Deception to Obtain Matter Harmful to Juveniles in Columbus, OH
Ohio law generally prohibits minors from purchasing material or attending performances intended for adults. When a person takes certain actions that help children gain access to forbidden materials or performances, the alleged offender could face criminal charges for deception to obtain matter harmful to juveniles.
If you have been charged with this sex crime, you should carefully weigh the potential consequences that a conviction could have on your finances, freedom, and reputation—and strongly consider retaining the help of a Columbus sex crimes lawyer who can protect your rights.
Joslyn Law Firm has handled more than 20,000 criminal cases throughout Central Ohio. In this process, we have not only continued to claim victories for our clients but also earned the respect of our peers.
Brian Joslyn, an experienced criminal defense attorney, was selected as one of Central Ohio’s “Top Lawyers” by Columbus CEO magazine and has been ranked as one of the 10 best criminal defense lawyers in Ohio by the National Academy of Criminal Defense Attorneys. His passion for defending the accused will fuel your defense. You will also benefit from the insights of other members of our legal team, including a former Franklin County prosecutor and a former Franklin County public defender.
Lawyer for Deception to Obtain Matter Harmful to Juveniles in Columbus, OH
The crime of deception to obtain matter harmful to juveniles is a misdemeanor offense that could result in jail time and fines. The long-term, collateral consequences can be equally—if not more—severe. For example, certain businesses in Columbus and surrounding areas of Ohio deny employment to people who have been convicted of this sex crime.
Your defense must be carefully crafted with superior knowledge of not only local and state laws but also the people who will be influencing the outcome of your case. Our legal team offers both.
Joslyn Law Firm has earned a stellar reputation for our intrinsic knowledge of Ohio’s criminal law. In fact, we have become the de facto source of expertise on this topic for journalists from such media outlets as ABC6, NBC4, FOX23, 10WBNS, The Columbus Dispatch, and The Plain Dealer.
We defend our clients and protect their rights
Our legal team also possesses a deep familiarity with local courts, judges, prosecutors, probation officers, bailiffs, and other courtroom staff. This acquaintanceship gives our lawyers keen insight into how they should craft defense strategies to best serve our clients.
Ohio laws about deception to obtain matter harmful to juveniles also account for cases in which minors might violate statutes. For instance, a juvenile who misrepresents their age so they can gain admission to a performance that is harmful to juveniles has violated state law. If caught, they will face a distinct set of penalties reserved for minor offenders.
Regardless of your age or circumstance, if you think you are being investigated for this offense, it is important that you know and assert your rights. An attorney from our firm is ready to step in and help you navigate the road ahead. We will ensure that investigators and prosecutors do not violate your rights so that you have the best chance at a positive outcome to your experience with Ohio’s judicial system.
Call Joslyn Law Firm today to review your case in a free consultation: (614) 444-1900.
Ohio Deception to Obtain Matter Harmful to Juveniles Information Center
- Overview of Deception to Obtain Matter Harmful to Juveniles in Ohio
- Penalties for Deception to Obtain Matter Harmful to Juveniles in Franklin County
- Evidence for Deception to Obtain Matter Harmful to Juveniles Charges in Columbus
- Defenses Against Charges of Deception to Obtain Matter Harmful to Juveniles in Columbus, OH
- Resources for Deception to Obtain Matter Harmful to Juveniles in Columbus, OH
- News About Deception to Obtain Matter Harmful to Juveniles in Columbus
- FAQs About Deception to Obtain Matter Harmful to Juveniles Charges in Franklin County
- Columbus Deception to Obtain Matter Harmful to Juveniles Lawyer
As per Ohio Revised Code § 2907.33, a person can be charged with deception to obtain matter harmful to juveniles if he or she, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles, allegedly does either of the following:
- Falsely represents that he or she is the parent, guardian, or spouse of such juvenile
- Furnishes such juvenile with any identification or document purporting to show that such juvenile is 18 years of age or over, or married
Under Ohio Revised Code § 2907.01(J), the term “material” is defined as “any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record, or tape, or other tangible thing capable of arousing interest through sight, sound, or touch and includes an image or text appearing on a computer monitor, television screen, liquid crystal display, or similar display device or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape, or similar data storage device.”
Ohio Revised Code § 2907.01(E) defines “harmful to juveniles” as “that quality of any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sado-masochistic abuse in any form to which all of the following apply:”
- The material or performance, when considered as a whole, appeals to the prurient interest of juveniles in sex.
- The material or performance is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles.
- The material or performance, when considered as a whole, lacks serious literary, artistic, political, and scientific value for juveniles.
For adults convicted of the offense, Ohio Revised Code § 2907.33(A) makes deception to obtain matter harmful to juveniles a second-degree misdemeanor punishable by up to 90 days in jail and/or a fine of up to $750.
