Child pornography laws at the state and federal levels are strict.
A conviction in an Ohio state court or federal court for possession of child porn could land you in prison for a long time. You may even have to register as a sex offender.
Remember that a charge does not automatically mean that you are guilty.
Having a bold and courageous criminal defense attorney from Gounaris Abboud, LPA can give you the edge you need to avoid a conviction and keep you out of jail.
Gounaris Abboud, LPA’s Ohio defense lawyers have over 50 years of combined legal experience fighting for the rights of their clients and delivering unmatched results.
What Are the Ohio Revised Code’s Child Pornography Laws?
Chapter 2907 of the Ohio Revised Code contains the state’s child porn laws.
Under chapter 2907, it is a crime to create, reproduce, sell, deliver, exhibit, possess, buy, control, or publish obscene matter depicting a child, a child engaged in sexual activity, or displaying a minor in the nude.
The severity of possession of child pornography charges ranges from a fifth-degree felony to a second-degree felony.
The particular facts of your case will determine the possible range of incarceration and other penalties you face.
The possible period of incarceration you face for a conviction of possessing child porn ranges from one year to as many as eight.
However, the prosecution could look to extend your time in prison if you have prior convictions for possession of child porn. Additionally, you could face charges like human trafficking or child endangerment.
What Are the Federal Child Pornography Laws?
Although the First Amendment to the U.S. Constitution protects free speech, it does not protect the possession, distribution, or creation of child pornography.
Therefore, you could face a federal crime if you possess child pornography.
However, the federal authorities cannot prosecute you unless they have evidence to believe the child porn entered the stream of commerce or somehow crossed state lines.
It’s not too hard for them to prove that an image moved through interstate commerce. Usually, they have evidence that the accused used the internet to transfer or create an image.
The federal laws which prohibit child pornography and the exploitation of children carry severe penalties. The minimum sentence you could serve out of federal court is five years, and the maximum is 20 years.
However, aggravating circumstances can increase the time you serve. For example, you could have a sentence for each image in your possession and the judge could add the sentences together.
Is Sexting Considered Child Porn?
Neither Ohio law nor federal law distinguishes sexting from other child pornography crimes. Therefore, minors sending text messages containing nude images to each other may be a crime even if the minors “consented.”
Similarly, adults and minors who share explicit images can face child porn charges.
Registration as a Sex Offender for Possession of Child Pornography
Ohio requires every person convicted of a sex offense to register as a sex offender. The state classifies each offender as either a Tier I, Tier II, or Tier III sex offender.
In Ohio, the possession of child porn tier level is based on the conduct leading to a person’s conviction, their prior criminal record, and other information.
A person who disputes their classification can appeal the decision. Winning the appeal may help you maintain some privacy instead of having your picture posted on a sheriff’s website.
Notwithstanding, winning your appeal does not alleviate your legal obligation to register and report as required.
You may face other collateral consequences as a result of your conviction. You could lose your employment, your right to vote, your right to possess a firearm, and many other rights.
Why Is Gounaris Abboud, LPA the Right Law Firm for You?
With over 50 years of combined legal experience, the criminal defense attorneys from Gounaris Abboud, LPA can provide the help you need when your life hangs in the balance.
We exhaust all efforts to ensure our clients get the best defense available to them. We earn our clients’ trust through our dedication to providing high-quality legal services.
The results speak for themselves. Our peers have also recognized our firm for our dedication to our clients and excellence in the Ohio legal profession.
Some of our accolades include recognition as Ohio Super Lawyers. We are members of the Top 100 trial lawyers in the country. We also have a coveted—but rare—10/10 AVVO rating.
Talk to an Experienced Criminal Defense Lawyer from Gounaris Abboud, LPA Today
Contact Gounaris Abboud, LPA today at 937-222-1515 or submit our free case consultation form to learn more about how we can help you.
We will work with you one-on-one to ensure we meet all your needs. With Gounaris Abboud, LPA by your side, you can be confident you’re getting the best defense possible.