The Ohio Revised Code criminalizes receiving, soliciting, purchasing, exchanging, possessing, or controlling any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality. This offense is found in R.C. 2907.32.2(A)(5). It is a 4th degree felony.
However, this section is rendered useless based upon the 5 other criminal prohibitions concerning material that shows a minor engaged in the same conduct. The other 5 sections of R.C. 2907.32.2 are 2nd degree felonies. The cover creating, recording, filming, reproducing, or publishing this material. Clearly, the individuals who create such material are treated more harshly by the courts.
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However, when it comes to obtaining this material via the internet, the 4th degree felony (possession) is essentially moot because Ohio courts have concluded that the act of obtaining the file from the internet is “reproducing” (the 2nd degree felony). Thus, the person who downloads it is deemed equally culpable as the person who originated it to begin with.
On May 8, 2012, the Franklin County Court of Appeals ruled for the first time that downloading child pornography is the legal equivalent of creating, recording, filming, reproducing, or publishing. (State of Ohio vs. Christopher Brink).
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