The Ohio Revised Code and federal laws make it illegal to buy, keep, or use a computer to look at naked and sexually explicit pictures and videos of individuals who are younger than 18 years old. Ohio statutes refer to the offense of possessing child porn as a form of pandering and classify it as a fourth-degree felony punishable by up to 18 months in jail and a fine of $5,000. Pandering offenses also include producing child pornography, selling and trading child porn, and allowing or forcing children to engage in the production of pornography. These other types of pandering are treated as second-degree felonies that can result in 8-year prison terms and criminal fines up to $15,000.
Federal law enforcement officials treat possession of child pornography even more seriously than Ohio police and prosecutors. U.S. statutes make it clear that any adult who “knowingly possesses, or knowingly accesses with intent to view, 1 [one] or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction” of a minor can face 10 years in prison.
In addition to imprisonment and criminal fines, a child porn possession conviction under Ohio state law requires registration as a sex offender. Having one’s name removed from the sex offender registry is often impossible, which limits the places one can live and work. Also, failure to fully comply with rules for keeping law enforcement updated on one’s address and activities can result in new rounds of criminal charges.
Each publication or computer file that allegedly contains depictions of child pornography that investigators find can bring a separate possession charge, conviction, and set of penalties. A skilled Ohio criminal defense attorney will ensure that police and prosecutors conduct searches of the home, computers, vehicles, and places of work in full compliance with legal rules and do not overcharge his client. An experienced child pornography lawyer will also be able to present defenses based on evidence that his client did not try to acquire child porn or attempted to destroy or dispose of objectionable materials upon discovering them.
Most importantly, a child pornography lawyer will represent only his client’s interests. Getting charged with possessing child porn can make you an outcast to former friends. Even family members may limit their contact and support. An ethical and empathetic defense attorney will not prejudge, taking the time to hear your side of the story and making every effort to present your best case.
If you are being investigated for possessing child pornography or for committing any other sexual offense, Michael S. Probst of the Probst Law Office may be able to help. He offers free consultations, so call him at (614) 232-8890 or schedule an appointment online.
