Laws prohibiting revenge porn are comparatively new additions to Ohio porn laws.
If you have been accused of posting or distributing revenge porn, you are probably concerned about your reputation and the potential legal consequences. Knowing the law can be extremely helpful when facing these stressful allegations.
Here, we will talk about everything you need to know about revenge porn in Ohio.
What Is Revenge Porn?
According to Ohio law, revenge porn is knowingly disseminating an image of a person with the intent to harm that person if said person:
- Is eighteen years of age or older;
- Does not consent to the dissemination of the image;
- Is in a state of nudity or engaged in a sexual act; and
- Can be identified from the image or information attached to it.
Disseminating an image often involves posting it on the internet but also includes distributing the image in any way, such as among specific individuals. The formal charge for revenge porn is nonconsensual dissemination of private sexual images.
Ohio Porn Laws
Pornography depicting adults is legal in Ohio as in every other state. However, Ohio porn laws prohibit pornography where the individual shown in the pornographic images, video, or other media does not consent to the distribution of their image. Images that become revenge porn often begin as images shared between consenting adult partners. There is nothing illegal about one consenting adult sending a nude or pornographic image to another consenting adult.
The legal implications change if the individual receiving the images later posts them on a website without first asking the person shown in the images. This could be considered revenge porn in Ohio.
Charges for Porn Crimes
A first conviction for nonconsensual dissemination is a third degree misdemeanor. Third degree misdemeanor convictions can result in a sentence of up to 60 days in jail and a maximum fine of $500. If it is your second conviction for distributing revenge porn, the charge becomes a second degree misdemeanor, which could mean up to 90 days in jail and/or a fine of up to $750.
If you have two or more previous convictions for revenge porn Ohio, you can be charged with a first degree misdemeanor. A first degree misdemeanor conviction allows a judge to sentence you to up to 180 days in prison and a fine of up to $1,000.
If the person accused of distributing revenge porn is under eighteen years old, and the person in the illegal pornographic images is no more than 5 years older than the distributor, the distributor will face different charges.
There is also a civil cause of action for revenge porn in Ohio. A person accusing you of sharing revenge porn can sue to recover punitive damages plus court costs and attorney fees. You can face personal liability and be required to pay much more than the maximum fines imposed in a criminal proceeding. In a civil suit, a court may also grant an injunction to prevent further distribution of the images in question.
Possible Defenses
There are a number of defenses available to individuals and even certain websites accused of revenge porn in Ohio.
Communications Decency Act for Websites
Section 230 of the Communications Decency Act is a federal law protecting websites from liability for certain third-party content. If the website where alleged revenge porn appears is a passive forum, the site may not be liable. If the website encourages third parties to post, however, or is otherwise active in editing the material it publishes, this protection may not apply.
Ohio state law provides similar protections for entities like internet providers, providers of interactive computer services, telecommunications carriers, and more.
Section 230 has faced recent criticism. An executive order proposing amendments to the law is currently the subject of a lawsuit. If you are the creator or manager of a website facing revenge porn charges, you should talk to a criminal defense lawyer who is knowledgeable about the current status of Section 230.
Burden of Proof
In a criminal proceeding, the prosecution must present sufficient evidence to support a conviction for nonconsensual dissemination. A criminal defense attorney can weaken the prosecution’s case on a number of the necessary elements of revenge porn. For example, if there is not enough evidence to prove that the person in the pornographic images did not consent or that you posted an image with harmful intent, you may be able to avoid a conviction.
Statutory Defenses
Ohio porn laws do not prohibit the dissemination of otherwise pornographic images for certain purposes. If the image is part of a news report or is an artistic work, this could offer a defense. In addition, if the person shown in the image was willingly engaged in a sexual act in a place where they did not have a reasonable expectation of privacy, the image may not be considered revenge porn.
An experienced attorney will be familiar with the statutory exceptions to nonconsensual dissemination.
Will This Stay on My Record Forever?
In Ohio, first, second, third, and fourth degree misdemeanor convictions become part of your permanent criminal record. These convictions are available as public information to many Ohio employers. A revenge porn conviction can have a lasting impact on your life and career.
Eligible offenders in Ohio can have misdemeanor convictions sealed or expunged from their permanent record. Both sealing and expungement prevent future employers from seeing convictions and can offer you a fresh start. As long as the pornographic images did not depict a minor, you may be able to get your conviction expunged.
Why Should I Hire a Lawyer?
Aside from jail time and fines, a revenge porn conviction can result in collateral consequences. These consequences can affect your future employment prospects and damage your reputation.
Speaking with a criminal defense lawyer who understands revenge porn in Ohio may help you avoid these consequences. Many of the defenses to a revenge porn charge require detailed knowledge of Ohio porn laws or federal law. You should contact a lawyer as soon as possible after being charged with nonconsensual dissemination.
How We Can Help
The attorneys at Gounaris Abboud are ready to help you fight a revenge porn charge. Gounaris Abboud attorneys have earned top ratings from respected legal publications and have decades of experience in criminal defense.
Contact us by calling or texting 937-222-1515 today. Our attorneys are ready to fight courageously for you.
