Pandering obscenity is the current manner in which the state of Ohio defines
child pornography. Virtually all charges of pandering obscenity involve an individual who
is accused of trading this material over the Internet using either a peer-to-peer
style network, chat forums, or private chat systems. The material can
involve anyone the state considers to be a child or under the age of 18.
It often depicts the subject of the video in sexual and other horrible
Penalties for Pandering Obscenity (O.R.C. 2907.32)
The penalty for conviction under the pandering obscenity statute in Cleveland
is a 6-12 month sentence. As a fifth degree felony, you’ll have
to deal with the ramifications of a felony record. This means that you’ll
be required to report this on job applications, leasing applications,
for college admissions, and various other official forms.
If you’ve been convicted of pandering obscenity in the past, you’ll
be charged with a fourth degree felony, and face a sentence of up to 18
months. Pandering charges are often used to target retail establishments
that are selling lawful material to adults. These cases can have important
ramifications well beyond whether or not the person charged faces jail
time or other sanctions.
What Type of Plea Deal Can I Expect?
When potential clients call in, they typically have three standard questions:
- Am I going to prison forever?
- Is there anything you can do to help me?
- How much do you cost?
We represent individuals all over Ohio who have been arrested on pandering
obscenity charges. The first question almost always comes down to what
type of plea deal is acceptable to the client. What type of plea can you
expect on pandering charges? That depends on a number of factors, from
the specific county to the precise subject matter – graphic, violent,
age are all important factors.
Each count in state court typically carries with it 2 to 8 years in prison.
So if you have 100 videos you could theoretically be facing 800 years
in prison. However, that type of sentence is virtually never handed out.
A typical plea will focus on having the person plea to a combination of
counts. But before you do that why not take a shot at defending yourself?
Aggressive defense can actually help the prosecutor make you a better
offer – I know, I used to be one.
Can You Get Probation for Pandering Obscenity?
The good news is that it
is possible to get probation for pandering obscenity in Ohio, it is just
incredibly difficult. It is important to hire an experienced defense attorney
if you have been charged with this crime. Pandering obscenity carries
the presumption of prison but that means a skilled lawyer may be able
to overcome that presumption to help you obtain probation. To overcome
the presumption of prison your attorney might show that you have no record,
contribute to society, are not a threat to society, are not likely to
repeat, and that this was an isolated incident.
Pandering Obscenity Involving a Minor
If you have been arrested, either by state or federal authorities, for
pandering obscenity involving a minor, you need to immediately retain
the services of a skilled and experienced criminal defense attorney. Most
cases involving pandering obscenity involving a minor, also known as child
pornography, have been investigated by the police and FBI for many months
leading up to your arrest. While this does not mean that you are going
to lose your case but you need immediate defense.
After your arrest you are likely to be held for a minimum of three days,
if it is a state level case, and if it is a federal case you could be
held indefinitely pending the formal filing of charges. In state level
cases you face the possibility of two to eight years in prison per charge.
In the federal system they make use of the federal sentencing guidelines
along with mandatory minimum sentences of five, ten, or fifteen years
in most cases.
Take the First Step in Your Case by Calling Us Now
An experienced criminal defense attorney can help you avoid felony penalties
and push back against the charges you’re facing. If you or a family
member have been arrested for pandering obscenity charges, call Patituce
& Associates for a free consultation with an experienced defense attorney.