for an alleged child pornography crime in the Columbus area, it is extremely important for you to quickly seek legal representation. You will want to find an experienced criminal defense attorney you feel you can trust as soon as possible.

Sabol | Mallory works very closely with our clients so you will always feel as though you are completely informed about everything that is happening with your case. You can have our lawyers provide a complete evaluation of your case as soon as you call (614) 300-5088 or contact us online to schedule a free consultation.

Child Pornography Charges in Ohio

Child pornography is punishable under both state and federal law. The prosecuting agency will typically depend on the specific circumstances involved in the alleged offense.

Ohio essentially has three laws relating to child pornography. Ohio Revised Code § 2907.321 establishes that a person commits the crime of pandering obscenity with a minor if they, with knowledge of the character of the material or performance involved, do any of the following:

• Create, reproduce, or publish any obscene material that has a minor or impaired person as one of its participants or portrayed observers;

• Promote or advertise for sale or dissemination; sell, deliver, disseminate, display, exhibit, present, rent, or provide; or offer or agree to sell, deliver, disseminate, display, exhibit, present, rent, or provide, any obscene material that has a minor or impaired person as one of its participants or portrayed observers;

• Create, direct, or produce an obscene performance that has a minor or impaired person as one of its participants;

• Advertise or promote for presentation, present, or participate in presenting an obscene performance that has a minor or impaired person as one of its participants;

• Bring or cause to be brought into this state any obscene material that has a minor or impaired person as one of its participants or portrayed observers.

When any of these offenses involves a minor, the crime is a second-degree felony. If an alleged offender commits an offense by buying, procuring, possessing, or controlling any obscene material, that has a minor or impaired person as one of its participants, pandering obscenity with a minor is a fourth-degree felony.

Under Ohio Revised Code § 2907.322, a person commits the crime of pandering sexually oriented matter involving a minor if they, with knowledge of the character of the material or performance involved, do any of the following:

• Create, record, photograph, film, develop, reproduce, or publish any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;

• Advertise for sale or dissemination, sell, distribute, transport, disseminate, exhibit, or display any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;

• Create, direct, or produce a performance that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;

• Advertise for presentation, present, or participate in presenting a performance that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;

• Bring or cause to be brought into this state any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality, or bring, cause to be brought, or finance 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.

When any of these offenses involves a minor, the crime is a second-degree felony. If an alleged offender commits an offense by knowingly soliciting, receiving, purchasing, exchanging, possessing, or controlling any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality, pandering sexually oriented matter involving a minor is a fourth-degree felony.

Ohio Revised Code § 2907.323 establishes that a person commits the crime of illegal use of minor in nudity-oriented material or performance if they do either the following:

• Photograph any minor who is not the alleged offender’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 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.

• Consent to the photographing of the person's minor child or ward, or photograph the person's minor child or ward, in a state of nudity or consent to the use of the person'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.

Either violation is a second-degree felony. If an alleged offender commits an offense by possessing or viewing any material or performance that shows a minor who is not the person's child or ward in a state of nudity, 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, or the person 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, the offense is a fourth-degree felony.

Federal laws on child pornography include:

• Sexual Exploitation of Children (Production of child pornography) — 18 U.S. Code (U.S.C.) § 2251

• Selling and Buying of Children — 18 U.S.C. § 2251A

• Certain activities relating to material involving the sexual exploitation of minors (Possession, distribution and receipt of child pornography) — 18 U.S.C. § 2252

• Certain activities relating to material constituting or containing child pornography — 18 U.S.C. § 2252A

• Production of sexually explicit depictions of a minor for importation into the United States —  18 U.S.C. § 2260

Ohio Child Pornography Penalties

State crimes relating to child pornography will generally be punishable as follows:

• Fourth-Degree Felony — Six to 18 months in prison and/or fine of up to $5,000

• Second-Degree Felony — Two to eight years in prison and/or fine of up to $15,000

Federal convictions for possession of child pornography are punishable by sentences of up to 10 years in prison for a first offense and 20 years for a second or subsequent offense. Transportation, receipt, distribution, possession with intent to distribute or sell child pornography is punishable by up to 20 years in prison for a first offense and 40 years for a second or subsequent offense.

Possession of obscene visual representations of the sexual abuse of children is punishable by sentences of up to 10 years in prison for a first offense and 20 years for a second or subsequent offense. Receipt, distribution or production of obscene visual representations of the sexual abuse of children is punishable by up to 20 years in prison for a first offense and 40 years for a second or subsequent offense.

Columbus, OH Child Pornography Resources

CyberTipline | National Center for Missing and Exploited Children (NCMEC) — NCMEC is a private, non-profit 501(c)(3) corporation whose mission is to help find missing children, reduce child sexual exploitation, and prevent child victimization. You can report online child pornography by forwarding the site address to NCMEC and it forwards your report to the appropriate investigative agency. Reports may be made 24-hours a day, seven days a week.

Internet Crimes Against Children (ICAC) Task Force — The ICAC is a national network ​of 61 coordinated task forces representing over 4,500 federal, state, and local law enforcement and prosecutorial agencies. Visit this website to access numerous intent safety resources such as videos and reports for parents and children. You can also find information about ICAC conferences.

Report Violations | CRIMINAL-CEOS | Department of Justice — The mission of the Child Exploitation and Obscenity Section (CEOS) of the Department of Justice is “to protect the welfare of America's children and communities by enforcing federal criminal statutes relating to the exploitation of children and obscenity.” Use this website to report violations of child custody and visitation, child pornography, child sexual abuse, child support enforcement, extraterritorial sexual exploitation of children, international parental kidnapping, obscenity, prostitution of children, or sex offender registration. You can also find a Citizen's Guide to U.S. Federal Child Exploitation Laws.

Contact a Columbus Child Pornography Defense Attorney Today

Were you arrested for an alleged child pornography offense in the greater Columbus area? Do not wait one second to contact Sabol | Mallory.

Our firm understands the many ways in which these allegations can affect your life and we will work tirelessly to minimize the potential damage to you and your reputation. Call (614) 300-5088 or contact us online to receive a free consultation.

‍