In Cleveland, it is a crime to photograph or transmit images of a minor in a state of nudity unless you are the child’s parent, or the material is part of a bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or other proper purpose, and the minor’s parent or guardian provides written consent.
Violation of Illegal Use of Minor in Nudity-Oriented Material or Performance (O.R.C. 2907.323) is a felony that includes several parts.
For instance, the statute also makes it a crime for parents or guardians to consent to the photographing of a minor for uses that are not bona fide proper purposes.
Finally, possessing or viewing material showing a minor in a state of nudity is a crime, unless the minor is your own child, or the material in question is part of a bona fide proper purpose to which the parents or guardians have consented.
Penalties vary, but in general, prosecutors in Cleveland will grade charges against those responsible for creating and disseminating prohibited material as Second Degree Felonies (up to 8 years in prison) and those who consume these types of materials as Fifth Degree Felonies (up to 12 months).
Those with previous criminal records may be charged with Fourth Degree Felonies instead, and face sentences of 18 months.
At Patituce & Associates, we know how spectacularly damaging charges related to child pornography can be, even if they are never proven. Contact us if you need help with a illegal use of a minor in nudity-oriented material or performance charge in Cleveland.
We get out in front of this situation and protect you to the fullest amount allowed by law. The penalties that could result because of a case related to child pornography charges like illegal use of a minor in nudity-oriented material are devastating.
Call us today at (440) 471-7784 for a free consultation with an experienced Cleveland sex defense attorney regarding the use of nudity-related performance or materials involving minors.