Displaying Matter Harmful to Juveniles in Lisbon, OH

Grocery stores and other retailers in Lisbon take precautionary measures by using plastic covers that only reveal the masthead of specific magazines. These measures aim to protect juveniles from exposure to inappropriate or explicit content, considering their young age and the nature of the material.

Under Ohio Revised Code § 2907.311, displaying pornography and other materials classified as obscene can result in sex crime charges. If you find yourself facing such charges, a Lisbon sex crimes attorney from the Youngstown Criminal Law Group can provide expert legal assistance. They will thoroughly analyze your case to build a strong defense and may even negotiate with the prosecution for a potential plea deal to minimize penalties.

With an impressive track record of 20,000 cases and numerous legal victories, our award-winning criminal defense firm has successfully achieved:

  • Dismissal and expungement of charges against a 19-year-old Franklin County man accused of unlawful sexual conduct with a minor.
  • Three years of community control instead of imprisonment for a 53-year-old Franklin County man facing seven counts of pandering.
  • Not guilty verdict for a Richland County man charged with rape, abduction, and kidnapping.

Attorney Sean Logue, our esteemed founder, has established himself as one of the top Lisbon prostitution lawyers in the state. The recognition he and his team have received includes:

  • Top American Lawyer by the Top American Lawyers association.
  • Ten Best Attorney for Client Satisfaction by the American Institute of Criminal Law Attorneys, an organization that recognizes excellence in criminal defense.
  • Top 25 Trial Lawyers by the National Trial Lawyers, an exclusive group of trial lawyers from each state or region.
  • Top Ten Attorneys by the American Jurist Institute, an independent organization driven by consumer feedback.
  • Top Lawyer by Columbus CEO.

If you are facing charges related to displaying matter harmful to juveniles, don’t hesitate to reach out to the Youngstown Criminal Law Group. Our experienced attorneys can help clear your name, potentially avoid fines, and keep you out of jail. Call 330-992-3036 for a complimentary consultation.

Overview of Displaying Matter Harmful to Juveniles in Ohio

In Ohio, it is against the law to provide material to juveniles that is deemed harmful based on their age and the nature of the content. This is outlined in Ohio Revised Code § 2907.311, and violation of this law is considered a first-degree misdemeanor.

It is important to note that each day a violation occurs is counted as a separate charge, potentially leading to multiple convictions and accompanying penalties for displaying matter harmful to juveniles.

Responsibilities of Sellers and Distributors

Businesses in Lisbon that sell obscene material have a responsibility to ensure that individuals under the age of 18 cannot view such material. This can be achieved by keeping it behind a counter, covering it with plastic wrapping, or using other means to conceal it from view.

Juveniles and Harmful Matter: Understanding the Concern

Under the Ohio Revised Code § 2907.01(E), the term “matter harmful to juveniles” encompasses explicit depictions or descriptions of nudity, sexual activity, sexual pleasure, or sadomasochistic abuse. To be classified as harmful to juveniles, the material must meet the following criteria:

  • It must pique the prurient interest of minors.
  • It must deviate from prevailing standards of appropriateness for minors.
  • It must lack literary, artistic, political, or scientific value.

What constitutes material for this crime?

Ohio’s definition of material that may contain matter harmful to juveniles is extensive and includes various forms:

  • Tangible items capable of captivating through sight, sound, or touch, such as screens (computer, television, liquid crystal display, cell phone, tablet, projection screen, or motion picture screen), as well as images or text stored on computer hard drives, flash drives, or other digital devices.
  • Books
  • Magazines
  • Newspapers
  • Pamphlets
  • Posters
  • Prints
  • Pictures
  • Figures
  • Images
  • Descriptions
  • Motion picture films
  • Phonographic records
  • Tapes

Displaying Matter Harmful to Juveniles: Penalties and Defense

If you find yourself facing charges of displaying matter harmful to juveniles, it is crucial to understand the potential consequences. This offense is considered a first-degree misdemeanor, with each day of violation treated as a separate offense.

The penalties for a first-degree misdemeanor are as follows:

  • Up to 180 days in jail
  • A fine of up to $1,000

However, should the court determine the material to be obscene, the charge is elevated to a fifth-degree felony, carrying more severe consequences upon conviction:

  • Up to one year in prison
  • A fine of up to $2,500

Dealing with such a serious crime requires a strong defense. If you wish to avoid lengthy incarceration and hefty fines, it is imperative to seek the expertise of a criminal defense attorney immediately.

Who Can Be Charged for Displaying Matter Harmful to Juveniles?

Business owners can face charges for displaying obscene material to juveniles through their commercial establishments. Furthermore, individuals may also be held accountable if they engage in the following actions:

  • Impersonating a guardian, parent, or spouse in order to assist a juvenile in purchasing or accessing material that is legally prohibited for them.
  • Furnishing fake identification or documents to misrepresent a juvenile as being 18 years or older, with the intention of enabling their purchase or access to otherwise prohibited matter.

