Second Degree Child Molestation Lawyer Kansas City, MO
Charged with second degree child molestation in Kansas City, Missouri? Combs Waterkotte is ready to protect your freedom, reputation, and future.
TO COMBS WATERKOTTE,YOU ARE WHY WE EXIST.
Second-Degree Child Molestation Lawyer Kansas City, MO
A second-degree child molestation charge in Kansas City, Missouri is a serious felony that can expose you to years in prison, sex offender registration, and restrictions that continue long after your criminal case ends. If you’ve been accused, arrested, or charged, you absolutely need a criminal defense attorney on your side as soon as possible.
Combs Waterkotte’s Kansas City sex crimes lawyers defend clients across Jackson County against serious child-related sex crime allegations. Call (314) 900-HELP or contact us online for a free, confidential consultation and start building your defense now.
I owe my life to Combs Waterkotte. If not for them, I would be spending the rest of my life behind bars. There is no amount of words that can explain what they did for me and my family. Its the highest recommendation that I can give.
Alexander B.
Felonies
Verify on
If I could give Steve and his team 10 stars I would in a heartbeat. Was facing more then one felony charge and after these guys found the arresting officer violated my 4th Amendment Rights and those charges were dismissed. My family and I can't thank you enough.
Dean J
Felonies
Verify on
I was hands down guilty. ON VIDEO !!! In a smaller town, and a job dealing with the public, this was devastating. I made one phone call and spoke for maybe 15 minutes. I DIDN'T appear in court. I am extremely impressed. QUIETLY relieved of the matter!
Y.I.V.
Theft
Verify on
My fiance had a felony drug charge and Combs Waterkotte got it dismissed! There were no fines, court cost, nothing. Chris is loyal, professional, knowledgeable, and a man of his word. We are forever grateful for you.
Kimberly T.
Drug Crimes
Verify on
If I was found guilty, it would have been over 100 years in prison. They promised me that they would fight like hell and get me out of it. After everything was done, I just felt free. Like this wasn’t gonna end with me rotting away in a prison cell. I felt like I could start my life and have a fresh start.
Caleb
Assault 1st, Armed Criminal Action
Verify on
I was facing, probably 18 years… I actually got 5 years probation and 40 hours of community service. Without Combs Waterkotte’s help, I don’t think my family could have made it without me. It was just a written book to where it's a perfect ending.
Chris
Unlawful Use of a Weapon, Armed Criminal Action
Verify on
I went through what was supposed to be one of the top law firms in St. Louis. They said I wouldn't have no chance. I end up firing the other lawyer and everything and going with Chris. I felt like Combs Waterkotte actually did something for me and wasn't I wasn't just another number on somebody's desk.
Willy
DWI/DUI
Verify onI owe my life to Combs Waterkotte. If not for them, I would be spending the rest of my life behind bars. There is no amount of words that can explain what they did for me and my family. Its the highest recommendation that I can give.
Alexander B.
Felonies
If I could give Steve and his team 10 stars I would in a heartbeat. Was facing more then one felony charge and after these guys found the arresting officer violated my 4th Amendment Rights and those charges were dismissed. My family and I can't thank you enough.
Dean J
Felonies
I was hands down guilty. ON VIDEO !!! In a smaller town, and a job dealing with the public, this was devastating. I made one phone call and spoke for maybe 15 minutes. I DIDN'T appear in court. I am extremely impressed. QUIETLY relieved of the matter!
Y.I.V.
Theft
My fiance had a felony drug charge and Combs Waterkotte got it dismissed! There were no fines, court cost, nothing. Chris is loyal, professional, knowledgeable, and a man of his word. We are forever grateful for you.
Kimberly T.
Drug Crimes
If I was found guilty, it would have been over 100 years in prison. They promised me that they would fight like hell and get me out of it. After everything was done, I just felt free. Like this wasn’t gonna end with me rotting away in a prison cell. I felt like I could start my life and have a fresh start.
Caleb
Assault 1st, Armed Criminal Action
I was facing, probably 18 years… I actually got 5 years probation and 40 hours of community service. Without Combs Waterkotte’s help, I don’t think my family could have made it without me. It was just a written book to where it's a perfect ending.
Chris
Unlawful Use of a Weapon, Armed Criminal Action
I went through what was supposed to be one of the top law firms in St. Louis. They said I wouldn't have no chance. I end up firing the other lawyer and everything and going with Chris. I felt like Combs Waterkotte actually did something for me and wasn't I wasn't just another number on somebody's desk.
Willy
DWI/DUI
What Is Second-Degree Child Molestation Under Missouri Law?
