Defenses to Child Pornography Charges in Cincinnati, OH
These days, it is easier than you might think for an innocent person to face child pornography charges. Computer viruses and cybercriminals can invade your laptop without your knowledge. Rumors spread quickly, and before you know it, you are fighting to defend your name and reputation from false accusations, mistaken identity, or the work of a computer hacker.
Joslyn Law Firm is one of the most recognized criminal defense law firms in Cincinnati. We have helped resolve more than 20,000 cases for individuals from all walks of life and fighting child pornography charges is just one of the many types of battles we have taken on to protect our clients. There are several potential defenses to child pornography charges in Cincinnati, Ohio, and we will fight for the best possible outcome for your case.
Our Firm Is Ready to Fight for You
Cases involving child-related crimes can quickly become overwhelming. Facing such charges can affect your relationships, career, and stance within your community. It is easy to feel emotional, frustrated, and defensive, making it even more difficult to fight for your own rights.
Our founder, award-winning attorney Brian Joslyn, understands how an innocent person can get swept into the criminal justice system. As a young adult, Brian was the victim of police brutality. He had to fight to clear his name, and this began his lifelong pursuit of justice for others in similar situations.
Attorney Joslyn and his legal team have won multiple awards and honors, including:
- Ten Best Attorneys – The American Institute of Criminal Law Attorneys
- Rising Star – Super Lawyers
- Top 25 Criminal Trial Lawyers – National Trial Lawyers
- Top Ten Attorneys – American Jurist Institute
- Lead Counsel Rated
The firm’s many professional associations include the Ohio State Bar Association, the American Bar Association, the National Association of Criminal Defense Lawyers, and the Ohio Association for Justice.
Let us prepare your defense against child pornography charges to help clear your name, keep you from serving time, and prevent you from the burden of a sex offender label. Call Joslyn Law Firm now for a free, confidential consultation: (513) 399-6289.
Defenses to Child Pornography Charges in Cincinnati, OH Information Center
- Overview of Child Pornography
- Child Pornography and the Internet
- Ohio Child Pornography Statutes
- Federal Child Pornography Statutes
- Defenses to Child Pornography Charges
- Resources for Child Pornography Charges
- News Stories on Child Pornography Charges
- FAQs about Child Pornography Charges
- Attorney for Child Pornography Defenses in Cincinnati, OH
Overview of Child Pornography
The United States Department of Justice (DOJ) defines child pornography as “any visual depiction of sexually explicit conduct involving a minor (persons less than 18 years old).”
There are federal and state laws that prohibit the production, distribution, importation, possession, or reception of any image of child pornography.
Child Pornography and the Internet
The internet, social media, apps, and other digital exchanges have made it easier for individuals to sexually exploit children in photos, images, and videos. This creates a permanent record of child sexual abuse that can be sold, shared, and distributed to infinity via the internet and social media.
The easy access to these images also means that even an innocent person could be unfairly accused of child pornography under specific circumstances. If you have ever had a computer virus, you know that unexpected and unwanted files can find their way to your hard drive. Even if you delete them, a computer forensic expert can retrieve them.
Although the burden of proof is on the state (or the federal government) to show you are guilty beyond a reasonable doubt, it can be difficult to fight these charges. Moreover, the slightest allegation of child pornography often has life-altering effects. Hiring a defense lawyer on our team could provide the support you seek if you face such charges.
Ohio Child Pornography Statutes
It is illegal under Ohio law to create, produce, share, transport, receive, or possess child pornography. Claiming freedom of speech under the First Amendment does not apply to child pornography, according to the 1990 U.S. Supreme Court ruling in Osborne v. Ohio. The State of Ohio echoes the federal government by considering child pornography as a form of child sexual exploitation, which is also illegal.
This chart explains the primary statutes that address child pornography charges in Ohio.
| Statute | Description | Penalty | Mandatory Sex Offender Registration? |
| Ohio Revised Code § 2907.321: | Pandering obscenity involving a minor or impaired person | Felony in the fourth or second degree | Yes |
| Ohio Revised Code § 2907.322: | Pandering sexually oriented matter involving a minor or impaired person | Felony in the fourth or second degree | Yes |
| Ohio Revised Code § 2907.323: | Illegal use of a minor or impaired person in nudity-oriented material or performance |
Felony in the fourth or second degree | Yes |
Certain charges of pandering obscenity or sexually oriented matter that involves a minor could also classify as a third-degree felony when the case involves a repeat offense. Neither “mistake of age” nor protected speech are defenses against these charges.
