Child Pornography Defense Lawyer New London, MO

Child pornography defense lawyer in New London, MO. Facing allegations of or charges for the possession or distribution of child pornography threatens to destroy both your reputation and your future. If you have been accused of having or distributing child pornography in or around New London, MO, you could be facing a felony charge and mandatory Missouri sex offender registration if convicted. Don’t leave that to chance.

Reach out to the criminal defense attorneys at Combs Waterkotte as soon as possible by calling (314) 900-HELP or contacting us online to schedule a complimentary, no-strings-attached consultation. Our skilled child pornography defense lawyer is ready to meet with you personally, analyze the details of your case, and offer insights on the appropriate course of action.

What Can Lead to Child Pornography Charges in New London, MO?

While there might be prevalent stereotypes, child pornography charges come up in all walks of life throughout the New London, MO area. Missouri Revised Statute § 573.010 defines child pornography as any obscene material or performance depicting sexual conduct, contact, or sexual performance, including a minor under 18 years of age as a participant or portrayed observer of the material.

As per RSMo § 573.037, an individual commits the offense of child pornography if they knowingly or recklessly possess any child pornography of a minor under 18 years of age or obscene material portraying what seems to be a minor under 18 years old.

A few specific instances of child pornography charges in New London and elsewhere in Missouri are:

• Possessing Child Pornography: Having child pornography in your possession, regardless of the quantity or form – digital, physical, etc.
• Promoting Child Pornography: Involves distributing or selling child pornography to an adult, or promoting adult pornography to a minor.
• Sexual Exploitation of a Minor: Filming, photographing, or being involved in any aspect of the creation process of child pornography.

If you’re facing charges or have been questioned regarding any of these examples – or any other child pornography charges in the New London, MO area – call Combs Waterkotte right away at (314) 900-HELP or reach out to us online. Having an experienced advocate by your side is crucial to safeguarding your reputation, rights, and future.

What Are the Legal Ramifications for Child Pornography in New London, MO?

From a statutory perspective, as outlined in RSMo § 573.037, the offense of child pornography is considered a class D felony when possessing just one still image of child pornography or one still image considered obscene. The severity of the offense escalates to a class B felony in New London, MO if any of the following conditions are met:

• Possess more than 20 still images of child pornography
• Possess more than 20 obscene still images
• Possess child pornography comprised of one motion picture, film, videotape, videotape production, or other moving image
• Possess obscene material comprised of one motion picture, film, videotape, videotape production, or other moving image
• Have previously been found guilty of an offense under this section

Penalties for Promotion of Child Pornography in New London, MO

The promotion of child pornography to an adult is a class C felony, carrying potential penalties of up to 7 years in prison along with fines. Moreover:

• Knowingly promoting child pornography to a minor or distributing obscene material featuring a child under the age of 14 could escalate the charges to a class B felony, leading to imprisonment for a duration of 5-15 years.
• Individuals with a prior child pornography conviction, engaging in widespread promotion of child pornography or promoting it to a minor, may face a class D felony, punishable by 4 years in prison and fines.

Legal Ramifications for Sexual Exploitation of a Minor in the New London, MO Area

If you are facing sexploitation charges, you are facing a class B felony. However, if the child involved was under 14 years old the charges increase to a class A felony, which carries a minimum prison sentence of 10 years and a maximum of life in prison.

Mandatory Sex Offender Registration in New London, MO and Throughout Missouri

According to RSMo § 589.400, any individual charged with the following crimes is required to register with the Missouri Sex Offender Registry within three days of their conviction or release from jail, prision, or probation:

Missouri also breaks down offenders into different tiers for sex offender registration requirements. Those include:

• Tier I Offenders: These have a 15-year registration requirement and must report to the Chief Law Enforcement Officer (CLEO) in person once a year. These offenses do not include child pornography, and are for misdemeanor sexual offenses or minor statutory offenses.
• Tier II Offenders: These have a 25-year registration requirement and must report to the CLEO in person semiannually. Offenses in this category may include possession of child pornography, indecent exposure, and other nonviolent sexual crimes against minors.
• Tier II Offenders: These have a lifetime registration requirement and must report to the CLEO in person every 90 days. Offenses in this category usually involve violent acts including rape, child molestation, sexual assault, as well as repeat offenses.