Under RSMo §566.068, the offense of second-degree child molestation occurs in one of two situations:
- Someone allegedly subjects a child under 12 years old to sexual contact
- Someone allegedly subjects a child under 17 to sexual contact and commits an aggravated sexual offense while being at least four years older than the alleged victim
When the alleged victim is under 12, prosecutors do not have to prove an aggravated sexual offense or a four-year age gap. When an alleged victim is between 12 and 17 years old, however, both the age difference and aggravating circumstance are elements the state must prove beyond a reasonable doubt.
“Case dismissed, I could not have made a better decision in my choice. I care for my elderly parents and [Combs Waterkotte] literally saved my life.”
-Adnan N. | Combs Waterkotte Client
The key to understanding these charges lies primarily with understanding two important definitions under Missouri law: sexual contact and an aggravated sexual offense.
What Counts as Sexual Contact?
Missouri’s definition of sexual contact includes the following:
- Touching another person with one’s genitals
- Touching another person’s genitals, anus, or a female breast (directly or through clothing)
- Causing semen to contact another person
It’s important to note that the contact must either be for the purpose of sexual arousal or gratification or for the purpose of terrorizing the alleged victim. Accidental touching or touching in a clinical or medical setting does not count. Penetration is not required for an act of sexual contact under Missouri law.
When Does an Aggravated Sexual Offense Matter?
Aggravated sexual offenses are those that involve a bit more than standard, statutory criminal conduct. Under RSMo §566.010, aggravated sexual offenses can include:
- Serious injury: Inflicting a serious physical injury on an alleged victim
- Weapon display: Threateningly displaying a deadly weapon or dangerous instrument
- Multiple people: Subjecting the alleged victim to intercourse or deviate sexual intercourse with more than one person
- Prior guilty findings: A prior qualifying chapter 566 sexual offense or certain child exploitation or child pornography offenses
- Coordinated activity: Committing the offense as part of an established pattern of activity involving two or more people
- Specified family relationships: Certain knowing incestual sexual acts
Consent and Mistakes About Age
RSMo §566.020 determines whether or not consent or age can be used as a defense in a sex crime case. If a crime depends on a child being under the age of 14, mistakes about age and consent cannot be used as defenses.
If, however, a charge depends on the child being under the age of 17, a reasonable belief that the child was 17 or older can be used as an affirmative defense. Your lawyer can help you determine whether or not consent or mistaken age defenses apply in your case.
Why Combs Waterkotte is the best Law firm for your case.
Real results for people just like you.
Degrees of Child Molestation Under Missouri Law
Missouri divides child molestation charges into four degrees. The child’s age, the age difference between the child and the alleged offender, aggravating circumstances, and any alleged forcible compulsion can change the offense level with which you are charged:
| Offense | Basic statutory requirements and classification |
|---|---|
| First degree child molestation | Sexual contact with a child under 14 plus an aggravated sexual offense. Class A felony. |
| Second degree child molestation | Sexual contact with a child under 12 or sexual contact with a child under 17 (when the defendant is four years older and the offense is aggravated). Class B felony. |
| Third degree child molestation | Sexual contact with a child under 14. Class C felony, elevated to Class B felony when forcible compulsion is used. |
| Fourth degree child molestation | Sexual contact with a child under 17 when the defendant is more than four years older. Class E felony. |
Defendants should understand that these statutes can overlap. Your defense lawyer should examine the exact charge, the offense date, and every element of the offense in order to start building your defense.
If the allegation involves intercourse or another kind of penetrative conduct, prosecutors may also consider statutory rape charges or statutory sodomy charges. A sex crime lawyer can help determine which charge applies and how to fight back.
Penalties for Second-Degree Child Molestation in Kansas City, MO
Second-degree child molestation is a Class B felony. Under RSMo §558.011, a Class B felony carries a prison term of five to 15 years. Second-degree child molestation is also considered a dangerous felony, which requires convicted individuals to serve at least 85% of their sentence before they’re eligible for probation or parole.
| Sentencing | Rule |
|---|---|
| Class B felony range | Five to 15 years in prison under the currently effective general felony sentencing statute. |
| Dangerous felony minimum | If convicted, must serve at least 85% of the sentence before parole eligibility |
Prior sex offense history can have an outsized impact on a child molestation case. In some instances involving a victim under 14 and a prior sex offense, Missouri’s lifetime supervision law can require indefinite supervision and electronic monitoring after release.
Sex Offender Registration Requirements for a Second-Degree Child Molestation Conviction
Individuals convicted of second-degree child molestation in Kansas City, Missouri will have to register as sex offenders. There are several things to consider aside from registration itself, like:
- Registration: Second-degree child molestation is a Tier III sexual offense. Tier III registration lasts a lifetime, and in-person verification is necessary every 90 days.
- Lifetime supervision: RSMo §217.735 requires lifetime supervision and electronic monitoring when an offender also qualifies as a prior sex offender.