If the alleged offender is a juvenile, they could be adjudged an “unruly child.” Ohio law (Ohio Revised Code § 2151.022 (C)) uses several characteristics to define an unruly child. The description that pertains to this offense is a child who “behaves in a manner as to injure or endanger the child’s own health or morals or the health or morals of others.”
An unruly child could face any of several dispositions as outlined in Ohio Revised Code § 2151.354, including:
- Being placed in protective supervision
- Having legal custody awarded to another parent or proposed legal custodian
- Being removed from their home
- Any of the dispositions authorized under Ohio Revised Code § 2151.353
- Being placed on community control under any sanctions, services, and conditions that the court prescribes, provided that, if the court imposes a period of community service upon the child, the period of community service shall not exceed 175 hours
- Suspension of their driver’s license, probationary driver’s license, or temporary instruction permit for a period prescribed by the court, along with suspension of the registration of all motor vehicles registered in the name of the child for a period of time prescribed by the court. A child whose license or permit is so suspended is ineligible for issuance of a license or permit during the period of suspension. At the end of the period of suspension, the child shall not be reissued a license or permit until the child has paid any applicable reinstatement fee and complied with all requirements governing license reinstatement.
- Being placed in temporary or permanent custody of the court
- Any further disposition the court finds proper that is consistent with Ohio Revised Code § 2151.312 and Ohio Revised Code §§ 2151.56 to 2151.59
If, after making a disposition listed above, the court finds upon further hearing that the child is not amenable to treatment or rehabilitation under that disposition, the court can choose a disposition otherwise authorized under Ohio Revised Code §2152.19(A)(1), (4), (5), and (8) that is consistent with Ohio Revised Code § 2151.312 and Ohio Revised Code §§ 2151.56 to 2151.59.
As with any criminal case in Ohio, the prosecution has the burden of proof. In other words, as your defense attorneys, we do not have to prove you are innocent of the charges against you. Instead, the prosecutor in your case must prove every element of the crime of deception to obtain matter harmful to juveniles before they can convict you.
The elements of this offense for an adult—each of which must be proven—are as follows:
- You falsely represented yourself as a juvenile’s parent or you provided false documentation to the juvenile.
- You did so with the purpose of helping the juvenile obtain material that would be harmful to them or to gain admission to a performance that would be harmful to them.
The elements of this offense for a juvenile are as follows:
- You falsely represented that you were at least 18 years of age, or you presented false documentation that suggested you were at least 18 years of age or married.
The Burden of Proof Falls on the Prosecution
Furthermore, Ohio requires that the prosecution prove your guilt beyond a reasonable doubt. These words—beyond a reasonable doubt—play an important role in your defense. As defined in Ohio Revised Code § 2901.05, “reasonable doubt” happens when a jury has considered all the evidence presented at trial, but they are unable to attest to their firm conviction that the prosecution’s charge is true. According to the code, “it is doubt based on reason and common sense.”
In terms of a defense strategy, this means our legal team will look at every bit of evidence the prosecution is using to lock the jury into believing the charges beyond a reasonable doubt. Our goal is to find weaknesses and attack them. For example, we will file motions to suppress unlawfully obtained evidence (from warrantless searches and other violations of your rights).
If a judge throws out any piece of evidence, then every other piece of evidence that police would not have discovered without the suppressed piece is also thrown out. Our lawyers will work to build a defense against the prosecution’s case against you.
As we discuss the circumstances of this alleged offense with you and review the results of our investigation of the charges you face, our attorneys will begin to identify the best defense strategies to apply.
If we succeed in stripping away enough key evidence—or if the prosecutor simply does not have enough physical evidence to prove that this offense was committed—our strategy could rest on the notion of “insufficient evidence.” In other words, the prosecutors did not meet their burden of proof.
Other defense strategies common to sex crime cases include the following:
- Mistaken identity
- False accusation
- Affirmative defenses
Our law firm will find the evidence to support our arguments in a solid defense. We will protect your rights and work to get the best legal outcome for you.
Franklin County Children Services is a public agency that provides protection, care, and permanency for children who are abused, neglected, or dependent. Its social workers and support staff also work to build stable and supportive living settings for young people, strengthen family life, and assist parents in meeting their responsibilities to their children.
On this website, you can learn more about some of the agency’s programs and find answers to frequently asked questions.
Franklin County Children Services
855 W. Mound St.
Columbus, OH 43223
Family Solutions of Ohio is a nonprofit behavioral healthcare organization that provides multiple services for children and families in the Columbus area. You can visit this website to learn more about some of the services the organization provides, including mental health rehabilitation. You can also read more about reasons why families should seek help when there are mental health concerns for children or adults.