Federal Child Pornography Statutes
There are two federal statutes concerning child pornography. These laws are also mirrored in the Uniform Code of Military Justice.
Sexual Exploitation of Children
The federal statute 18 U.S.C. § 2251 gives details for offenders charged with producing any visual depiction of sexually explicit content involving a minor.
These visual images do not have to depict a child engaging in sexual activity; the law applies to any image that shows sexually explicit conduct or manner.
If you are convicted of federal statute 2251, you face fines and a minimum of 15 years in prison for a first offense. Subsequent offenses or material that depicts sexual assault or violence on a minor will result in more extended imprisonment.
Material Involving the Sexual Exploitation of Minors
Federal statute 18 U.S. Code § 2252 pertains to collecting, distributing, and transporting sexually explicit content involving minors. The minimum prison term for a first-time offender is five years, plus fines. Again, prison terms increase for repeat offenders and for material that is sadistic or abusive.
You could be facing state and federal felony charges. Therefore, it is imperative to have a strong legal advocate who can help you fight for the best possible outcome.
Defenses to Child Pornography Charges
Child pornography charges affect both the defendant and their loved ones. It may seem hopeless to fight against these charges, but there are some viable defenses. Our team at Joslyn Law Firm is committed to mounting a vigorous defense specific to each client’s case.
Common defenses against child pornography charges include the following:
- The content fails to meet the legal definition of child pornography. The alleged child pornography must meet the legal standard, which is sexually exploitive content of children who may or may not be naked. Such content does not include images of legal adults dressed to look like children, certain drawings and films, and content used for scientific and educational purposes.
- The content does not belong to the defendant. This defense may be effective if the alleged pornographic images were found on a computer or printer that the defendant shares with It would be relatively easy for someone with a grudge against the defendant to download the content and then notify law enforcement.
- The content is the result of malware or a computer virus. Despite firewalls and antivirus software, malware, spam, and viruses can still find their way onto an innocent person’s computer. Sometimes a “Trojan horse” virus can appear to be an ordinary download when it is actually downloading child pornography and other illegal material.
- The defendant has a mental illness or addiction. A person can be addicted to child pornography or have a mental illness that could explain this behavior. For individuals with a history of mental illness or cognitive impairment, this could be an effective defense.
- The defendant was tricked by law enforcement. Sometimes an overachieving police officer may trick an individual into downloading or accepting child pornography. This scenario is called entrapment, and it can be a viable defense.
We’ve provided additional information about possible defenses for child pornography charges in the following sections.
Unsecured Wireless Access Defense
Unsecured Wi-Fi (wireless) networks can be an invitation to unsavory individuals who use your internet access for downloading child pornography. That is what happened in 2017 to a Clintonville couple who were accused of downloading such material. According to the Columbus Dispatch, a 27-year-old man used the couple’s unsecured Wi-Fi network to download thousands of pornographic images of minors.
While the Clintonville couple was lucky enough to escape false charges, others are not as lucky. Unsecured wireless networks—or those with easy passwords (such as “0000”)—may provide a gateway for criminals who want to download child pornography at the expense of an unsuspecting individual.
Unintentional Downloading Defense
Another possible defense to child pornography charges is that the defendant unintentionally downloaded the images. When you consider how many emails some people receive every day, it is feasible that someone could accidentally receive child pornography through an email. Some spambots trigger an automatic download even if you accidentally click on a hyperlink.
A criminal defense lawyer from our firm may also assert that the defendant was viewing pornographic images with legal and consenting adults and did not intend to view images of children.
Illegal Search and Seizure Defense
The Fourth Amendment of the United States Constitution protects citizens with the right to “be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…”. In other words, law enforcement must have probable cause to secure a search warrant from a judge or magistrate. A defense lawyer can suppress evidence that is the result of an illegal search and seizure.
In the case of State v. Castagnola, the Ohio Supreme Court reversed a judgment by the Ninth District Court of Appeals to overrule a motion to suppress evidence from a search that had no probable cause.
There may be grounds for an illegal search and seizure defense if a police officer lied to obtain a warrant or went beyond the scope of the warrant.
Resources for Child Pornography Charges
Citizen’s Guide to U.S. Federal Law on Child Pornography – This Department of Justice website provides comprehensive information about federal child pornography charges. There are statistics, historical background, and information on crimes that occur outside of the United States but can still be prosecuted by federal law enforcement agencies.
