Charged with Pandering Obscenity Involving a Minor in Dayton? Get the Defense You Need.
Being accused of pandering obscenity involving a minor can turn your life inside out. At Gounaris Abboud, our criminal defense lawyers are available 24/7 for a free case analysis.
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Gounaris Abboud: Your Trusted Legal Advocates for Pandering with a Minor Charges
We know being charged with pandering obscenity involving a minor can leave you overwhelmed and struggling to make sense of what to do, which is why our compassionate attorneys will always treat you with the dignity and respect you deserve.
Gounaris Abboud is an Ohio law firm with more than 50 years of combined legal experience that has been helping clients facing all manner of criminal charges, including sex crimes, child pornography, internet-related crimes, and obscene performance crimes. We also have extensive knowledge of digital evidence and how to defend you from related charges.
Our team of criminal defense lawyers will work tirelessly to help you. We’ll explore every option to get you the best possible outcome.
Understanding Pandering a Minor Charges: What You Need to Know
Pandering obscenity of a minor in Ohio refers to being accused of creating, marketing, distributing, or obtaining obscene material involving someone under the age of 18. Obscene material refers to material that depicts sexual activity that serves no other purpose but sexual gratification. Depending on the severity of the charges, you could face hefty fines and jail time.
To convict you, the prosecution has to show beyond reasonable doubt that you were involved in pandering obscenity of a minor at some level. For these cases, a minor means anyone under 18. The prosecution has to demonstrate that you were involved with child pornography in any of the following ways:
- Trading
- Creating
- Selling
- Buying
- Advertising
- Distributing
- Publicly displaying
All pandering obscenity involving a minor charges are felonies and carry the risk of being a sex offender for the rest of your life.
Obscene materials are those that show sexual deviancy with the purpose of arousing sexual excitement. Depicting human bodily functions is one type, along with any nudity-oriented material that presents the human body as an object of sexual appetite.
Ohio law utilizes the Miller test when considering obscene material, assessing:
- Whether the average person would find that the work appeals to prurient interest.
- Whether the work describes or depicts sexual conduct mentioned by state law.
- Whether the work lacks serious literary, artistic, scientific, or political value.
If the answer is yes to all these, the work is considered to be obscene.
Penalties for Pandering Obscenity of a Minor
Pandering obscenity can have severe repercussions, ranging from fines of $5,000 and jail time of up to 18 months to fines of $15,000 and a prison sentence of up to eight years. You can also face needing to register as a sex offender.
You can be charged with a fourth-degree felony if you buy, control, or hold obscene material involving a minor. Fourth-degree felony penalties include anywhere from six to 18 months in jail and a maximum of $5,000 in fines. You must also register twice a year as a sex offender for 25 years.
Third-degree felony involves the same charges as a fourth-degree felony but applies to repeat offenders. Repeat offenders face up to five years in prison and fines of $10,000, as well as having to deal with embarrassing public registration requirements.
The most severe conviction you can receive for a pandering obscenity charge involving a minor is a second-degree felony. You can face up to eight years in prison and a $15,000 fine. You will need to register as a sex offender for 25 years.
If you’re convicted of pandering obscenity involving a minor, you have to register twice a year for 25 years as a sex offender. This means you will be restricted in where you can live and what jobs you can take. It’s one of the most serious consequences of being convicted of pandering obscenity charges.
Convicted offenders carry the felony charge their whole lives while also being registered sex offenders. There can be legal and social implications. You won’t be allowed to live within a certain distance from schools, and you won’t be able to take jobs where you come into contact with children. With a conviction, you can’t live in assisted living facilities, either.
Protect Your Future: Seek Legal Assistance Now
If you’ve been charged with pandering obscenity, you need a criminal defense lawyer. At Gounaris Abboud, we can help you fight for your rights. Get a free case review.
Common Defenses Against Pandering Obscenity of Minor Charges
The team of criminal defense attorneys at Gounaris Abboud can provide skilled legal representation to help you aggressively address the pandering obscenity charges. Because each case is unique, we’ll rely on the defense strategy most appropriate for your charges.
The Miller test is subjective, and we can use that to our advantage. An experienced criminal defense attorney can argue that the material was suggestive. We can show that it may not meet the average person’s idea of prurient content by contemporary community standards or that stating whether something offers artistic, literary, political, or scientific value is debatable.
