If a minor is viewing pornography on the Internet, would it be illegal? If so, how might hey be prosecuted?
This got sent out as an entertainment law question. It's really a criminal law question which should be answered by a criminal law attorney who practices in Ohio, or in whichever state the minor is located. I changed the practice area to "criminal defense" for you. If you don't get answers from anyone, I suggest you contact an attorney privately who can answer your question. There is a lawyers' directory on AVVO where you can find someone.
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Criminal Defense Attorney
The person providing the pornography to the juvenile could get in trouble. The juvenile possessing could be charged with unruly charges but that is unlikely. If the juvenile showed the material to another juvenile they could get in trouble.
Attorney Chris Beck
Beck Law Office, L.L.C.
1370 North Fairfield Rd.
Beavercreek, Ohio 45432
The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner
Criminal Defense Attorney
Disseminating Matter Harmful to Juveniles carrries penalties ranging from misdemeanor of the first degree to a felony of the fourth degree depending on the circumstances. That means a person convicted of Disseminating faces up to eighteen (18) months in prison. Both adults and children can be convicted of Disseminating.
Ohio law also provides a method for parents to enforce rules imposed upon their children. If a parent wanted to prosecute a child for being Unruly, that parent would need to contact law enforcement. The court could then place the child under probation terms with a penalty of detention (juvenile jail) suspended and threatened for future refusal to obey house rules.
A parent is wise to consider delinquency charges a last resort. If the government decides the parent is unable to adequately discipline the child, the government could decide to file a dependency action against the family. Such action could result in the child's placement in foster care on a temporary or even permanent basis.
If you have further questions, feel free to contact the office to schedule a consultation. When inquiring about matters of a sexual nature, it is always best to get all the details out and in front of an experienced, thoughtful attorney.
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