Criminal Defense for Residents of Cuyahoga County & Ohio
One of the most frantic moments in our clients’ lives is when the police have executed a search warrant on their house and accused them of a crime. Most of our clients have no experience with the police—have never been in trouble before—and are now facing the possibility of decades in prison. Reach out to a Cleveland child pornography defense attorney.
There are, generally speaking, two types of defendants:
- People who got caught up with the wrong people and made a mistake
- People who are innocent and had no idea the material was on their computer
Defending these cases is incredibly difficult—often involving a lot of anger and emotion. On top of that, and in large part due to political pressures, there are many judges who sentence on the high end of the sentencing spectrum. These cases also span state and federal law—and it is important that you go with an attorney who knows how to handle both types of systems. In the federal courts, for instance, you may be facing a mandatory minimum sentence of 15 years of pandering charges depending on the type of case you have.
What is Child Pornography?
Child pornography laws are articulated at both the federal and state levels in the United States, and the specific legal definitions and penalties can vary. Here’s a look at what constitutes child pornography under Ohio law and Federal law:
Under Ohio Law
Ohio Revised Code (ORC) § 2907.322 and § 2907.323 specifically address child pornography, often referred to as the “illegal use of a minor in nudity-oriented material or performance.”
- Visual Material Involving Minors: Ohio law prohibits the creation, possession, or dissemination of any material that shows a minor in a state of nudity or engaging in sexual activity.
- Nudity-Oriented Material: Unlike some other jurisdictions, Ohio law also covers nudity, not just sexually explicit conduct, if the purpose of the nudity is sexual arousal or gratification.
- Age of the Minor: The law applies to any depiction of a person under 18 years of age. This is consistent with federal law.
- Possession and Distribution: Ohio law makes it a crime to knowingly create, reproduce, publish, sell, or transport any material that falls under this definition. Possession with intent to sell or share is also prohibited.
- Penalties: The offense may be classified as a felony, with the degree of the felony varying based on the nature of the conduct and whether there are prior convictions.
Under Federal Law
Federal law addresses child pornography under 18 U.S.C. § 2251, § 2252, and § 2252A.
- Visual Depiction of Minors: Federal law prohibits any visual depiction of a minor engaging in sexually explicit conduct, which includes not only sexual acts but also a lascivious exhibition of the genitals or pubic area.
- Real or Simulated Images: This includes photographs, videos, digital media, and even computer-generated images that are indistinguishable from real children.
- Production, Distribution, Receipt, and Possession: Federal law covers a wide range of activities, including creating, sharing, receiving, or merely possessing child pornography.
- Interstate and International Aspects: Federal jurisdiction often comes into play when the materials have been transported across state or international lines, including via the Internet.
- Penalties: Convictions under federal law can result in substantial imprisonment, fines, and mandatory registration as a sex offender.
While there is substantial overlap between Ohio and federal laws concerning child pornography, there can be differences in the specifics of what is prohibited and the associated penalties. Anyone facing charges related to child pornography, whether under Ohio law or federal law, should seek the counsel of an experienced criminal defense attorney well-versed in this highly specialized area of law. Legal representation is essential to navigate the complex legal landscape and to ensure that the rights and interests of the accused are fully protected.
Child Pornography Charges in Cleveland, Ohio
Child pornography is considered a serious crime in both the federal system and under the Ohio Revised Code, and the prosecution of a child pornography case is handled with the utmost severity. In Cleveland, law enforcement agencies are increasingly vigilant about monitoring illicit materials, including child pornography, and work in conjunction with federal authorities to pursue those involved in the distribution of child pornography.
Charges related to child pornography can range from a degree felony to a second-degree felony, depending on the nature of the offense. The federal system, including federal courts and federal prosecutors, may also be involved if the case includes aspects like peer-to-peer file-sharing programs used for the dissemination of illegal images, including nudity-oriented material, sexually explicit content, and visual depictions involving prepubescent children. The Ohio Revised Code strictly defines what is considered child pornography, even including certain forms of adult pornography if it portrays sexual stimulation in a manner considered as sexual exploitation.
If a defendant knowingly possessed or engaged in the distribution of child pornography through peer-to-peer networks or other file-sharing programs, they might face serious penalties, including mandatory minimums under federal law. Even a wrongful act like unknowingly downloading such materials can lead to a child pornography charge, making this a highly complex and delicate area of law.
Potential defenses may involve challenging the legality of searches conducted by law enforcement or disputing that the defendant committed the act in question. Issues such as illegal search and the precise nature of the visual depiction can be crucial in building a defense against both state court and federal level charges.
Our Cleveland child pornography defense attorneys understand the intricacies of these cases, both in the federal system and according to Ohio law. We are committed to providing free consultation and guidance through the process, whether your case involves allegations of illegal material, nudity-oriented material, or other illicit materials related to sexual exploitation.
With prior convictions having a significant impact on sentencing, it’s imperative to consult with an experienced attorney well-versed in legal defenses against these serious crimes. If you or someone you know is facing a child pornography charge, whether it involves a degree felony or second-degree felony, our team is here to provide knowledgeable guidance and legal assistance. Contact us today for a free consultation and take the vital first step in protecting your rights and reputation.
