Super Lawyers
Expertise 2020
Expertise 2021
Avvo Rating 10
Avvo Clients' Choice
National College for DUI Defense
Lead Counsel
Top 40
PACDL
NAOCDL

Displaying Content Harmful to Minors in Youngstown, OH

In Youngstown, OH, you might notice that some magazines at the grocery store have plastic covers. These covers hide most of the front page, leaving only the title visible. This is done to stop young people from seeing inappropriate images or topics that aren’t meant for their age, like sexually explicit material.

Understanding Ohio’s Rules on Harmful Material

Ohio has strict rules about exposing minors to inappropriate content. According to Ohio Revised Code § 2907.311, if someone knowingly shows pornography or similar obscene material to juveniles, they can face serious legal trouble, including charges related to sex crimes.

At the Youngstown Criminal Law Group, we have extensive experience handling cases involving sex crime allegations. Here is how a Youngstown criminal lawyer from our team approaches these situations:

  • Detailed Case Review: We examine every aspect of your case to build a strong defense strategy.
  • Skillful Negotiation: We communicate with prosecutors to find plea deals that could reduce your potential penalties.

Are You Facing Charges?

If you have been accused of showing harmful material to minors, the Youngstown Criminal Law Group is ready to defend you. Our mission is to clear your name, prevent heavy fines, and keep you out of jail. Call us today at (330) 992-3036 for a free consultation to discuss your situation.

Ohio’s Laws on Harmful Displays to Juveniles Explained

In Ohio, it is illegal to display certain materials to anyone under the age of 18. These laws exist to shield young people from content deemed inappropriate for them. Ohio Revised Code § 2907.311 outlines these rules, highlighting that violating them is a serious offense.

Daily Violations Add Up

It is important to know that every single day you are found in violation of this law counts as a separate offense. If a Youngstown DUI attorney were to explain this, they would note that if the violation continues over several days, the charges—and penalties—can stack up quickly.

What Business Owners Need to Know

Responsibilities for Sellers and Distributors

Businesses in Youngstown that sell items considered obscene must ensure that minors cannot access them. This might involve keeping these items behind a counter, sealing them in opaque wrappers, or placing “blinders” over the covers to hide the content.

Defining “Harmful Matter”

According to Ohio Revised Code § 2907.01(E), harmful matter for juveniles includes any content that depicts or describes nudity, sexual activity, sexual excitement, or abuse, provided it:

  • Appeals to the prurient interest of minors;
  • Is offensive by modern standards regarding what is appropriate for minors; and
  • Has no genuine scientific, political, artistic, or literary value.

Examples of Prohibited Material

A Youngstown criminal lawyer will tell you that many different items can be classified as harmful matter, such as:

  • Any physical object that excites through sight, sound, or touch, including digital text or images on screens (like tablets, TVs, or computers) or stored on digital devices.
  • Books
  • Magazines
  • Newspapers
  • Pamphlets
  • Posters
  • Prints
  • Pictures
  • Figures
  • Descriptions
  • Films
  • Records
  • Tapes

Penalties for Displaying Harmful Material

If you are caught displaying harmful material to juveniles, it is generally charged as a first-degree misdemeanor. A conviction can result in:

  • Up to 180 days in jail;
  • Fines up to $1,000.

However, if the court decides the material is legally obscene, the charge can be upgraded to a fifth-degree felony. A Youngstown DUI attorney knows this could lead to:

  • Up to 12 months in prison;
  • Fines as high as $2,500.

This highlights why it is critical to understand and follow these laws to avoid harsh punishments.

Who Can Face Charges?

Business owners can be charged if their store displays obscene materials to minors. Individuals can also face charges for:

  • Pretending to be a guardian to help a minor get access to restricted material.
  • Providing fake IDs or documents to make a juvenile appear 18 or older.

How Evidence is Collected

Charges usually start with a report from a concerned parent, guardian, or community member. Law enforcement might gather evidence such as:

  • Photos or videos showing displays without proper covers.
  • Pictures proving minors accessed the prohibited content.
  • Statements from juveniles who saw the material.
  • Undercover operations where officers pretend to be minors.

Understanding the serious nature of displaying matter harmful to juveniles in Ohio is vital. Implementing safeguards is not just a suggestion; it is a legal necessity to protect the community.

