Child Porn Defense - Pandering

In cases involving child pornography, defendants are often charged with pandering. In those instances, pandering does not only include the selling and distribution of child pornography. In the Ohio Revised Code, § 2907.322 titled “pandering sexually oriented matter involving a minor or impaired person” criminalizes a wide range of actions.

The statute starts out: “(A) no person, with knowledge of the character of the material or performance involved, shall do any of the following:”

1. Create, record, photograph, film, develop, reproduce, or publish any material that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality;
2. Advertise for sale or dissemination, sell, distribute, transport, disseminate, exhibit, or display any material that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality;
3. Create, direct, or produce a performance that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality;
4. Advertise for presentation, present, or participate in presenting a performance that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality;
5. Knowingly solicit, receive, purchase, exchange, possess, or control any material that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality;
6. Bring or cause to be brought into this state any material that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality ;
7. Bring, cause to be brought, or finance the bringing of any minor or impaired person into or across this state with the intent that the minor or impaired person engage in sexual activity, masturbation, or bestiality in a performance or for the purpose of producing material containing a visual representation depicting the minor or impaired person engaged in sexual activity, masturbation, or bestiality.

As you can see, this statute covers nearly any action involving child pornography. This includes involvement in the creation of the content, publishing, advertising, selling, distributing, participating in sexual acts, presentation, receipt and possession, and transporting minors into the state to name a few.

The complexity of the law and severity of the penalties involved necessitate contacting an experienced criminal defense attorney immediately.  However, the culture of sentencing for non production defendants, i.e. those guilty of simple possession and/or distribution, is changing and judges are more agreeable to considering lower sentences with even the possibility of probation. An offender must take advantage of all possible factors to mitigate the offense and receive the best possible sentence. If you find yourself charged with a crime relating to child pornography, call criminal defense attorney Joe Edwards at 614-412-2641