Ohio takes allegations involving matter harmful to juveniles very seriously. These charges can arise in a wide range of situations—from how materials are displayed or shared, to accusations involving dissemination, access, or deception.
These laws are intended to protect minors, but they are often applied broadly and aggressively. In many cases, people are charged even when the conduct was unintentional, misunderstood, or involved gray areas of the law. Business owners, employees, parents, and private individuals can all find themselves facing criminal accusations.
If you’ve been charged, you should talk to an experienced defense attorney who understands Ohio law and how to challenge the state’s case. At Patituce & Associates, we provide knowledgeable, strategic defense for people accused of these crimes.
We know how prosecutors interpret and apply these laws and how courts assess evidence. Our job is to protect your rights, explain the charges in plain language, and develop a defense crafted to your situation.
The top three reasons why people in Ohio choose Patituce & Associates are:
- Attorney Patituce is one of only 8 board-certified criminal trial lawyers in Ohio.
- Our attorneys are former prosecutors with decades of combined experience.
- Our attorneys have taken cases to jury trials more than 400 times.
Displaying Matter Harmful to Juveniles
Under Ohio Revised Code § 2907.311, a person may be charged with displaying matter harmful to juveniles if they “display at a commercial establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.”
In practical terms, this offense typically arises when someone in charge of a store, business, or other location exposes materials that contain content inappropriate for minors, like certain sexually explicit publications, videos, or imagery, where they can be easily seen by minors without restriction.
Retailers, bookstores, convenience shops, and even online sellers can find themselves accused if the state believes they failed to take reasonable steps to prevent minors from seeing offensive material.
In some cases, material may not be considered in violation if it is:
- Behind “blinder racks” or similar devices that cover most of the content
- Wrapped, boxed, or otherwise behind a counter
- Covered or positioned so that the portion that is harmful to juveniles is not open to minors’ view
This means that how the material is displayed can make the difference between lawful and unlawful conduct under Ohio law.
Penalties for a First-Degree Misdemeanor
A violation of § 2907.311 is classified as a misdemeanor of the first degree.
A first-degree misdemeanor may be punished by:
- Up to 180 days in jail
- Fines of up to $1,000
The court may also impose other conditions such as community control, counseling requirements, or restitution. Not every case results in jail, but the possibility is real, and the existence of a conviction on your record can affect employment opportunities, housing applications, professional licenses, and background checks long after the case is resolved.
Disseminating Matter Harmful to Juveniles
Disseminating matter harmful to juveniles (ORC 2907.31) in Ohio is a charge centered around the idea that you, as an adult, provided to a juvenile material considered harmful or obscene, or access to performances considered harmful or obscene. The charge can be filed even if you actually provide the material in question to a law enforcement officer posing as a juvenile. The grade of the charge varies based on the specific material in question.
The associated penalties for disseminating matter harmful to juveniles charges are typically based on a first-degree misdemeanor, which can carry a six-month jail sentence.
Material that is considered obscene, when provided to juveniles, constitutes a felony of either the fifth-degree (12 months maximum prison sentence) or the fourth-degree (18 months maximum prison sentence), depending on the child’s age.
Deception to Obtain Matter Harmful to Juveniles
A related but distinct offense in Ohio is deception to obtain matter harmful to juveniles, codified in Ohio Revised Code § 2907.33. This law makes it unlawful to falsely represent that you are the parent, guardian, or spouse of a minor—or to provide false identification—to help a juvenile obtain harmful material or gain admission to a harmful performance.
Key points about this criminal offense are:
- It is usually charged as a second-degree misdemeanor.
- A second-degree misdemeanor carries a maximum of 90 days in jail and fines up to $750 under Ohio misdemeanor sentencing law.
- If a juvenile commits the offense by falsely claiming to be 18 or older, they may be adjudicated an “unruly child” under juvenile court procedures instead of facing adult criminal penalties.
Because this offense focuses on intentional deception, the available defenses differ somewhat from standard display or retail cases and often involve context, knowledge, and proof that no misleading conduct occurred.
Protect Your Rights & Your Future By Calling Now
Allegations involving matter harmful to juveniles—whether related to display, dissemination, or deception—should never be taken lightly. These charges can carry jail time, significant fines, and long-term consequences that follow you well beyond the courtroom. Even misdemeanor convictions can affect employment, professional licensing, housing opportunities, and background checks for years to come.
If you are facing any matter harmful to juveniles charge in Ohio, you deserve a defense team that understands both the letter of the law and how it is enforced in real cases. An experienced attorney can evaluate whether the material actually meets the statutory definition, assess whether legal exceptions apply, identify weaknesses in the prosecution’s evidence, and fight for reduced charges or dismissal when possible.
At Patituce & Associates, we defend individuals accused under Ohio’s matter harmful to juveniles laws with careful analysis, strategic advocacy, and trial-ready representation. You don’t have to face this process alone.
For trusted legal guidance and a defense strategy grounded in Ohio law and experience, contact us online or call (440) 771-1175 now.
