In Ohio, it is unlawful to create, reproduce, publish, deliver, disseminate, display, exhibit, present, provide, photograph, film, develop, transfer, possess or even view pictures containing obscenity, sexual activity or nudity involving minors.
Such behavior is a felony, with most infractions qualifying as a second-degree felony under the law. Second-degree felonies for juveniles are punishable by a commitment to the Department of Youth Services, house arrest, electronic monitoring, day reporting, community service, curfew, mandatory treatment and even removal from the home and placement in foster care.
Unfortunately, it is clear that the law does not presently comport with the broader community sense of fairness or proportionality. The General Assembly needs to readdress this issue and modify the law to amend the legal consequences for juveniles caught using their smart phones inappropriately. To be sure, the law must protect children from the long-term consequences that come from having pictures of themselves floating around on the internet for all of eternity.
Under Ohio Law, this kind of behavior may also subject kids to being labeled as sex offenders. For children ages 14 and 15, Courts have the discretion to decide whether the child is a sex offender. But, for children who are 16 and 17 years old, the classification as a “sex offender” is mandatory. The level of classification for juvenile offenders, as determined by the Juvenile Court, ranges from 10 years to the rest of their lives. For more information please feel to contact the Tyack Law Firm.
