Q: Sexting laws Ohio to Russia
I'm this hypothetical situation an individual is in talks with some one in Russia. They're legal in both countries, however the person in Russia sends the a file of pictures. They seem to be just compiled from their Instagram. However some are sexual. There seems to also be non sexual images dated back to 2015 making the person in the images possibly late 16. The American individuals is put off from this but has been reassured that no image of a sexual nature is done under the age of consent. The person appears of age in all sexual images but what are the possible legal ramifications, and how can said individual dispose of said possible meterial in a legal way.
A:
https://www.law.cornell.edu/uscode/text/18/2252 outlines federal child pornography possession and receiving laws. There is an affirmative defense in the statute:
(c)Affirmative Defense.—It shall be an affirmative defense to a charge of violating paragraph (4) of subsection (a) that the defendant—
(1) possessed less than three matters containing any visual depiction proscribed by that paragraph; and
(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof—
(A) took reasonable steps to destroy each such visual depiction; or
(B) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.
Now, affirmative defenses aren't perfect because a person can still be charged and has to prove the affirmative defense rather the government having the burden of proof. But, for those who take steps to rid themselves of CP as soon as they realize what it is, the defense is there.
Ohio state law does not have a similar affirmative defense for possession of CP.
The possible legal ramifications are prison and sex offender registration, which is why you should NEVER exchange any sexually explicit materials with someone you do not know for a fact to over the age of 18.
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