Ohio Child Pornography Laws

Ohio takes the crime of child pornography seriously. According to the Ohio criminal code, it’s illegal to produce, disseminate, receive, or possess child pornography. Until recently, most child pornography cases — child sexual abuse material (CSAM) — involved tangible pictures and videotapes. But with the advent of the internet and social media, many recent cases center around electronic forms of CSAM.

If you’re facing CSAM charges, you should get to know Ohio’s child pornography laws. A conviction of a child pornography offense often carries a prison sentence, fines, and mandatory registration on the Ohio Sex Offender List. Once an offender registers as a sex offender, they usually stay on the list for life.

Here, we’ll discuss the child pornography laws in Ohio. We will also explain the penalties for this crime. Finally, we will discuss the potential defenses to CSAM under Ohio law.

What Counts as Obscene Material?

Ohio law makes it illegal for someone to view, possess, create, reproduce, or disseminate obscene material containing a visual depiction of a minor (or mentally impaired person.) The judge or jury in your case will determine whether the material is obscene based on the nature of the content and the sexual activities taking place in the photograph, video, or related material.

Examples of obscene material include:

• Sexual intercourse
• Masturbation
• Excretion or urination for sexual gratification or stimulation
• Lewd fondling or caressing
• Images of a minor in a sexual position
• Sexting and exchanging sexually explicit photographs or videos

If law enforcement finds any of this material in your possession or catches you disseminating or selling this content, they will arrest you for CSAM.

Penalties for Child Pornography Crimes in Ohio

A conviction of possession of child pornography, distribution of child pornography, or any other crime involving sexually explicit conduct with a minor carries severe penalties. Regardless of the facts of your case, a child pornography conviction will result in a felony.

Depending on the nature of the content and the circumstances of your CSAM case, the state may charge you with a second-degree felony, a third-degree felony, or a fourth-degree felony. These charges may result in jail time, fines, and sex offender registration.

Ohio law treats any sex crime with a minor as a second-degree felony. If the victim is someone with a mental impairment, the charges will be for a third-degree felony. Any defendant who commits a second child pornography offense will face third-degree felony charges.

Ohio’s Child Pornography Laws at a Glance

The following table highlights the main provisions of Ohio child pornography laws. See Cyber Crimes, Sex Crimes, and Crimes Against Children for more information.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Federal Child Pornography Crimes

Child pornography is also a federal crime. Federal laws addressing child pornography include:

• 18 U.S.C. § 2251 — Sexual exploitation of children (production of child pornography)
• 18 U.S.C. § 2251A — Selling and buying of children
• 18 U.S.C. § 2252 — Sexual exploitation of minors
• 18 U.S.C. § 2252A — Certain activities relating to material constituting or containing child pornography
• 18 U.S.C. § 2260 — Production of sexually explicit depictions of a minor for importation into the United States

Consult a Child Pornography Defense Attorney in Ohio

If you’re facing child pornography charges in Ohio, you should consult a skilled criminal defense lawyer. The penalties for these crimes are severe and will affect the rest of your life. An experienced sex crime attorney can help prepare your defense and achieve the best possible outcome.