- Housing restrictions: Missouri’s sex offender residency laws restrict where offenders may live in relation to schools, child-care facilities, and other protected locations.
- Permanent record: Second-degree child molestation is ineligible for Missouri’s criminal record expungement process.
Defenses Against Second-Degree Child Molestation Charges in Kansas City, MO
A strong defense is an absolute necessity in a Kansas City child molestation case. At Combs Waterkotte, we may use one or several of the following criminal defense strategies depending on the specifics of your case.
Identity, Opportunity, and the Alleged Timeline
We compare the accusation against work or school records, messages, location data, photographs, and witnesses. We can use the evidence to build you an alibi. If the date, place, or identity is inconsistent, independent evidence may be able to show that the alleged contact could not have occurred as claimed.
No Prohibited Sexual Contact or Sexual Purpose
Not every physical interaction counts as criminal sexual contact. Accidental contact, medical care, sports-related contact, or ordinary caregiving may lack the sexual gratification or terrorizing purpose required by law. We examine the specific act and its context in order to advocate on your behalf.
Age, Age Difference, or Aggravating Circumstances
Our defense may challenge the alleged age of the parties involved, whether the parties were more than four years apart, or any claims of an aggravating circumstance. In some instances, a reasonable belief that the child was at least 17 years old can make or break your case.
Interview Methods and Witness Statements
We obtain forensic interview and police recordings, compare how the account of the alleged events developed, and examine whether police questioning methods affected law enforcement’s version of events. If law enforcement broke protocol or interviewed you or a witness improperly, we may be able to get important evidence thrown out.
Unlawful Searches or Improper Questioning
We review phone searches, warrants, seizures, and police questioning for Fourth Amendment and Fifth Amendment violations. When appropriate, we seek exclusion of unlawfully obtained evidence through Missouri’s suppression procedure.
What to Do If You Are Accused of Child Molestation in Kansas City, Missouri
Getting legal advice early and avoiding actions that could complicate your case can mean the difference between a dismissal of your charges and years behind bars. Combs Waterkotte highly recommends the following if you’re accused or arrested for child molestation:
- Speak with a lawyer first: Get advice before discussing the accusation with police, school officials, or child-protection investigators.
- Do not confront witnesses: Don’t seek a retraction, attempt to explain the allegation away, or have someone else contact the child or their family.
- Preserve evidence: Do not delete texts, photos, messages, location data, or device contents. Give your attorney a private timeline and witness list.
- Follow court orders: Comply with bond and no-contact conditions while your attorney seeks any necessary changes through the court.
Why Choose Combs Waterkotte?
Combs Waterkotte has handled more than 15,000 criminal cases throughout the state of Missouri. Our Kansas City sex crimes lawyers investigate the accusation independently, explain the evidence and your risks clearly, and build a defense around the specific facts of your case.
Read More:
We use our decades of combined experience to prepare with trial in mind while pursuing dismissal, reduced charges, or another favorable resolution when the law and evidence support it. Throughout your entire case, we’ll communicate in a clear, timely manner to ensure you always know what’s happening at each step.
How We Build Your Child Molestation Defense
Every allegation is different. However, we’ve handled child molestation cases before, and our work typically includes:
- Investigating early: We’ll preserve digital records, interview footage, schedules, and independent witness information.
- Testing every element of the charge: We’ll verify the ages, age difference, alleged contact, required purpose, and any aggravating circumstances.
- Preparing for every outcome: We’ll challenge inadmissible evidence, evaluate negotiations, and prepare for trial when we have to.
Contact a Kansas City Second-Degree Child Molestation Lawyer
A conviction for second-degree child molestation can mean years in prison and a lifetime on the sex offender registry, making it nearly impossible to find housing or hold down a job. You need a defense team that will not only prepare your criminal defense but also shield you from the collateral consequences of a child molestation allegation.
Call (314) 900-HELP or reach out to Combs Waterkotte online to discuss the allegation and start building your defense today. Your freedom, reputation, and future depend on it.
Resources
For more information on sex crime defense in Kansas City or anywhere else in Missouri, call the Combs Waterkotte criminal defense attorneys right away at (314) 900-HELP or contact us online for a confidential consultation.
Will I Have a Criminal Record if Convicted of Sexual Assault?
How Can I Clear My Name After Being Falsely Accused Of a Sex Crime?
If I’m Convicted of a Sex Crime, Do I Have to Register as a Sex Offender?
How Does the Sex Offender Registry Work in Missouri?
What Are My Rights When Accused With a Sex Crime?
Free book
Charged With a Sex Crime? Common Defense Strategies in Sex Crime Cases
Combs Waterkotte is Missouri and Illinois’s leading sex crime defense law firm. Our team of expert criminal defense attorneys have handled over 10,000 cases – many just like yours – and have saved out clients from over 1 million days from jail or prison.
