Being arrested on child pornography charges in Ohio can have a hugely detrimental impact on your life. Your arrest is likely to cause severe reputational damage and may eventually result in you being sent to prison.
Fortunately, you don’t just have to sit back and accept the negative consequences of your arrest. With the help of a Dayton child pornography lawyer, you can fight back against your charges and potentially clear your name.
How a Suhre & Associates, LLC Criminal Defense Attorney Can Help You Fight Back Against Your Child Pornography Charges
At Suhre & Associates, LLC, we believe that individuals who have been charged with child pornography are entitled to a vigorous defense. When you hire us to represent you in your case, we will:
Protect Your Constitutional Rights
When investigating child pornography charges, the state of Ohio and its representatives must respect your constitutional rights. Unfortunately, despite their legal obligation, they sometimes cross the line.
When you hire one of our lawyers in Dayton to be your legal counsel, we will watch closely over every stage of your case. If we notice a police officer or prosecutor acting inappropriately, we will put a stop to it immediately.
Negotiate with the Prosecuting Attorney
Prosecuting attorneys rarely want to take child pornography cases all the way to trial. As such, there is a good chance that you will be offered a plea bargain agreement in the early stages of your case. Before accepting such a deal, it is almost always wise to spend some time negotiating the terms on offer.
The criminal defense attorneys here at Suhre & Associates, LLC have been negotiating with prosecutors throughout Ohio for years. When we represent you, we will use that experience to fight hard for an improved deal on your behalf. Though we cannot guarantee a specific result, we can promise that you will be well-represented throughout the process.
Represent You in Court
If the prosecutor is not prepared to agree to a fair plea bargain deal, your case will almost certainly end up in court. There, a judge and jury will analyze your case and make a ruling on your guilt or innocence. If they find you guilty, they will also decide how you should be punished.
Given the consequences of your trial, you would be wise to have one of our experienced attorneys by your side throughout the process. Having represented countless clients in court, we understand how to state a case in a way that truly resonates with a judge and jury.
Would you like to have the Suhre & Associates, LLC team on your side throughout your child pornography case? If so, just give us a call or contact us online to set up a free consultation at our Dayton law office.
Understanding Ohio’s Child Pornography Laws
The state of Ohio has a number of laws on its books that deal with child pornography. A brief list of some of the most commonly charged child pornography offenses would include:
Pandering Obscenity Involving a Minor
The crime of pandering obscenity involving a minor is outlined in section 2907.321 of the Ohio Revised Code. This statute states that no person, with knowledge of the character of the material or performance involved, shall:
- Create, reproduce, or publish any obscene material that involves a minor
- Promote or advertise for sale or rent any obscene material that involves a minor
- Create, direct, or produce an obscene performance that involves a minor
- Advertise or promote an obscene performance that involves a minor
- Buy, control, possess, or procure any obscene material that involves a minor
- Bring any obscene material that involves a minor into the state of Ohio
Violations of this law are almost always classified as third-degree felonies. They may be reduced to fourth-degree felonies for offenders who merely bought or possessed obscene material.
Pandering Sexually Oriented Material Involving a Minor
The criminal offense of pandering sexually oriented material involving a minor is outlined in section 2907.322 of the Ohio Revised Code. This law explains that no person, with knowledge of the character of the material or performance involved, shall:
- Create, record, photograph, film, publish, or reproduce any material that shows a minor engaging in sexually explicit conduct
- Advertise for sale or rent any material that shows a minor engaging in sexually explicit conduct
- Create, direct, or produce a performance that shows a minor engaging in sexually explicit conduct
- Advertise a performance that shows a minor engaging in sexual activity
- Knowingly receive, purchase, possess, or control any material that shows a minor engaging in sexual activity
- Bring any material that shows a minor engaging in sexually explicit conduct into the state of Ohio
- Bring a minor into the state of Ohio with the intent of producing sexually explicit involving the minor
Individuals who violate this law are generally charged with second-degree felonies. However, the charge may be downgraded to a fourth-degree felony if they merely received, purchased, or possessed sexually explicit material involving a minor.
Illegal Use of a Minor in Nudity-Oriented Material
Section 2907.323 of the Ohio Revised Code states that no person shall:
- Photograph a minor that is not their child in a state of nudity
- Create, direct, or produce a performance involving a minor that is not their child in a state of nudity
- Consent to the photographing of a minor that is their child in a state of nudity
- Possess or view any material involving a minor that is not their child in a state of nudity
The state of Ohio allows some exceptions to this law for material and performances that serve an artistic, educational, religious, scientific, medical, governmental, or judicial purpose.
Violations of this statute are typically charged as second-degree felonies. However, offenders who merely possess or view material involving a child in a state of nudity are usually charged with fifth-degree felonies instead.
The sex crime defense attorneys here at Suhre & Associates, LLC, are well-versed in Ohio’s child pornography laws. If you would like to have our law firm represent you in your battle to clear your name, just give us a call and set up a free consultation today.
Penalties for Ohio Child Pornography Convictions
The penalties doled out for child pornography convictions in the state of Ohio are directly tied to the severity of the crime:
Individuals who are convicted of a child pornography offense that is classified as a fifth-degree felony may face up to 12 months in jail. They may also be fined up to $2,500.
Offenders who are found guilty of sex offenses that are categorized as fourth-degree felonies in Ohio can be fined up to $5,000. They can also be sent to prison for as long as 18 months.
A third-degree felony conviction can send an individual to prison for up to 5 years. Such an offender may also be fined up to $10,000.
Offenders who are convicted of a child pornography crime that is categorized as a second-degree felony can be fined up to $15,000. They may also be sentenced to 8 years in prison.
Sex Offender Registration
Aside from being fined and sent to jail or prison, individuals who are convicted of a child pornography offense in Ohio are almost always required to register as sex offenders. Most will be classified as Tier II offenders – meaning they will have to register every 180 days for 25 years. During this registration period, their name, address, and other personal information will be accessible to the public online.
Do you need an experienced lawyer in Dayton, Ohio to help you defend yourself against your sex crime charges? If so, please do not hesitate to reach out to the team here at Suhre & Associates, LLC. We have the knowledge and skill to handle just about any case.
Defenses Against Child Pornography Charges in Ohio
An effective defense strategy can go a long way toward preventing a child pornography charge from becoming a conviction. A short sampling of some of the most commonly used defenses in Ohio child pornography cases would include:
- Unlawful Search and Seizure: If the police conducted an illegal search of the defendant’s computer, the charges could be dismissed.
- Accidental Possession: If child pornography files were placed onto someone’s computer without their knowledge, the charges may be reduced or dropped.
- Not Child Pornography: Sex crime lawyers who can show that the individuals pictured were actually adults should have no trouble getting the case thrown out.
The attorneys here at Suhre & Associates, LLC have been helping the people of Dayton defend themselves against everything from sexual assault charges to child pornography charges for years. If you would like us to help you come up with an effective defense strategy for your case, please reach out to us and schedule a consultation.
A Dayton Child Pornography Lawyer You Can Count On
If you need a sex crimes defense lawyer to provide you with astute legal advice and guidance as you make your way through your child pornography case, there is only one law firm you need to call – Suhre & Associates, LLC. Our team is always ready to fight tirelessly on your behalf. Reach out to us today to set up an initial consultation with one of our attorneys.