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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My boyfriends sister took a couple naked bath pictures of her

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My boyfriends sister took a couple naked bath pictures of her son who appears to be about 4 years old in the pictures but I only know this because I found them on my boyfriends external hard drive along with many many more photos of his sister and her friends and wedding photos. I know he went over to her house to fix her computer so I assume he stole all her photos including the bath pictures. Is this considered child porn when its not your kid and you didn't have permission to take the pictures?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. This is certainly something which could possible get your boyfriend in trouble, if it was reported. The mother likely took the pictures in the normal course of her day/time with the children, as somewhat of a keep sake, showing him in the bathtub. It is not likely that she intended to distribute or use these pictures in any type of sexual way or phonographic way. However, where this takes a turn is that you boyfriend did not have any permission to take these photos nor was sent them by her. While he may be the Uncle, it does not allow him to take and remove these photos and keep them in his possession. I have provided below for your review, some of the Ohio codes which control and lay out the law.


OHIO REV.CODE ANN. § 2907.321 (2009).Pandering obscenity involving
a minor
(A) No person, with knowledge of the character of the material or performance involved,
shall do any of the following:
(1) Create, reproduce, or publish any obscene material that has a minor as one of its participants or portrayed observers;
(2) Promote or advertise for sale or dissemination; sell, deliver, disseminate, display, exhibit, present, rent, or provide; or offer or agree to sell, deliver, disseminate, display, exhibit, present, rent, or provide, any obscene material that has a minor as one of its
participants or portrayed observers;
(3) Create, direct, or produce an obscene performance that has a minor as one of its participants;
(4) Advertise or promote for presentation, present, or participate in presenting an obscene performance that has a minor as one of its participants;
(5) Buy, procure, possess, or control any obscene material, that has a minor as one of its
participants;
(6) Bring or cause to be brought into this state any obscene material that has a minor as one of its participants or portrayed observers.
(B) (1) This section does not apply to any material or performance that is sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this
state, or presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge, or other person having a proper interest in the material or performance.
(2) Mistake of age is not a defense to a charge under this section.
(3) In a prosecution under this section, the trier of fact may infer that a person in the material or performance involved is a minor if the material or performance, through its title, text, visual representation, or otherwise, represents or depicts the person as a minor.
(C) Whoever violates this section is guilty of pandering obscenity involving a minor. Violation of division (A)(1), (2), (3), (4), or (6) of this section is a felony of the second
degree. Violation of division (A)(5) of this section is a felony of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section
or section 2907.322 [2907.32.2] or 2907.323 [2907.32.3] of the Revised Code, pandering obscenity involving a minor in violation of division (A)(5) of this section is a felony of the third degree.

OHIO REV.CODE ANN. § 2907.322 (2009). Pandering sexually oriented
matter involving a minor
(A) No person, with knowledge of the character of the material or performance involved,
shall do any of the following:
(1) Create, record, photograph, film, develop, reproduce, or publish any material that
shows a minor participating or engaging in sexual activity, masturbation, or bestiality; (2) Advertise for sale or dissemination, sell, distribute, transport, disseminate, exhibit,
or display any material that shows a minor participating or engaging in sexual activity,
masturbation, or bestiality;
(3) Create, direct, or produce a performance that shows a minor participating or
engaging in sexual activity, masturbation, or bestiality;
(4) Advertise for presentation, present, or participate in presenting a performance that
shows a minor participating or engaging in sexual activity, masturbation, or bestiality;*
(5) Knowingly solicit, receive, purchase, exchange, possess, or control any material that
shows a minor participating or engaging in sexual activity, masturbation, or bestiality;
(6) Bring or cause to be brought into this state any material that shows a minor
participating or engaging in sexual activity, masturbation, or bestiality, or bring, cause to
be brought, or finance the bringing of any minor into or across this state with the intent
that the minor engage in sexual activity, masturbation, or bestiality in a performance or
for the purpose of producing material containing a visual representation depicting the
minor engaged in sexual activity, masturbation, or bestiality.
(B) (1) This section does not apply to any material or performance that is sold,
disseminated, displayed, possessed, controlled, brought or caused to be brought into this
state, or presented for a bona fide medical, scientific, educational, religious,
governmental, judicial, or other proper purpose, by or to a physician, psychologist,
sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian,
clergyman, prosecutor, judge, or other person having a proper interest in the material or
performance.
(2) Mistake of age is not a defense to a charge under this section.
(3) In a prosecution under this section, the trier of fact may infer that a person in the
material or performance involved is a minor if the material or performance, through its
title, text, visual representation, or otherwise, represents or depicts the person as a minor.
(C) Whoever violates this section is guilty of pandering sexually oriented matter
involving a minor. Violation of division (A)(1), (2), (3), (4), or (6) of this section is a
felony of the second degree. Violation of division (A)(5) of this section is a felony of the
fourth degree. If the offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2907.321 [2907.32.1] or 2907.323 [2907.32.3] of the
Revised Code, pandering sexually oriented matter involving a minor in violation of
division (A)(5) of this section is a felony of the third degree.
OHIO REV.CODE ANN. § 2907.323 (2009). Illegal use of minor in nudity oriented material or performance
(A) No person shall do any of the following:

