Ohio has laws to protect minors from content considered inappropriate or harmful. These regulations cover various formats and aim to restrict access for individuals under 18, with significant consequences for violations.
Understanding these laws is important because unintentional violations can lead to criminal charges. It’s necessary to be aware of what is prohibited and the legal outcomes of such offenses in Ohio.
Objectionable Material
Ohio law defines matter harmful to juveniles as content inappropriate for those under eighteen. According to Ohio Revised Code Section 2907.01, for material to be considered harmful, it must, when taken as a whole, predominantly appeal to the prurient interest of juveniles, be patently offensive to prevailing adult community standards regarding suitability for minors, and be utterly without redeeming social importance for them.1Ohio Laws. Section 2907.01 – Ohio Revised Code Prurient interest is defined as a shameful or morbid interest in nudity, sex, or excretion. This standard applies across different types of media.
Printed Matter
Printed materials like books, magazines, and other physical publications are subject to these restrictions. If these items contain depictions or descriptions of sexual conduct or nudity that meet the legal definition of harmful matter, distributing them to a minor is prohibited.
Digital Media
The legal standards for harmful material also apply to digital media, such as electronic files, images, videos, and online content. Ohio’s definition of matter includes digital formats that arouse interest through sight, sound, or touch.
Live Performances
Live performances, including stage shows, dances, or other exhibitions presented to an audience, are also regulated. If a live event shown to an audience that includes minors features content meeting the criteria for matter harmful to juveniles, such as depictions of nudity or sexual conduct, it is prohibited.
Criminal Classification
Disseminating matter harmful to juveniles in Ohio, as detailed in Ohio Revised Code Section 2907.31, has specific criminal classifications.2Ohio Laws. Section 2907.31 – Ohio Revised Code These depend on the material’s nature and the juvenile’s age. If the material is harmful to juveniles but not legally obscene, the offense is a first-degree misdemeanor.
If the material disseminated to a juvenile is legally obscene under Ohio law, the offense becomes a fifth-degree felony.
The classification is more severe if obscene material is disseminated to a juvenile under thirteen, making the offense a fourth-degree felony. Prior convictions for similar offenses can also lead to enhanced charges.
Penalties
Penalties for disseminating matter harmful to juveniles correspond to the offense’s criminal classification. A first-degree misdemeanor can result in a jail term of up to 180 days and a fine of up to $1,000.3Ohio Laws. Section 2929.24 – Ohio Revised Code
If the material is obscene, leading to a fifth-degree felony, penalties can include a prison term of six to twelve months and a fine up to $2,500.4Ohio Laws. Section 2929.14 – Ohio Revised Code Courts may impose fines with or instead of prison.
Disseminating obscene material to a juvenile under thirteen is a fourth-degree felony. This carries a potential prison term of six to eighteen months and a maximum fine of $5,000. These are maximum penalties, and courts consider various factors in sentencing, potentially including other sanctions like community control.
Defenses
Ohio law offers specific affirmative defenses to a charge of disseminating matter harmful to juveniles. These include situations where:
- The accused is the parent, guardian, or spouse of the juvenile.
- The juvenile was accompanied by their parent, guardian, or spouse when the material was disseminated.
- The material was disseminated for a legitimate scientific, medical, educational, or governmental purpose.
- The accused made a reasonable and honest attempt to verify the juvenile was eighteen or older by checking an official identification card.
- The accused was an employee (like a motion picture projectionist or broadcast technician) acting in a non-managerial role within their employment scope, with no financial interest in the business beyond salary and no control over the material’s content.
Criminal Records
A conviction for disseminating matter harmful to juveniles in Ohio results in a criminal record maintained by the Ohio Bureau of Criminal Investigation (BCI), which can have lasting consequences.5Ohio Attorney General Dave Yost. Identification Division Charges that do not lead to a conviction may also appear on this record.
Both misdemeanor and felony convictions become part of a permanent public record unless successfully sealed. Misdemeanor records in Ohio do not automatically disappear over time.
Ohio law permits the sealing of some criminal records, removing them from public view on most background checks, although certain agencies retain access. Sealing is the term used for adult convictions, as complete erasure is not standard.
Eligibility for sealing a record for disseminating matter harmful to juveniles is restricted. Ohio Revised Code Section 2953.36 specifies offenses that cannot be sealed.6Ohio Laws. Section 2953.36 – Ohio Revised Code Convictions under Section 2907.31 (disseminating matter harmful to juveniles) involving a victim under eighteen are not sealable. This restriction also applies to related offenses involving a minor victim, such as displaying matter harmful to juveniles (Section 2907.311), pandering obscenity (Section 2907.32), and deception to obtain matter harmful to juveniles (Section 2907.33).
If an offense related to this topic were eligible for sealing, waiting periods and a court application process would apply.7Ohio Laws. Section 2953.32 – Ohio Revised Code However, given the restrictions, this is uncommon for these specific offenses. A sealed record is not completely erased and can sometimes be accessed by specific entities or considered in future sentencing.