If the material had a legitimate use, it can’t be considered obscene. Your legal counsel can argue that the materials could have artistic value or that they may be used for bona fide medical purposes. Without obscene materials, you can’t be charged with pandering obscenity involving a minor.
Entrapment is a legal defense that claims a person was coerced by law enforcement into committing a crime they would not have otherwise committed. An example would be if an undercover police officer pushed you into downloading obscene materials to your computer. If you weren’t predisposed to getting that material, we could claim entrapment.
Another option available when fighting pandering obscenity involving a minor charges is to state that you weren’t aware you’d obtained obscene materials. You may have downloaded something in bulk without knowing everything the files contained.
An experienced defense attorney can show that you didn’t intentionally seek this material out. You may also not have known the materials involved a minor.
The statute of limitations refers to the maximum amount of time a party has to begin legal proceedings. It ensures cases are brought forward when there’s still viable evidence available. If the prosecution misses this deadline, we can have the case dismissed. The pandering obscenity statute of limitations is six years, though exceptions exist.
For cases involving child pornography or pandering obscenity of a minor, we can also claim that you had unintentional possession of the obscene material. If you share devices, for example, someone else could have downloaded materials without your knowledge. This can be enough to create reasonable doubt and dismantle the prosecution’s case.
Our Approach to Handling Pandering Minor Charges
A skilled defense attorney like those in our team at Gounaris Abboud knows just how these convictions can affect an accused person’s life, so we will fight to help you avoid the maximum prison sentence that sex crimes of this kind carry.
Thorough Investigation
We begin all of our cases by investigating every aspect of the alleged sex crime. We conduct our own independent investigation, gathering evidence as well as speaking with professional witnesses who can provide corroborating testimony. Our extensive contacts and our deep grasp of criminal law allow us to present powerful defenses for clients.
Challenge the Prosecution’s Case
When you choose our team for your legal representation, you’ll get aggressive attorneys who will cast doubt on every aspect of what the prosecution claims. We will challenge how the evidence against you was obtained. If your rights weren’t respected and search and seizure protocol wasn’t followed, we’ll fight to get the evidence thrown out.
Negotiation Skills
A pandering obscenity involving a minor attorney needs to have excellent negotiation skills, and that’s what we offer. If you decide to plead out, we will work to get you the best possible deal by getting the prosecution to the table and arguing for alternative sentencing or reduced charges.
Trial Advocacy
If your case goes to trial, we can represent you throughout the entire legal process. We have decades of experience assisting clients through court proceedings, so we’ll zero in on the most effective way of fighting your charges. We can also represent you on appeal, allowing you to remain with one law firm instead of having to start again.
Why Choose Gounaris Abboud?
At Gounaris Abboud, our Ohio pandering obscenity lawyers offer the tenacious representation you deserve. If you choose our team, you can expect some crucial benefits.
Over 50 Years of Combined Legal Experience
We’ve been helping clients for decades, and we know what strategies work best.
Proven Track Record of Success
We have successfully defended clients charged with pandering obscenity and other sex crimes.
Personalized Attention and Advocacy
Our attorneys treat each client like the individual they are, offering personalized attention.
Aggressively Protect Your Rights
We’ll fiercely defend your rights to ensure you receive fair legal treatment.
Commitment to Transparency
With our team, you’ll never be out of the loop.
Frequently Asked Questions
In some cases, we may be able to use that as a defense. It can come down to individual circumstances, including the type of obscene materials involved.
If you accidentally downloaded the material, you didn’t have the intent to commit the crime. We can use that in your defense.
For pandering obscenity involving a minor convictions, you must register as a sex offender twice a year for 25 years.
It’s possible. If law enforcement didn’t have legal warrants to search your property, they could have violated your Fourth Amendment rights.
For charges such as these, the statute of limitations is generally six years. There may be exceptions to this deadline, however.
If someone else used your internet connection, we can include that in your defense. We’ll investigate all aspects of the alleged crime to gather the evidence that can prove this.
Resources to Help You Make Informed Decisions
Ohio Revised Code § 2907.321
Learn all about the laws regarding sex offenses in Ohio.
“Obscenity Law in Ohio”
University of Akron: Get an in-depth look at obscenity law in the state.
Ohio Criminal Sentencing Commission Ad Hoc Committee on Sex Offender Registration Report and Recommendations
Learn more about sex offender registration and what it can involve.