(1) Photograph any minor who is not the person's child or ward in a state of nudity, or
create, direct, produce, or transfer any material or performance that shows the minor in a
state of nudity, unless both of the following apply:
(a) The material or performance is, or is to be, sold, disseminated, displayed,
possessed, controlled, brought or caused to be brought into this state, or presented for a
bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or
other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher,
person pursuing bona fide studies or research, librarian, member of the clergy,
prosecutor, judge, or other person having a proper interest in the material or performance;
(b) The minor's parents, guardian, or custodian consents in writing to the
photographing of the minor, to the use of the minor in the material or performance, or to
the transfer of the material and to the specific manner in which the material or
performance is to be used.
(2) Consent to the photographing of the person's minor child or ward, or photograph the
person's minor child or ward, in a state of nudity or consent to the use of the person's
minor child or ward in a state of nudity in any material or performance, or use or transfer
a material or performance of that nature, unless the material or performance is sold,
disseminated, displayed, possessed, controlled, brought or caused to be brought into this
state, or presented for a bona fide artistic, medical, scientific, educational, religious,
governmental, judicial, or other proper purpose, by or to a physician, psychologist,
sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian,
member of the clergy, prosecutor, judge, or other person having a proper interest in the
material or performance;
(3) Possess or view any material or performance that shows a minor who is not the
person's child or ward in a state of nudity, unless one of the following applies:
(a) The material or performance is sold, disseminated, displayed, possessed,
controlled, brought or caused to be brought into this state, or presented for a bona fide
artistic, medical, scientific, educational, religious, governmental, judicial, or other proper
purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person
pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge,
or other person having a proper interest in the material or performance.
(b) The person knows that the parents, guardian, or custodian has consented in
writing to the photographing or use of the minor in a state of nudity and to the manner in
which the material or performance is used or transferred.
(B) Whoever violates this section is guilty of illegal use of a minor in a nudity-oriented
material or performance. Whoever violates division (A)(1) or (2) of this section is guilty
of a felony of the second degree. Except as otherwise provided in this division, whoever
violates division (A)(3) of this section is guilty of a felony of the fifth degree. If the
offender previously has been convicted of or pleaded guilty to a violation of this section or section 2907.321 [2907.32.1] or 2907.322 [2907.32.2.] of the Revised Code, illegal
use of a minor in a nudity-oriented material or performance in violation of division (A)(3)
of this section is a felony of the fourth degree. If the offender who violates division
(A)(1) or (2) of this section also is convicted of or pleads guilty to a specification as
described in section 2941.1422 [2941.14.22] of the Revised Code that was included in the
indictment, count in the indictment, or information charging the offense, the court shall
sentence the offender to a mandatory prison term as provided in division (D)(7) of section
2929.14 of the Revised Code and shall order the offender to make restitution as provided
in division (B)(8) of section 2929.18 of the Revised Code.

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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16264
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

What would be the best way to report him? He has done this before and will continue if nobody says anything.

Expert:  LegalKnowledge replied 1 year ago.
The best way to proceed would be to report him to the local police department in the county where he resides. Provide them with the facts and allow them to investigate and determine if there is enough evidence to charge him. If he has done this before, advise the police of the same and let them step in.
Customer: replied 1 year ago.

Last question. Could I get in trouble for having looked on his external hard drive without his permission looking for pics he stole from me to delete?

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