Top Rated Pandering Criminal Defense Lawyer in Cleveland, Ohio
The State of Ohio classifies three (3) types of “pandering” offenses as serious felonies, with escalating consequences if minors or impaired persons are involved.
These offenses range from felonies of the fifth degree to felonies of the second degree. If convicted, they may carry prison time, fines, as well as mandatory sex offender registration for decades. If accused of any type of pandering offense, it is important to consult with an experienced attorney who handles these types of cases.
Pandering Obscenity – Section 2907.32
Under Ohio Revised Code § 2907.32, pandering obscenity, no person, with knowledge of the character of the material or performance involved, shall:
– Create, reproduce, or publish any obscene material;
– Promote or advertise for sale, delivery, or dissemination any obscene material;
– Create, direct, or produce an obscene performance;
– Advertise or promote an obscene performance for presentation; or,
– Buy, procure, possess, or control any obscene material.
“Obscene” material refers to content whose primary appeal is prurient, depicts sexual activity or nudity in a lustful way, involves extreme or scatological elements, or overall lacks scientific, educational, moral, or artistic value.
However, an affirmative defense does exist if the material or performance involved was disseminated or presented for a medical, scientific, educational, religious, governmental, judicial or other proper purpose by or to a physician, psychologist, sociologist, teacher, librarian, clergyman, prosecutor, judge, or other person having a proper interest. This defense can shield a defendant against conviction completely.
The offense is a felony of the fifth degree, but if the individual is a previous offender of this charge, then they are charged with a felony of the fourth degree.
Pandering Obscenity Involving a Minor or Impaired Person – Section 2907.321
The penalties become more severe when the obscene material involves a minor (under 18) or someone who is impaired (whose capacity to consent or resist is compromised by mental or physical condition or advanced age). Under Ohio Revised Code § 2907.321, pandering obscenity involving a minor or impaired person, no person, with the knowledge of the character of the material or performance involved, shall:
– Create, reproduce, or publish any obscene material that has a minor or impaired person as one of its participants or portrayed observers;
– Promote or advertise for sale or dissemination any obscene material that has a minor or impaired person as one of its participants or portrayed observers;
– Create, direct, or produce an obscene performance that has a minor or impaired person as one of its participants;
– Advertise or promote for presentation, present, or participating in presenting an obscene performance that has a minor or impaired person as one of its participants;
– Buy, procure, possess, or control any obscene material, that has a minor or impaired person as one of its participants; or,
– Bring or cause to be brought into this state any obscene material that has a minor or impaired person as one of its participants or portrayed observers.
The affirmative defense stated above applies to this charge as well. However, a mistake of the individual’s age is not a defense to this charge. The trier of fact may infer that a person in the material or performance involved is a minor or impaired person if the material or performance, through its title, text, visual representation, or otherwise, represents or depicts the person as a minor or impaired person.
This offense may be charged as a felony of the second degree, a felony of the third degree, or a felony of the fourth degree. In general, offenses involving a minor are felonies of the second degree, offenses involving an impaired person are felonies of the third degree, and mere possession is a felony of the fourth degree.
Pandering Sexually Oriented Matter Involving a Minor or Impaired Person – Section 2907.322
Under Ohio Revised Code § 2907.322, pandering sexually oriented matter involving a minor or impaired person, no person, with knowledge of the character of the material or performance involved, shall:
– Create, record, photograph, film, develop, reproduce, or publish any material that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality;
– Advertise for sale or dissemination any of this sort of material;
– Create, direct, or produce a performance that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality;
– Advertise for presentation, present, or participate in presenting a performance of this sort of material;
– Knowingly solicit, receive, purchase, exchange, possess, or control any of this sort of material;
– Bring or cause to be brought into this state any of this sort of material; or,
– Bring, cause to be brought, or finance the bringing of any minor or impaired person into or across this state with the intent that the minor or impaired person engaging in sexual activity, masturbation, or bestiality.
The same affirmative defense stated above applies to this charge as well, and mistake of the individual’s age here is also not a defense. This offense may be charged as a felony of the second degree, a felony of the third degree, or a felony of the fourth degree, depending on conduct and prior convictions.
You’re Charged with Pandering – Now What?
If you’re facing accusations of a sex crime, you’re no doubt overwhelmed and filled with uncertainty. Pandering is a serious charge that jeopardizes one’s freedom and can have a devastating and lasting impact on their future. An experienced criminal defense attorney can evaluate your case and determine how to challenge the validity of the prosecution’s claims and begin to implement a mitigative, treatment-based approach.
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