Sex Offense Conviction Not Supported by Sufficient Evidence


A man was convicted for two counts of "Illegal Use of a Minor in Nudity-Oriented Material or Performance." This is a violation of § 2907.323 of the Ohio Codes. The man chose to appeal his conviction, stating that the trial court erred when it overruled his motion to suppress evidence. This evidence came from the hard drive of his laptop computer which the defendant-appellant contended was obtained during a search without his knowing and voluntary consent. The defendant-appellant made four other contentions: 1) Trial court erred in overruling his motion for judgment of acquittal, 2) Insufficient evidence that the images found on his hard drive were of real, underage children, 3) The trial court crossed the line by being impartial while questioning the State's witness, and 4) That the indictment was defective. In this sex offense prosecution, conviction of illegal use of a minor in nudity-oriented material, R.C. 2907.323(A)(3), was not supported by sufficient evidence where photograph of minor in bathroom did not meet the statutory criteria.