Penalties for Failing to Register as a Sex Offender in New London and Throughout Missouri

Failure to register as a sex offender is a class E felony unless you are required to register after being charged with an offense in chapter 566 as an unclassified felony, a class A or B felony, or a felony involving a child under 14 years of age, in which case it becomes a class D felony.

Combs Waterkotte is an award-winning criminal defense law firm based in St. Louis. In addition to expert legal representation from our skilled New London, MO child pornography attorneys, we provide assistance in the following areas for clients in New London, MO:

What Are Common Defenses Against Child Pornography Charges in New London, MO?

The Combs Waterkotte skilled New London, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout New London, MO in cases just like yours. While every case is different with unique circumstances, some defense strategies our attorneys have used include:

Unintentional Possession Defense

Also known as “unintended possession,” this defense argues that you did not intend to possess child pornography in or around New London, MO, or that the material did not belong to you. It could be applicable if child pornography was found on a shared computer or hard drive or on a device accessible to individuals other than yourself without your knowledge. An unintentional download through an unsecured network or the malicious actions of a vengeful ex-spouse or someone else in New London, MO could also be considered.

Your knowledgeable Combs Waterkotte defense attorney can establish the most important factor – that you didn’t possess child pornography to your knowledge. Give us a call now at (314) 900-HELP or contact us online.

Accidental Possession Defense

The internet poses various threats, and your computer is susceptible to viruses, spyware, malware, spam, or other elements without your knowledge. These intrusions could include child pornography or other obscene materials. Many individuals throughout New London and Missouri have files on their computers that they are unaware of. An accidental possession defense argues that you did not knowingly possess child pornography, emphasizing the unintentional nature of its presence on your device.

A “Not Child Porn” Defense

This defense is based on the prosecution’s burden to prove that material in question involves anyone under the age of 18. Additionally, if the material serves a scientific, religious, or educational purpose it should not be considered child pornography.

Illegal Search and Seizure

Law enforcement often makes procedural errors violating an individual’s Fourth Amendment rights under the Constitution. The defense team at Combs Waterkotte always has your rights, your future, and your best interests in mind in New London, MO. If evidence was seized illegally, your New London, MO child pornography defense lawyer will argue its inadmissibility.

Entrapment

Entrapment can manifest in various situations throughout Missouri. This defense asserts that you would not have committed the offense if law enforcement hadn’t contacted you and persuaded you to do so. Officers could also try to induce individuals to purchase content that wasn’t clearly labeled or believed to be child porn, only to arrest them for buying child porn. Entrapment occurs more frequently than we might know – particularly when law enforcement runs a child porn sting operation which may round up multiple individuals, not all of whom are guilty.

Psychological Addiction/Mitigating Circumstances

While it isn’t necessarily a winning defense, claiming a psychological addiction to child pornography can serve as a strategy to reduce your sentence or, in some cases, avoid imprisonment through participation in a treatment program and probation. Some mitigating factors your Combs Waterkotte New London, MO defense lawyer can present could include mental health issues, a history of abuse or neglect, extreme stress or anxiety, family conflict, lack of guidance as a child, and more.

Don’t Hesitate – Contact a New London, MO Child Pornography Defense Lawyer Now at Combs Waterkotte

Child pornography charges are serious and can cast enduring, if not permanent, shadows on your reputation and future in New London, MO. However, even in the face of such severity, there exist defenses that can wield effectively by the adept and relentless Combs Waterkotte legal team. Don’t risk navigating the uncertainties and complexities of the New London or Missouri legal system on your own.

We recognize that good people often find themselves caught in unfortunate circumstances in New London and throughout Missouri. We are here to help. Call our accomplished New London, MO child pornography defense lawyers as soon as possible at (314) 900-HELP or fill out our online contact form to schedule a free, confidential case review.