Child Pornography Attorney
in Dayton, OH
An experienced child pornography attorney from Gounaris Abboud can fight for your freedom and reputation.
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Dayton Child Pornography Defense Lawyer
The lawyers at Gounaris Abboud are well known in the Dayton legal community as unyielding advocates who produce unwavering results.
We’re prepared to help you overcome the challenges of fighting sex crime charges. We’ll listen to your side of the story without judgment and deliver personalized attention and a tailored legal strategy to seek a positive outcome.
Our child pornography attorneys know the high stakes you’re facing — an arrest alone can threaten your livelihood and community standing. Contact us to discuss your case and how we can help you push back against your charges.
Dayton Child Pornography Penalties
ORC chapter 2907 contains several charges that prosecutors can bring for child pornography, including the following:
- Pandering obscenity involving a minor
- Pandering sexually oriented matter involving a minor
- Illegal use of a minor in nudity-oriented material or performance
The difference between obscenity and sexually oriented matter is that obscenity appeals to a “prurient interest”, without necessarily showing sexual activity. Sexually oriented matter, on the other hand, depicts sexual activity, bestiality, or masturbation.
Pandering covers several offenses involving restricted material, including:
- Producing
- Copying
- Distributing
- Promoting or advertising
- Possessing
These offenses are charged as second-degree felonies punishable by two to eight years in prison, except for possession. Possessing obscenity or sexually oriented matter involving a minor is a fourth-degree felony punishable by six to 18 months in prison for a first-time offender.
Repeat offenders can be charged with a third-degree felony punishable by 12–60 months in prison.
Collateral Consequences of Child Pornography Convictions in Ohio
The consequences of a child pornography conviction go beyond fines and imprisonment. Here are some of the penalties you could be subject to:
A felony conviction could have the following impacts:
- Loss of eligibility for government benefits
- Ineligibility for admission to colleges and universities
- Suspension or termination of professional licenses
Additionally, felons lose their voting rights while imprisoned and their gun ownership rights forever.
The most serious collateral consequence is mandatory sex offender registration. A conviction for pandering obscenity or sexually oriented matter involving a minor will result in a Tier II classification, subject to the following requirements:
- Register for 25 years
- Verify registration at the sheriff’s office every 180 days
- Live more than 1,000 feet from any school or daycare
- Ineligibility to volunteer with any group or organization providing extensive contact with minors
Registry violations are felonies under Ohio law.
Accused of Possessing Child Pornography?
Contact Gounaris Abboud to better understand child pornography laws in Ohio and get help fighting your charges.
Key Challenges in Defending Against Child Pornography Allegations
There are several possible ways to challenge your arrest and prosecution, including:
The Constitution restricts the government’s power to search your property, including your home and electronic devices.
Specifically, the police must have a search warrant or prove that the search fell within a Constitutional exception before entering your property. Exceptions can apply if you consent to the search or the property was in a place where you had no reasonable expectation of privacy.
If your child porn attorney successfully challenges the search, all the improperly seized evidence will be excluded from your trial.
ORC 2907.322 and other state and federal laws against child pornography impose different sentences for different offenses. While these laws can be confusing, they present an opportunity for your child pornography defense lawyer to negotiate for reduced charges with a lower sentence.
Potential Defenses Against Child Pornography Charges
Possible defenses may include:
Ohio law requires you to know the “character of the material”. Your child pornography defense attorney can argue that you lacked the necessary intent if you didn’t know you possessed pornography.
Someone may have framed you by planting illegal images or making false allegations against you. Your child pornography lawyers can argue that you didn’t violate the law.
An officer may have induced you to possess child pornography. A child porn lawyer can support this defense by showing a lack of predisposition to commit the crime until the officer contacted you.
How Our Child Pornography Lawyers Can Help You
We offer the following advantages to clients dealing with legal charges:
Objective, Non-Judgmental Legal Counsel
We’ll listen to your story and advise you on the defenses you can raise.
Rigorous Investigation
We’ll gather evidence to support your defense and dispute the prosecution’s case.
Aggressive Negotiation
Our child porn lawyers will present your case to the prosecution to seek a dismissal or reduction of your charges.
Fearless Advocacy
If we can’t work out an acceptable plea deal with prosecutors, we’ll present your case at trial.
What Sets Gounaris Abboud Apart in Dayton?
When you choose Gounaris Abboud, you’ll gain the following critical advantages:
Experience
Our attorneys have over 50 years of combined legal experience protecting the rights of the accused.
Tailored Defense
We’ll develop a child pornography defense tailored to your unique situation, goals, and needs.
Compassionate Representation
We believe our clients deserve an aggressive and personalized defense, regardless of their charges.
Trusted Relationship
Our child pornography lawyers will hold all your communications confidential so you can speak candidly about your situation.
FAQ About Child Pornography Cases
“Child” refers to anyone under 18. The term “pornography” doesn’t appear in Texas law; “obscenity” is material meant to sexually arouse, while “sexually oriented matter” depicts sexual activity. Both pandering obscenity of a minor and pandering sexually oriented matter involving a minor are child porn charges.
Investigators often monitor online groups where child pornography is exchanged. They may also run online sting operations to induce members to share sexually oriented matter. Once you come under suspicion, officers can use your IP address to identify your physical location.
No one, including minors, can legally watch child pornography. Adults who supply child pornography to children may face charges for distribution.
Deleting illegal images or videos will not prevent prosecution. The police can recover deleted data, and the government can prosecute you for possession of child pornography even if you no longer actually possess it.
If you’re investigated by local police, you’ll likely face charges in state court. However, you may also face charges for federal internet sex crimes if the FBI investigates your case or the government proves the images came from a different state or country.
The police have very sophisticated investigative tools. You should assume that police technicians can obtain any previously accessed or deleted data. Moreover, prosecutors can seek subpoenas and search warrants to access third-party records.
Ohio Child Pornography Resources
Legal Information Institute (LII)
The Legal Information Institute provides free legal research resources so you can read about state and federal statutes prohibiting child pornography.
Prison Policy Initiative
The Prison Policy Initiative is an advocacy group that provides information about the effects of incarceration as well as the collateral effects of arrests.
Bureau of Justice Statistics
This federal agency furnishes statistics about state and federal criminal prosecutions.