Steps to Take if Arrested for Displaying Harmful Content

Being arrested for this offense can be overwhelming. Here is a guide from a Youngstown criminal lawyer on how to protect your rights immediately after an arrest:

  1. Stay Calm: Getting angry or panicking will only make things worse.
  2. Remain Silent: Politely refuse to answer questions until you have a lawyer.
  3. Ask for an Attorney: Clearly state that you want to speak with your attorney and will not answer questions without them.

Why Silence is Crucial

At Youngstown Criminal Law Group, we respect the police officers who work hard to protect Mahoning County. However, even well-intentioned officers are doing their job when they try to get you to talk without a Youngstown DUI attorney present.

The Right to Remain Silent

The Fifth Amendment protects you from self-incrimination. Police might suggest that asking for a lawyer makes you look guilty. In reality, it shows you understand your rights and the legal system, and that you know you need a professional advocate on your side.

Defending Against Charges

If you are accused of these crimes, contact an experienced attorney immediately. Even as a misdemeanor, you could face jail time and fines.

Potential Defense Strategies

  • You did not know the material was accessible to a minor.
  • You were unaware the material was visible.
  • You were entrapped or targeted by police.
  • You were not read your Miranda rights.
  • You believed the material had significant artistic, political, or scientific value.

A Youngstown criminal lawyer can build a defense tailored to your specific case facts.

Resources for the Accused

Here are some helpful resources regarding sexual exploitation and assault laws:

  • Office of Criminal Justice Services (OCJS): A database for crime stats, focusing on sexual violence.
  • Ohio Alliance to End Sexual Violence (OAESV): Works with law enforcement to improve responses to sexual crimes and support survivors.
  • National Center on Sexual Exploitation (NCOSE): dedicated to ending all forms of sexual exploitation.
  • Substance Abuse and Mental Health Services Administration (SAMHSA): Offers a helpline and referrals for mental health treatment, including help for sexual addiction.
  • Sexual Assault & Domestic Violence Prevention Program: Supported by the Ohio Department of Health, offering services for victims and funding prevention programs.

Understanding your rights and available resources is the first step in navigating an arrest for displaying harmful content.

Frequently Asked Questions (FAQs)

What counts as material harmful to juveniles?

Harmful material includes text or images that depict sexual acts, nudity, sexual excitement, or sexual violence.

What should I do if police question me about this?

Tell the police you are exercising your right to remain silent and want to call a Youngstown DUI attorney immediately. Do not answer questions or make statements without your lawyer.

Am I liable if my employee lets a minor view harmful material?

Yes, as a supervisor, you can be held responsible for your employee’s actions, even if you didn’t know about them. You could also face civil lawsuits from parents based on vicarious liability.

What are the penalties for this offense?

Showing harmful material to an unmarried person under 18 is a first-degree misdemeanor (up to 180 days in jail, $1,000 fine). If the material is deemed obscene, it becomes a fifth-degree felony (up to 1 year in prison, $2,500 fine).

What happens if I ignore a warning about my displays?

Every day you violate the law counts as a separate charge. A Youngstown criminal lawyer will warn you that jail time and fines accumulate with each additional day of violation.

Retail businesses have a legal duty to protect minors from harmful content. Failing to do so can lead to prosecution. If you are facing charges, you need a skilled attorney to defend you.

Youngstown Criminal Law Group is experienced in representing clients accused of sexual offenses and works hard to clear their names.

For a free case review, contact the Youngstown Criminal Law Group at (330) 992-3036.

Client Reviews

Sean is the best criminal defense lawyer ever! He answered all questions and returned all calls and texts. He was informed. He was attentive and got us an outcome that we never expected! Want someone who will fight for you and protect your rights? If yes, then Sean Logue is the attorney you want on...

Former Client

Sean is the best criminal defense lawyer ever! He answered all questions and returned all calls and texts. He was informed. He was attentive and got us an outcome that we never expected! Want someone who will fight for you and protect your rights? If yes, then Sean Logue is the attorney you want on...

Former Client

Attorney Logue represented me well and took care of my legal issues superbly. He is a no-nonsense, very knowledgeable and well respected lawyer. I was pleased with his services. Would definitely recommend Attorney Logue to others.

Former Client

After fighting a ticket from hell that cost me my job, thousands in debt from having no job and threatening my present career, Sean Logue stepped in and the case was dismissed. It's a huge relief to have his professionalism and know-how in your corner!

Former Client

Fill Out Our Contact Form