If Convicted of Child Pornography, Will I Go to Prison?
Child pornography charges, or pandering obscenity involving minors, carry with them a possible prison sentence of 2 to 8 years per charge on a state level. On the federal level, these sentences can range from a minimum of 5 to 15 years, or possibly life in prison.
In Ohio, child pornography charges include the following:
- Ohio Revised Code §2907.321: Pandering obscenity involving a minor
- Ohio Revised Code §2907.322: Pandering sexually oriented matter involving a minor
- Ohio Revised Code §2907.323: Illegal use of a minor in nudity-oriented material or performance
These charges are serious and mean you have to aggressively defend yourself. However, it is important to note that in cases we have defended, we have found that there are mistakes in the case that the government is not even aware of. One such example was a case where a roommate was using the computer while our client was overseas—clearly not guilty of the event.
In another case, the file, or peer-to-peer, sharing software was set up incorrectly, causing files to auto-upload without the person’s consent. These cases take an aggressive, experienced Cleveland child pornography defense attorney to fight. Many cases involve tens or even over a hundred charges. At 2 to 8 years in prison per charge, you cannot afford to go cheap or inexperienced. Call today to see how we can help you.
Pandering Obscenity to a Minor (ORC 2907.321)
If you have been charged with pandering obscenity to a minor, you need to immediately hire the best Cleveland defense lawyer that you can. This charge was formerly known as pandering obscenity involving a minor; informally, this is known as child pornography. Many of our clients are charged with this crime as a result of using a file-sharing program such as LimeWire, LemonWire, eMule, and other similar services. Task force agents send out a “ping” across the internet looking for the files and then download the file without the defendant even knowing.
Ohio’s obscenity laws state a conviction under 2907.321 carries penalties involving a prison sentence of 2 to 8 years per charge, and many of these cases involve multiple charges, so a person could face decades in prison if convicted. In addition to this, those convicted will be required to participate in mandatory sex offender registration, with the potential to need to register as sex offenders for the rest of their lives. We can help. Get in touch with our child pornography lawyers today.
Illegal Use of Minor in Nudity-Oriented Material or Performance (O.R.C. 2907.323)
If you are caught producing, selling, or possessing obscene material that features minors, you will be looking at charges that can take away your freedom and destroy your life. Anyone charged under illegal use of minors in nudity-oriented material or performance is facing a felony if convicted-and, in most cases, the charge is one of several that you will be fighting.
Those who create materials that fall under O.R.C. 2907.323, including those adults who consent to allow their children to be used in them, will be charged with a second-degree felony and face two to eight years in prison.
If you have been convicted under this section before, you’ll face a stricter sentence that leaves you ineligible for parole for as long as 8 years. Those who possess such materials will be charged at the fifth-degree felony level, with a sentence of between 6–12 months available. If there are previous convictions, you’ll face a fourth-degree felony charge, with a maximum sentence of 18 months.
Child Pornography and Federal Law
The Anti-Child Pornography Act is a series of legal statutes aimed at combating the creation, distribution, and possession of child pornography. These laws have been enacted in many jurisdictions around the world, and there is substantial international cooperation to tackle this serious issue.
In the United States, the laws against child pornography are rooted in several federal statutes, including the Protection of Children Against Sexual Exploitation Act of 1977, the Child Pornography Prevention Act of 1996 (CPPA), and the PROTECT Act of 2003.
The CPPA, for example, broadened the definition of child pornography to include not only visual depictions of actual minors engaged in sexually explicit conduct but also images that appear to be minors or that are advertised to convey the impression that the material includes minors. This addressed the emerging problem of “virtual” child pornography created through digital manipulation.
The PROTECT Act further strengthened the laws by eliminating the requirement that the material must depict an actual child, as long as it is a “visual depiction” that is “indistinguishable” from a minor. This closed legal loopholes that previously allowed offenders to escape prosecution.
Under these laws, child pornography is defined to include a wide range of material, including photographs, videos, digital media, and even drawings. Possession, creation, distribution, or solicitation of child pornography is considered a serious federal crime, and it is punishable by severe penalties, including substantial prison sentences and heavy fines.
In addition to federal laws, individual states have their own statutes targeting child pornography. These state laws often mirror federal regulations, but can include additional provisions specific to each state.
The fight against child pornography also involves extensive cooperation between various law enforcement agencies, both within the United States and internationally. This includes the FBI, the Department of Homeland Security, Interpol, and others. They work together to track, investigate, and prosecute individuals involved in child pornography, employing techniques such as monitoring peer-to-peer networks and conducting sting operations.
The laws against child pornography recognize the severe harm that the creation and distribution of such material cause to children. They reflect society’s commitment to protecting children from sexual exploitation and abuse.
If you or someone you know is facing charges related to child pornography, it is crucial to understand the specific laws in your jurisdiction and to seek legal counsel with experience in this highly specialized area of criminal law. The penalties are severe, and the legal landscape is complex, requiring a defense that fully understands both federal and state statutes.
