Lawyer in Lisbon, OH specializing in Disseminating Matter Harmful to Juveniles.
Youngstown Criminal Law Group, a leading legal powerhouse in Lisbon, OH, is renowned locally and nationally for its exceptional defense expertise in disseminating matters harmful to juveniles cases. With a distinguished track record as the top Lisbon sex crimes lawyers in Ohio, we proudly hold the gold standard as the 2020’s Client’s Champion, among other prestigious accolades. Over the years, we have successfully championed more than 15,000 defense cases, demonstrating an unwavering commitment to justice.
At Youngstown Criminal Law Group, our mission is to provide unparalleled legal representation, fiercely safeguarding the rights of our clients. Engage the services of our dedicated Lisbon sex crimes lawyers, who will skillfully navigate the complexities of your case and ensure your rights are protected at every step.
Building Your Strong Defense
Recognizing the unique needs of each client, our compassionate team at Youngstown Criminal Law Group meticulously investigates every aspect of your case, leaving no stone unturned. We are committed to presenting the strongest defense possible when charged with disseminating harmful material to a juvenile. If you or someone you know is facing criminal charges in Lisbon, count on us to guide you through the entire process of constructing your defense.
The consequences of these charges can be severe, impacting your record significantly. Rest assured, our Lisbon prostitution attorneys are masters at navigating the intricate legal landscape, leveraging their expertise to fight tirelessly on your behalf. Allow us to help you build a compelling defense strategy that effectively addresses the charges you are facing.
Call Youngstown Criminal Law Group today at 330-992-3036 for a complimentary consultation. Our dedicated team is ready to assist you, committed to meeting your legal needs with unparalleled dedication and professionalism.
Disseminating Harmful Material to Minors Charges: An Overview
Under Ohio Revised Code § 2907.31, disseminating harmful material to a minor constitutes a criminal offense. The severity of the charges faced by the defendant depends on factors such as the age of the minor and the nature of the material involved.
This code encompasses a range of “harmful material,” which includes:
- Books
- Newspapers
- Posters
- Pictures
- Videos
- Emails
- Text messages
- Social media messaging
Depending on the circumstances, charges can vary from misdemeanors to fourth-degree felonies. When constructing a defense against these charges, it is vital to collaborate with a skilled defense attorney capable of delving deep into the material and claims at hand. Attention to detail is paramount to avoid unnecessary escalation of charges.
Sexual misconduct charges involving a minor carry heightened levels of scrutiny and judgment. Safeguarding your rights becomes of utmost importance, regardless of the charges. Facing these allegations alone is ill-advised. Building a robust defense entails more than simply disproving the prosecution’s case.
Disseminating Harmful Material to Minors: A Definitive Explanation
The Definition of Disseminating Harmful Material to Minors, as outlined in the Ohio Revised Code § 2907.01, refers to material that depicts nudity, sexual conduct, sexual excitement, or sado-masochistic abuse. While such material may not be classified as obscene for adults, it becomes harmful to minors when exposed in an inappropriate setting. To elaborate, material deemed obscene and harmful generally encompasses sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty, or brutality, lacking any significant literary, artistic, political, or scientific value for juveniles.
Disseminating, in this context, signifies the act of sharing, distributing, sending, or presenting this material. It is vital to note that any presentation, offer, or exposure of obscene material to minors may result in felony charges. Depending on the circumstances, disseminating harmful material may entail lesser charges, but it remains illegal nonetheless. To ensure compliance with the law, it is imperative to understand and adhere to these regulations.
Ohio Penalties for Disseminating Harmful Material to Minors
When facing charges related to disseminating harmful material to minors, different approaches can be taken based on the specific factors of the case. These factors will also determine the penalties that individuals may face. It is important to note that if a defendant was unaware that the minor was under the age of 18, the only way to present this in court is by providing evidence that demonstrates the minor provided false proof of age to the defendant. Such evidence could include a license, birth certificate, or any other form of identification that misled the defendant into believing that the minor was of legal age. Alternatively, defendants cannot rely on the defense of not knowing the victim’s age.
In cases where the material is deemed harmful but not obscene, there are additional affirmative defenses that can be utilized, including:
- If the parents or guardians of the minor were present and provided consent for the material to be presented.
- If the material was used for a legitimate purpose, such as medical, scientific, educational, governmental, judicial, or any other appropriate purpose, by a qualified professional.
- If a person distributed the material via a mass distribution method, such as the internet, without having or being able to obtain information indicating that the recipients were juveniles.
However, if a defendant is found guilty of the charges, the following penalties may apply depending on the circumstances:
- Dissemination of harmful material to a minor is considered a first-degree misdemeanor, punishable by a maximum of six months in jail and fines of up to $1,000.
