Ohio law protects minors from inappropriate content by defining what is considered harmful, outlining prohibited actions and penalties, and establishing legal exceptions. Understanding these boundaries is important for anyone distributing content that could be accessible to individuals under 18.
Defining “Matter Harmful to Juveniles” in Ohio
Ohio law defines “matter harmful to juveniles” based on whether the material, taken as a whole, would be considered by average adults to appeal to the prurient interest of minors. The term “juvenile” in this context refers to an unmarried person under the age of 18.
The law focuses on descriptions or representations of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse. For material to be classified as harmful, it must portray these subjects in a manner that is patently offensive to prevailing standards in the adult community regarding what is suitable for minors. The content must also lack serious literary, artistic, political, or scientific value for juveniles.
This definition applies to a wide range of formats, including books, pictures, videos, and electronic communications. The state’s definition aims to regulate materials specifically inappropriate for a younger audience, distinguishing them from materials that may be considered obscene for adults.
What Actions Constitute “Dissemination”
The act of “dissemination” under Ohio law includes a broad range of actions that involve providing harmful material to a minor. The statute makes it illegal to sell, deliver, furnish, provide, exhibit, rent, or present such material to a person under 18. This includes direct physical transfers and allowing a minor to review content you control.
A central element of this offense is that an individual must have “knowingly” had knowledge of the material’s character or content. The statute also requires that the act of dissemination be done “recklessly,” meaning the person disregards a known risk that their conduct is likely to result in providing harmful material to a juvenile.1Ohio Laws. Section 2901.22 – Ohio Revised Code
These prohibitions apply to various methods of distribution, including in-person exchanges and electronic transmissions. Ohio law specifically addresses the digital realm, making it clear that sending harmful material via the internet can constitute illegal dissemination.
Penalties for Violating Ohio’s Dissemination Law
Penalties for disseminating matter harmful to juveniles in Ohio vary based on the material and the offender’s history. A first-time violation, where the material is harmful but not legally obscene, is a misdemeanor of the first degree.2Ohio Laws. Section 2907.31 – Ohio Revised Code A conviction can result in a maximum jail sentence of six months and a fine of up to $1,000.
If the material is classified as “obscene” under Ohio’s separate legal definition, the offense is elevated to a felony of the fifth degree. This carries a potential prison sentence of six to twelve months and a fine of up to $2,500. A prior conviction for the same offense also elevates a subsequent charge to a fifth-degree felony.
Penalties are most severe when the victim is very young. If the disseminated material is obscene and the juvenile who receives it is under 13, the violation becomes a felony of the fourth degree. A conviction for disseminating matter harmful to juveniles also requires the individual to register as a Tier I sex offender.
Exceptions Recognized by Ohio Law
Ohio law provides for situations where distributing material that might otherwise be considered harmful to juveniles is not a criminal offense. These are established as affirmative defenses, meaning the defendant has the burden to prove their actions fit within a legally protected category. One exception applies to parents, guardians, or the spouse of the juvenile who received the material.
The law also creates an exception for materials used for legitimate purposes. An individual can present an affirmative defense if the material was provided for a bona fide medical, scientific, educational, governmental, or judicial purpose. This defense is available to professionals acting in their official capacity, such as physicians, psychologists, teachers, librarians, and prosecutors.
For this defense to apply, the person providing the material must be a “proper person” in the context of the purpose. For example, a teacher using anatomical diagrams in a health class would likely be covered. The law recognizes that content harmful in one context can be appropriate in another, particularly in educational or medical settings.