Child Pornography Defense Attorney in Dayton

Sex crimes involving children are among some of the most severe, and society punishes them harshly with sentences like prison time and mandatory sex offender registration. Many of these crimes involve pornographic photos and videos of children obtained online. Given how ubiquitous the internet is in modern life, it is not uncommon for someone to accidentally click on a link, inadvertently download illegal materials, and face a child porn accusation.

If you are currently facing child pornography charges in Dayton, it is imperative you speak to a criminal defense attorney at Moermond & Mulligan, LLC ASAP. The consequences of a child porn conviction can be life-destroying, but an attorney can defend you against the charges. You might not have known about the images or thought the subjects in them were of legal age — whatever the truth, we can build a strong defense attesting to your innocence and seek a case dismissal or negotiate with the prosecution for a charge reduction.

Call Moermond & Mulligan, LLC today at (937) 228-9790 or contact us online to speak to a child porn sex crimes defense attorney in Dayton.

Types of Child Porn Offenses in Dayton

Those who receive child porn criminal charges in Ohio are usually charged under one or more of these three statutes:

• Pandering Obscenity Involving a Minor (ORC 2907.321)
• Pandering Sexually Oriented Matter Involving a Minor (ORC 2907.322)
• Illegal Use of Minor in Nudity-Oriented Material or Performance (ORC 2907.323)

These three statutes make it illegal to knowingly possess, solicit, sell, produce, distribute, furnish, facilitate, or view sexually obscene material depicting a minor or depicting a minor engaging in a sexual act or bestiality. This is a broad definition and could include a wide range of physical and digital materials. Offenders may also be charged with other crimes related to the possession or production of child porn, like child endangerment or human trafficking charges.

What Is the Punishment for Child Pornography in Ohio?

The punishments for child porn charges in Dayton can vary from a fifth to a second-degree felony, depending on the circumstances, the amount of the materials, and the presence of other factors, such as whether you simply possessed or created the materials. The punishments for child porn felony charges in Ohio are as follows:

• Fifth-degree. Six to 12 months in prison, $2,500 max fine
• Fourth-degree. Six to18 months in prison, $5,000 max fine
• Third-degree. Nine months to three years in prison, $10,000 max fine
• Second-degree. Two to eight years in prison, $15,000 max fine 

Ohio law also requires that those who produce child porn with the intent to further human trafficking are also subject to mandatory prison terms as stated in ORC 2941.1422. Mandatory prison sentences for producing child porn with the intent to further trafficking depend on the level of the offense. In addition to any criminal penalties, child porn offenders must register with the Ohio state sex offender registry.

A child porn conviction can also cause you to lose your job, especially if you work closely with children and young people. Society has a strong stigma against child sex offenders, meaning a conviction can destroy your reputation and irreparably harm relationships.

Federal Child Pornography Charges

In addition to state charges, you may also receive federal-level charges for child pornography crimes. Federal criminal charges are exceptionally severe as they can carry minimum mandatory penalties. Prison terms for federal child pornography charges can range from five to 30 years, depending on prior convictions, the amount of materials, and the commission of other crimes, such as trafficking. For instance, a first-time child porn production charge under 18 USC 2251 can carry a minimum 15 years sentence in a federal prison. Federal authorities could potentially give a separate charge for each image someone possesses.

Generally speaking, the federal government becomes involved in state criminal cases when the activity crosses state lines. In the case of child porn activities, this could involve sending or receiving pictures through the US mail system or another interstate common carrier. In cases of child porn downloaded from the internet, federal jurisdiction almost always applies, especially if the computer or materials used to furnish or store those images crossed state lines.

Legal Defenses Against Child Pornography Charges

Child pornography charges are an extremely serious matter, but there are defense strategies that can successfully beat or mitigate the charges.

Unintentional Possession

 The law requires one to knowingly possess sexual images involving minors to get child pornography charges. If you didn’t know about the images or intend to obtain them, then you may not be guilty of a violation. It is possible to accidentally download illicit images on the internet by clicking shady links or visiting unsecured websites. A malicious actor may have also put the images onto your person or device without your knowledge. The key to this defense is determining how the images were obtained and whether the accused had knowledge of them.

Entrapment

Entrapment is a term for when law enforcement encourages an individual to commit a crime they would not have committed otherwise. In order for an entrapment defense to hold, the accused must show the officer did more than just present an opportunity but unduly pressured them into breaking the law. This type of defense could become relevant in something like a sting operation where the police pose as someone selling child pornography.

Not Child Pornography

It is also possible that law enforcement and the prosecution incorrectly labeled any materials you possessed as child porn. You can defend yourself against child porn charges if you can prove that the individuals depicted in the materials were at least 18 years old when they were created or produced. Nude images of minors may also not be child pornography if they share legitimate scientific or educational purposes. For instance, a doctor possessing images of a nude may not be guilty if those images have a legitimate medical or diagnostic purpose.

Good Faith Defense

Federal law explicitly defines an affirmative defense to child porn possession charges if the accused possessed less than three illicit images, took reasonable steps to promptly destroy them, and did not share them with anyone except law enforcement (18 USC 2252).

Illegal Search and Seizure

Police must always follow the rules when searching and seizing personal property. If the police illegally search your home or car, any evidence they find is not admissible in court. Even if the evidence is incriminating, if it was obtained illegally, then it cannot feature in a court of law. If the police violated your rights, your attorney could suppress any evidence they find linking you to child pornography crimes.

Child Porn Defense FAQ

Below are some of the most common questions we receive about child pornography charges and punishments in Ohio.

Is Sexting Involving Minors a Child Pornography Offense?

Yes, any sexting involving a minor is a child pornography offense in Ohio, even if both parties involved are under 18. For instance, if one minor sent a nude photo of themselves to their partner, who is also a minor, the sender could receive child porn criminal charges, despite the fact that both parties knowingly participated. Now, prosecutors and judges have discretion to pursue these cases, and many of them do not end in criminal charges. However, there have been some cases in Ohio where courts have found a minor guilty of pandering obscenity involving a minor for sending nude images over text.

How Does the Ohio Sex Offender Registry Work?

The Ohio sex offender registry classified offenders into three tiers depending on their conviction. Offenders in each tier must periodically re-register. The tier classifications and registration periods are:

• Tier I: Register every 12 months for 15 years. Offenses: Sexual imposition, pandering obscenity, enticement with sexual motivation.
• Tier 2: Register every 18- days for 25 years. Kidnapping with sexual motivation, gross sexual imposition,
• Tier 3: Register every 90 days for life. Rape, sexual battery, felonious assault with sexual motivation. 

Generally, child porn convictions require the individual to register as a Tier II sex offender. Offenders must provide their home address, work address, vehicle registration, and local sheriff’s office.

Can I Expunge a Child Pornography Conviction in Ohio?

No, crimes involving child pornography are ineligible for expungement in Ohio. ORC 2953.32 explicitly excludes sex crimes from the list of expungable offenses. A child porn conviction will show up on background checks.

Criminal Defense Attorney for Child Porn Charges in Dayton

Child porn crimes are serious, and the outcome of your trial can have far-reaching consequences on your freedoms and liberties. Moermond & Mulligan, LLC has over 50 years of collective experience representing the accused in Dayton and has the skills, resources, and tenacity to defend your rights. We understand the severe nature of child porn charges and can effectively represent you at trial to push back against the prosecution and seek a case dismissal or charge reduction. We have experience working with child pornography cases and can help mitigate the worst outcomes of a child porn criminal conviction, such as sex offender registration.

Contact us online or call today at (937) 228-9790 to speak to a child pornography defense attorney in Dayton.

Last Updated: 04-08-2025