- Dissemination of obscene material to a minor is classified as a fifth-degree felony, carrying a minimum of six months in prison, a maximum of one year, and possible fines of up to $2,500.
- Dissemination of obscene material to a minor under 13 years old is regarded as a fourth-degree felony, with a minimum of six months in prison, a maximum of 18 months, and potential fines of up to $5,000.
The EARN IT Act: Enhancing Online Safety and Combating Child Exploitation
The EARN IT Act, officially known as the Eliminating Abusive and Rampant Neglect of Interactive Technologies Act, plays a crucial role in safeguarding online environments. It mandates prominent companies, such as Google, Facebook, and Microsoft, to promptly report any instances of child sexual abuse materials (CSAM) that they come across while scanning data transmitted through their servers. Despite its noble intent, the EARN IT Act has been met with some resistance due to concerns that these data acquisition methods may encroach upon individuals’ Fourth Amendment rights.
To address these concerns, the Act has undergone several revisions to ensure precise language usage, reducing the likelihood of evidence dismissal. The information collected on these servers is then conveyed to the National Center for Missing and Exploited Children (NCMEC). Here, it is meticulously compared to their extensive database of documents, facilitating the identification and tracing of instances involving the sexual exploitation of minors.
Protecting Your Rights: How Youngstown Criminal Law Group Can Defend You
Facing sexual misconduct charges is an incredibly trying experience, with far-reaching effects on your daily life. It can strain personal relationships, limit your rights, and hinder your professional opportunities. But you don’t have to face it alone.
At Youngstown Criminal Law Group, we understand the importance of safeguarding your rights in the face of any penalties you may encounter. Our dedicated team is committed to identifying and exploiting the weaknesses in the prosecution’s case, devising a tailored strategy to achieve the best possible outcome on your behalf.
With ever-evolving legislation aimed at combatting child sex trafficking and predatory behavior, staying informed can be challenging. Rest assured, our firm is always up to date with legal developments, ensuring we can effectively protect our clients and build robust defenses throughout the trial process.
Don’t wait any longer. Contact us today to kick-start your defense. We offer a free consultation, giving you the opportunity to explore your options with nothing to lose.
FAQs on Disseminating Harmful Material to Minors in Ohio
Q: What does “disseminating harmful material” to minors mean?
A: It refers to the unlawful act of offering, selling, displaying, or giving pornographic or obscene material, such as books, videos, messages, photos, etc., to individuals under the age of 18.
Q: Will I have to register as a sex offender if charged with disseminating harmful material to minors?
A: Yes, if found guilty of disseminating harmful material to minors, registration as a sex offender is mandatory. Any individual charged with sexual misconduct involving a minor and found guilty will be subjected to sex offender registration.
Q: What happens if the offender of disseminating matter harmful to a juvenile is also a minor?
A: The consequences depend on the circumstances of the case. Generally, these cases are considered misdemeanors, but due to minors being involved, there is a lot at stake. It is highly recommended to consult with a professional defense lawyer to discuss your specific situation. For a free consultation, reach out to Youngstown Criminal Law Group.
Q: Will disseminating harmful material to minors in Ohio lead to imprisonment if found guilty?
A: There are various penalties depending on the specifics of your case. If the material is not deemed obscene and it’s your first offense, you might face a misdemeanor charge. However, for repeat offenders or if the material is obscene and involves a minor under the age of 13, the maximum punishment could be 18 months in prison with a possible $5,000 fine.
Q: What sets harmful material apart from obscene material?
A: Harmful material encompasses sexually explicit content that may not be considered obscene for adults, such as nudity or certain sexual activity. Obscene material, on the other hand, primarily focuses on sexual arousal without any scientific or educational purpose and typically involves explicit sexual activities.
Q: What happens if I was unaware that the material was being provided to a minor?
A: Ohio Revised Code § 2907.31(D)(2)(a)(b) offers protection for those who distribute such material via the internet or in business-related sales. The law states that a defense can use an affirmative defense against charges of disseminating matter harmful to a juvenile if the seller or distributor either “has inadequate information to know or have reason to believe that a particular recipient is a minor,” or “the method of mass distribution does not provide the person the ability to prevent a specific recipient from receiving the information.”
Lawyer Specializing in Dissemination of Harmful Matter to Minors
Reaching out to a Disseminating Harmful Matter to Minors Lawyer is crucial when facing such a significant allegation alone. The potential consequences are severe, and your future hangs in the balance. By retaining the services of a professional Lisbon prostitution attorney, you take a responsible step towards protecting yourself. Their expertise could be the key difference between a prison sentence and the dismissal of your case.
For a free consultation, contact the Youngstown Criminal Law Group today at 330-992-3036. Our dedicated team is committed to defending clients against these serious sex crime charges while minimizing any collateral damage that may ensue. We will work relentlessly to help you build a robust defense strategy, providing the support you need during these challenging times.