Federal Child Pornography Charges in Cleveland, OH
One of the most devastating charges an individual can face is a conviction under child pornography federal law. Depending on which section of the code you are charged with, you could face a minimum of 5, 10, or 15 years in federal prison. That’s right.
According to federal child pornography laws, child pornography is defined as an image or video of a minor (under 18 years old) being involved in sexually explicit conduct. The U.S. Constitution’s Commerce Clause gives Congress the authority to regulate interstate and international commerce. In other words, you will face federal charges if the illicit materials, the devices used to store illicit materials, or even the camera used to film or photograph child pornography crosses state or country lines—either online or by mail.
If you are accused of various child pornography charges, not only do you have a mandatory minimum prison sentence, but you also face the real possibility of being put in prison well beyond the minimum. Sentencing in these cases is far different than in the state system. In the state system, you face definite periods of time between probation or 2-8 years in prison per count. In the federal system, your sentence can be greatly increased based on the facts of your case.
For example, the following can lead to a longer sentence:
- If you are accused of using a computer;
- If the age of the victims in the pornography is very young;
- If there are multiple videos and photos; or
- If you show no remorse regarding the crime.
Conversely, there are certain extremely specific reasons that a judge might depart below the mandatory minimums. These are specific defenses that need to be discussed with your Cleveland child pornography defense attorney.
Types of Federal Child Pornography Charges
Common types of federal child pornography charges include:
- Production of children (18 USC § 2251)
- Selling and buying of children (18 USC § 2251A)
- Possessing, receiving, or distributing child pornography (18 USC § 2252)
- Certain activities in relation to material containing or constituting child pornography (18 USC § 2252A)
- Production of sexually explicit depictions of children to import into the U.S. (18 USC § 2260)
Penalties for Federal Child Pornography Offenses
Statistically, only convictions for sexual abuse, murder, and hostage-taking have longer sentences than child pornography convictions. Those convicted of sexual abuse, on average, receive a sentence of 125 months versus 121 months for child pornography.
In the federal system, a defendant is facing a 5-year mandatory minimum jail sentence. The situation does not improve under federal sentencing guidelines, either. The typical defendant in a child pornography distribution case will start at level 22, which is 41–51 months. However, that number rapidly goes up with upward variances that affect most people charged with child pornography distribution.
How Does the Potential Jail Time Go Up So Quickly?
If you or your loved one is charged, the government can increase the guideline sentence by:
- 2 levels for a prepubescent minor
- 2 levels for use of a peer-to-peer file-sharing program for distribution
- 4 levels if there was any sexual contact with the child
- 2 levels for the use of a computer
- Up to 5 levels for the number of images
Now, instead of looking at 41–51 months (or even the 60-month minimum under the statute), the defendant is at level 37, which means a possible sentence of 210–262 months of federal time. That means if you are the typical defendant, you are facing 20 years in jail, minimum.
Even if you did not know that you were sharing child pornography images, but using a peer-to-peer network such as LimeWire, you may have inadvertently allowed others to download those images. An attorney who will help you through what can be an embarrassing situation is essential.
You need someone prepared to fight for you. Our Cleveland child pornography defense lawyers can listen to your concerns and know how to face off with the government in these complex cases.
Probation for Child Pornography & Pandering Charges
Every month, we see stories in the news about a government sting where several individuals were arrested as part of a “ring” producing child pornography. Often, we receive, understandably, frantic phone calls from the people who were arrested or their families. Almost every call involves how much time the person faces if convicted, and the numbers are often quite scary. For instance, in typical pandering or child pornography cases, the defendants are facing multiple counts, with each count requiring a prison sentence of between 2 and 8 years in prison.
The judges also are in a tough position because the public hates child pornography crimes, which put an incredible amount of pressure on them to sentence accordingly. This does not mean that you will go to prison if convicted, but it makes the chances of getting probation even harder to obtain. That is why it is important that you hire an experienced, skilled criminal lawyer to defend you. If, for instance, in a child pornography conviction with 10 counts of child pandering-assume only 10 pictures or 10 videos-in state court, you are looking at a possible sentence of up to 80 years — even if this is your first offense. In federal court, the calculation is completely different.
Contact a Child Pornography Lawyer to Fight for Your Rights
Don’t leave your life in the hands of an attorney that won’t fight for you, call us today for a confidential, pressure-free consultation. Ask to speak to our Cleveland criminal defense lawyers about making sure that you are in the best position when facing child pornography charges. We proudly serve Cleveland, Dayton, Columbus, and the greater Ohio area and have a reputation as lawyers who will not back down for our clients.
We do not believe you should have to pay for a consultation over the phone or at our office. Call now to set up a free consultation concerning your case. Should you choose to work with an experienced criminal defense attorney from our firm, we will guide you through every step of the process and ensure that we deliver the highest quality representation for your case. Additionally, we are flexible regarding payment and accept cash, check, money orders, and all major credit cards.
Call (440) 471-7784 or contact us online today to discuss your case with our Cleveland federal child pornography attorneys and learn about your legal rights and options.
Patituce & Associates, LCC — Cleveland Office
600 Superior Avenue East,
Suite 1358
Cleveland, OH 44114