Displaying Harmful Matter Cases: Evidence and Prosecution

In cases involving the display of harmful matter, law enforcement usually becomes aware of such charges through concerned parties like parents, guardians, or vigilant citizens. As a result, establishments are now more cognizant of the potential legal repercussions of exposing juveniles to obscene or harmful materials. To prevent this, some take proactive measures, such as utilizing plastic coverings, wrappings, or containers to block offensive images or text.

However, despite this awareness, there are still stores that continue to display harmful material, disregarding the fact that juveniles can access or view it. In such cases, the prosecution’s evidence may include various compelling elements:

  • Visual documentation capturing displays without protective coverings or wrappings.
  • Photographic evidence demonstrating juveniles accessing the aforementioned material.
  • Testimonies from witnesses who have observed juveniles gaining access to the harmful material.
  • Utilization of undercover officers posing as juveniles as part of a sting operation.

How to Respond when Arrested on Charges of Displaying Harmful Matter

If you are arrested on displaying harmful matter charges, it is crucial to take immediate action. Here are three key steps to follow:

  • Stay Calm: It’s understandable that being arrested can be distressing, but maintaining composure is essential.
  • Exercise Your Right to Remain Silent: Politely refuse to answer any questions without having legal representation present. This ensures protection under the Fifth Amendment, allowing you to avoid self-incrimination.
  • Request Legal Counsel: Clearly state to the police officers that you wish to contact a Lisbon prostitution lawyer and that you will not provide any further statements until your attorney is present. This step is critical to safeguarding your rights and ensuring the best possible defense.

Why Remaining Silent is Vital

At Youngstown Criminal Law Group, we acknowledge and appreciate the dedication and commitment of our city’s law enforcement officers. However, it is essential to understand that, regardless of the officer’s demeanor, it is in your best interest to remain silent until you have legal assistance.

By asserting your right to remain silent, you protect yourself from potential self-incrimination. Despite any suggestions that hiring a lawyer might make you appear guilty, the truth is that it showcases your understanding of the complexities of our criminal justice system and your desire for fair representation. You deserve a strong legal advocate by your side.

Defenses against displaying matter harmful to juveniles can be considered.

If you’re a store owner arrested and charged with displaying matter harmful to juveniles, it’s crucial to seek the assistance of a Lisbon sex crimes attorney who specializes in these cases. While this offense can be classified as a misdemeanor in some cases, it can still result in a potential jail sentence of up to 180 days or a maximum fine of $1,000.

Several possible defenses exist, including:

  • Lack of knowledge that the person viewing the material was a juvenile.
  • Unawareness that the material was removed from its protective covering and placed in a more visible location.
  • Potentially being unfairly targeted by law enforcement or falling victim to entrapment.
  • The failure to read your Miranda rights.
  • Belief that the material in question possessed legitimate value for literary, artistic, social, historical, political, or scientific purposes.

At Youngstown Criminal Law Group, our experienced attorneys meticulously analyze the circumstances of your case to devise a compelling defense strategy. Reach out to us now for expert legal counsel.

Frequently Asked Questions about Displaying Material Harmful to Juveniles

Q: What is considered harmful material to juveniles?

A: Material that is harmful to juveniles includes images or text portraying nudity, sexual acts, sexual excitement, or sexual violence.

Q: What should I do if police question me for displaying matter harmful to juveniles?

A: If questioned by the police, assert your Fifth Amendment right to remain silent and request immediate access to legal representation. Do not answer any questions or make any statements until your attorney is present.

Q: Can I be held liable if my employee allowed a 12-year-old to see harmful matter while I was on a break?

A: As the employee’s supervisor, you could be held responsible for their actions, even if you were unaware of them. Additionally, you may face civil charges from the child’s parents based on the assumption of vicarious liability.

Q: What are the penalties for displaying matter harmful to juveniles?

A: Displaying harmful matter to an unmarried person aged 18 or younger is considered a first-degree misdemeanor. It is punishable by up to 180 days in jail and a fine of up to $1,000. However, if the court deems the material to be obscene rather than harmful, you may be charged with a fifth-degree felony, carrying a sentence of up to one year in prison and a fine of up to $2,500.

Q: What happens if I am warned about displaying matter harmful to juveniles but fail to take corrective action?

A: Each day that you violate Ohio law constitutes a separate charge. Each misdemeanor charge for displaying matter harmful to juveniles carries a potential sentence of up to 180 days in jail and a maximum fine of $1,000. The duration of your alleged offense will determine the cumulative jail time and fees you may incur.

Lisbon, OH Attorney specializing in cases involving the display of matter harmful to juveniles.

In Lisbon, OH, if you are a store owner or part of a commercial establishment, it is crucial to safeguard juveniles from exposure to harmful material. Failing to fulfill this legal obligation can result in charges and convictions. That’s where an attorney specializing in matters related to displaying harmful material to juveniles in Lisbon, OH, can step in to provide reliable defense.

At the Youngstown Criminal Law Group, we have a proven track record in successfully defending clients facing various sex crimes and other offenses. Our topmost priority is to help our clients clear their names promptly and regain control over their lives.

If your case calls for assistance, don’t hesitate to reach out to us for a free consultation. Simply call the Youngstown Criminal Law Group today at 330-992-3036 to discuss the details.

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