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Ohio Defending Pandering Obscenity Of A Minor Charge

Under Ohio law (Ohio Rev Code § 2907.321), pandering obscenity of a minor is considered a serious sex crime. It is prohibited for any individual who is aware of the nature of the material to possess, sell, or distribute it if it involves a minor or impaired person. This reprehensible behavior encompasses activities such as creating, reproducing, publishing, purchasing, promoting, or possessing any obscene material or performance where a minor or impaired person is either a participant or observer. Moreover, it is strictly forbidden to bring any obscene material into Ohio that features a minor or impaired person.

In the context of Ohio’s pandering obscenity of a minor law, an “impaired person” refers to an individual whose capacity to give consent or refuse is significantly impaired due to a mental or physical condition, or advanced age. The perpetrator is fully aware or reasonably believes that the victim is underage or lacks the ability to provide proper consent.

Ohio Pandering Obscenity Of A Minor Lawyer in Lisbon

If you have been apprehended on charges related to pandering obscenity of a minor, the consequences are profoundly distressing. These may include being labeled a sex offender, enduring the shame of public registration requirements, facing substantial fines, and even imprisonment. You do not have to face these challenges alone. It is imperative that you seek the guidance of an experienced Lisbon prostitution attorney prior to discussing the allegations with law enforcement. During this arduous time, the Youngstown Criminal Law Group is committed to providing assistance.

To schedule a free consultation with the knowledgeable Lisbon sex crime attorneys at Youngstown Criminal Law Group, please call 330-992-3036 without delay. Our firm proudly serves the greater Lisbon area, including neighboring countries such as Columbiana County, Warren County, Butler County, Brown County, and Clermont County.

Defending a Pandering Obscenity of a Minor Charge

When it comes to a charge of pandering obscenity to a minor, there are defenses available. However, it’s important to note that the mistake of age is not considered a valid defense in these cases.

The purpose of material or performance should be adequately defined and aligned with its intended use.

One must consider whether the material or performance in question had a genuine and legitimate purpose. According to Ohio law, the pandering obscenity of a minor charge does not apply to any material or performance that is:

  • Sold, disseminated, displayed, possessed, controlled, brought, or caused to be brought into Ohio.
  • Presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or another purpose by or to an academic or person pursuing genuine studies or
  • Research with a proper interest in the material or performance.

The individual participating or portrayed as an observer must not be a minor or impaired person

Furthermore, it is crucial to establish that the participant or portrayed observer in the material or performance is not a minor or impaired person. In a pandering obscenity of a minor case, the jury may infer that a person in the material or performance is a minor or impaired person if the material or performance represents or depicts the person as a child or impaired individual. However, it is possible to overcome this inference with evidence showing that the person involved is not a minor or impaired.

In addition to the points mentioned above, other defenses that can be considered include:

  • Entrapment.
  • Fourth Amendment violations

Pandering obscenity carries severe penalties under the law.

Ohio’s pandering obscenity law imposes significant penalties on offenders. Violations involving a minor are classified as a second-degree felony, while those involving an impaired person are considered a third-degree felony. However, if the offense encompasses both a minor or impaired person and the possession, purchase, or control of obscene material, it is deemed a fourth-degree felony.

Furthermore, a defendant can be charged with a third-degree felony if they have previously been convicted of any of the following:

  • Pandering obscenity of a minor
  • Pandering sexually oriented matter involving an adolescent or impaired person
  • Illegal use of a child or impaired person in nudity-oriented material or performance.

Statute Of Limitations

The Statute of Limitations in Ohio sets a time limit of six years to bring charges for felony offenses. Once this period expires, prosecution is generally barred, unless exceptions apply. It’s important to note that the statute of limitations clock for underage victims starts ticking at age eighteen. For instance, a child victim has until the age of twenty-five to file a criminal charge (eighteen plus the six-year deadline). Consequently, defendants cannot simply evade charges with ease.

Attorney specializing in Ohio Obscenity of a Minor Pandering Cases

If you find yourself facing serious accusations such as pandering obscenity of a minor in Ohio, we understand the life-altering consequences that can follow. At the Youngstown Criminal Law Group, we have the legal expertise to provide you with skilled representation during this challenging time. Our qualified Lisbon sex crimes lawyers will fight diligently to potentially reduce or dismiss your criminal charges.

Contact us today at 330-992-3036 to schedule your initial consultation. The Youngstown Criminal Law Group proudly serves clients in Madison County, Pickaway County, Union County, Delaware County, Fairfield County, Franklin County, and Licking County. Let us be there for you when it matters most.

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