The site also has links about child sex trafficking, sex offender registration, and an online form to report potential child pornography producers, distributors, or victims.
Child Pornography Victim Assistance – The Federal Bureau of Investigation (FBI) has a Child Pornography Victim Assistance program that is a centralized source for information on identified victims.
Federal statutes require that victims should be notified each time their images appear in a sex crimes case. This is overwhelming for many young victims, so the Child Pornography Victim Assistance program seeks to keep individuals informed but in a more measured approach.
Child Welfare Information Gateway – The U.S. Department of Health and Human Services operates the Child Welfare Information Gateway to report online child pornography or exploitation. The site also offers resources to connect individuals to national and international agencies that help protect children and identify potential perpetrators.
Ohio Attorney General’s Crimes Against Children Initiative – This investigative unit is part of the Ohio Attorney General’s Office. It provides help to local authorities throughout Ohio in cases that involve sexual violence, child pornography, human trafficking, and other crimes against children. The agency also gives 24/7/365 assistance for investigations and victim care.
Franklin County Internet Crimes Against Children (ICAC) Task Force – Since this collaborative task force began in 2009, it has investigated 2,500 child pornography cases, executed over 850 search warrants, and made over 700 arrests on both state and federal felony charges. The ICAC also identified and located more than 300 child victims to get them the help they need from local, state, and federal organizations.
National Clearinghouse on Homeless Youth and Families – Child pornographers often prey on homeless youth with the promise of money and security. The National Clearing House is a nationwide resource for organizations that aid children and their families with homelessness, adolescent pregnancy, and domestic violence.
Justice Journal from Ohio Crime Victim Justice Center – The Ohio Crime Victim Justice Center publishes a monthly journal with current information about victims’ rights. Their focus is helping all victims, including children. Approximately 41 percent of violent crimes in Ohio are against children. Their website has a victims’ assistance program, toolkit, and FAQ.
News Stories on Child Pornography Charges
Mar 10, 2021: “Local Man Facing Child Pornography Charges Following Search of Home”
An 18-year-old Sebring resident was arrested on charges of pandering obscenity involving a minor or impaired person. Officers obtained a search warrant after getting information from the Ohio Internet Crimes Against Children Task Force. The defendant, Cameron Schmid, was taken to jail.
May 13, 2021: “55-year-old Dover Man Arrested on Federal Child Porn Charges”
A Brenton Cronebach Jr., 55, of Dover, was arrested on federal child pornography charges after the FBI’s Canton Resident Agency Crimes Against Children Task Force searched his home. Working on a tip received by the National Center for Missing and Exploited Children, the investigators discovered thousands of images depicting child pornography on flash drives.
May 26, 2021: “Prosecutor’s Office Names 31 Suspects Arrested in Ohio Child Sex Sting”
Michael O’Malley, a prosecutor in Cuyahoga County, released the names and photos of 31 suspects who were arrested in a child sex sting. Operation “Déjà vu” resulted in the arrest of suspects ranging in age from 20 to 80 who believed they were meeting children for sexual activities. Over 100 people have been arrested in similar sting operations for the past four years.
FAQs about Child Pornography Charges
Is child pornography a federal or a state crime?
Child pornography charges can be prosecuted by Ohio state prosecutors or in federal court. In some cases, an individual may face conviction for federal and state charges.
What should I do if I accidentally downloaded images depicting child pornography?
You can call a criminal defense lawyer if you unintentionally downloaded child pornography. You could be exempt from arrest for self-reporting in certain circumstances.
What images are considered child pornography?
Federal statutes consider images that show naked children or children engaging in sexually explicit conduct to be child pornography. It is illegal to produce, possess, transport, and distribute child pornography.
What should I do if I am being investigated by police for child pornography?
You can call our team to hire a criminal defense lawyer immediately if you have been contacted by any law enforcement agency (local, state, or federal) about a child pornography investigation.
Attorney for Child Pornography Defenses in Cincinnati, OH
Innocent people can be falsely accused of child pornography. It may be in your best interest to hire a lawyer who knows how to build defenses to child pornography charges. Our team in Cincinnati, OH, can protect your rights and create a strategy to fight for the best outcome possible.
You want to do everything possible to avoid conviction and clear your name. An attorney with Joslyn Law Firm can help make that happen. Call (513) 399-6289 for a free consultation.