Family Solutions of Ohio
1550 Old Henderson Road, Suite N-271
Columbus, Ohio 43220
The Legislative Service Commission publishes the Ohio Revised Code and the Ohio Administrative Code. You can visit this link to view Ohio Revised Code § 2907.33, the section of the code’s sex offenses chapter that speaks to the offense of deception to obtain matter harmful to juveniles.
You can also read the letter of Ohio’s law and download an authenticated pdf of the section. By viewing the law online, you can link to other aspects of the Ohio criminal code that serve to define important terms, explain penalties, and so on.
This section of the Ohio Revised Code lists all the offenses that cannot be expunged from the offender’s record. Deception to obtain matter harmful to juveniles is listed as such an offense, along with first- and second-degree felonies, as well as violent crimes with felony or first-degree misdemeanor charges.
This section of the Franklin County Court of Common Pleas website provides an overview of the county’s Youth Education and Intervention Services. Parents who find themselves struggling to manage their teenage children can avail themselves of these services. This resource also answers important questions about filing—who qualifies, how to handle the filing if a child is on probation, the outcomes to expect, and a host of other information.
August 16, 2021
More than half of Montgomery County’s juvenile court cases are diverted to the Dayton Mediation Center, according to Dayton247NOW. There, teens have access to a variety of services that help them work through their problems, communicate more effectively, and take the next steps toward more productive lives.
Most teens who enter the center through this diversion program are first-time offenders for such crimes as unruly, domestic violence, assault, criminal damaging, and curfew violation charges.
July 12, 2021
A Cleveland court sentenced actor Jared Drake Bell on multiple charges for crimes against a child. Bell played Drake in the TV show “Drake and Josh.” He is now 34 and pleaded guilty to the charges of child endangering and disseminating matter harmful to juveniles.
According to the complaint filed by a 15-year-old girl, she had been in a relationship with the actor since she was 12. Their online relationship, according to the alleged victim, was “blatantly sexual,” and culminated in Bell forcing the girl to perform sexual acts backstage at a concert and in a hotel room in Cleveland.
February 25, 2021
NBC24 News reports that Ronald Jenkins of Minneapolis was arrested in Toledo, Ohio, after a traffic stop revealed he had an extradition order from Minnesota. The man found 13 fraudulent Social Security cards, forged military IDs, forged driver’s licenses, a credit card skimmer, a box of blank checks, gift cards, and plastic cards with magnetic stripes. He now faces federal charges connected with ID forgery.
February 22, 2021
Too many Ohio sex offenders are charged multiple times before serving a serious period of incarceration or imprisonment, according to Franklin County Sheriff’s Office Chief Deputy Rick Minerd.
ABC10 reports investigators are frustrated with this situation. Now, Assistant U.S. Attorney Heath Hill and the U.S. Attorney’s Office are striving to charge offenders federally. This way, they would have to serve mandatory minimum sentences if convicted.
Q: What Are the Penalties of Conviction for Deception to Obtain Matter Harmful to Juveniles?
A: If you are an adult convicted on this charge, you’re facing a second-degree misdemeanor that is punishable by up to 90 days in jail and/or a fine of up to $750 (Ohio Revised Code § 2907.33(A)).
Q: Are Minors Involved in These Offenses Punished?
A. Yes. If a minor in Ohio falsely represents that they are of adult age (18+) or married, they could face penalties in a case involving deception to obtain matter harmful to juveniles.
The child can be adjudged an unruly child who will be handled by the juvenile court as it sees fit. In addition, if a person is adjudicated an unruly child, they shall be deemed a child until they turn 21 years old.
Q: What Should I Do if I Am Arrested on a Deception to Obtain Matter Harmful to Juveniles Charge?
A: You should exercise your right to remain silent if you are arrested and speak to authorities only after you have obtained legal representation. Our legal team offers a free case evaluation, and we can represent your best interests during interrogations and at trial.
Q: What Are Some Defenses in a Deception to Obtain Matter Harmful to Juveniles Case?
A. Under the law, you may be able to have your case dismissed if you can prove you are the parent, guardian, or spouse of the juvenile who was exposed to harmful material. If a juvenile gave you a fake ID or birth certificate—or otherwise led you to believe they were older or married when, in fact, they weren’t—this could also serve as your defense.
If you were arrested or are under investigation in Columbus for deception to obtain matter harmful to juveniles, do not say anything to authorities until you have first contacted Joslyn Law Firm.
Columbus criminal defense attorney Brian Joslyn represents clients all over Fairfield County, Franklin County, Union County, Pickaway County, Madison County, Delaware County, and Licking County. Call (614) 444-1900 to receive a free, confidential consultation that will allow our lawyer to provide a complete evaluation of your case.