The short answer is YES! Pandering Obscenities, Illegal use charges, and even sexual assault allegations are very common in the age of globally accessible internet, texting, and dating apps.
While accessing and purchasing pornography is legal in the US, if a viewer does not know the source and circumstance of the recording, they could be watching something produced or obtained illegally. Note: Possession or viewing of any type of pornography is illegal in many other countries.
How Do People Get Caught for Watching Illegal Pornography?
It’s not always the watching that is the impetus for a criminal investigation.
Downloading, sharing with friends, or even emailing it to oneself often catches the attention of authorities.
It is common for sex crime charges to occur during a separate criminal investigation.
This happens when the investigation of another matter gives law enforcement access to cell phones or computers.
Once law enforcement has your phone, they will access all your photos and downloaded material.
If something appears illegal in or on seized property, they will quickly add the charges listed in this article.
An experienced sex crimes defense firm can help determine if your constitutional rights were followed during the seizure of property.
Millions of photos and videos can be found on the internet and are exchanged daily. What makes some of them illegal?
Nude pictures or videos of anyone under the age of 18 are illegal to possess.
Nude photos of anyone who is impaired (naturally or through drug or alcohol use) can be illegal.
Nude images or performances of someone who is unaware someone is photographing or recording them (This includes sleeping!) who are in a place where the subject of photography would reasonably expect privacy are also illegal.
Knowingly distributing or displaying legally produced pornography to a minor is illegal.
Lying about your age to gain access to material harmful to juveniles is a 2nd-degree misdemeanor.
Ohio’s age of sexual consent, being 16 years old, does not apply to the production of pornography. It is never legal to record such an act.
What Felony Charges Result From Watching Illegal Pornography?
The following laws cover just about every type of illegal material that could be found on your phone or laptop. They are the most common charges for illegal pornography. Accusations of any of these crimes must be taken very seriously as they are felony offenses ranging from the 2nd to fourth or fifth degree. Felonies of the 2nd degree carry mandatory prison sentences. An Ohio criminal defense attorney can explain the felonies that if convicted, carry optional prison sentences.
Ohio Revised Code 2907.321 - Pandering Obscenities Involving a Minor or Impaired Person
Ohio Revised Code 2907.322 - Pandering Sexually Oriented Material Involving a Minor of Impaired Person
Ohio Revised Code 2907.323 The Illegal Use of a Minor or Impaired Person in Nudity Oriented Material or Performance
What is an Obscenity?
Obscenity is defined as anything that does not meet the community standards for acceptable photos, AND patently offensive, AND lacks serious artistic, political, or scientific value. The material must meet all three conditions to be considered an obscenity.
Can Minors Be Charged If Their Boyfriend or Girlfriend Sends them Nude Photos?
Unfortunately, Ohio’s youth frequently get charged with the serious criminal offenses listed earlier in this article due to their curiosity about sex. With so much access to technology, teenagers frequently unknowingly watch or text one another with pictures or videos that may be illegal to receive, view, download, or share, and sharing doesn’t always mean sending to someone else.
Emailing an illegal image to oneself is illegal.
Each time a video or image is downloaded, it is being replicated. Therefore, pornography is being produced or reproduced, which is why the “pandering” statute is applied.
Each image is an additional count.
Law enforcement will charge the defendant with all statutes that apply,
Multiple statutes may be applied to each count of the illegal activity, resulting in more charges to contend with.
Only prosecutors can dismiss charges, not the police or the judge.
Prosecutors will not easily dismiss charges even if the complainant admits they purposely sent the pictures to the defendant.
Not knowing the age of the minor subject of an illegal photo or video is not a suitable defense against such charges.
What Are the Consequences of Being Accused of a Sex Crime? How Can an Attorney Help?
Simply being accused of any of the crimes listed in this article can lead to severe social consequences on social media and at school or work. Being charged and convicted of them carries heavy legal consequences, job loss, sex offender registration, and a lifetime of branding as a sexual predator or deviant.
If you, anyone you know, or your teenager is being investigated for any of pornography or sex crime, the earlier you contact an Ohio Sex Crimes attorney, the better the chance for a positive outcome. Reach out at once to discuss your case with a law firm that specializes in sex crime defense today.
Written by The Law Office of Brian Jones, LLC
-Dr. Benjamin Jackoby, Dr. “Hank” Jackoby
Resources:
Ohio Laws and Administrative Rules, Ohio Revised Code 2907