Child Pornography Defense Lawyer Barton County, MO

Child pornography defense lawyer in Barton County, 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’ve been accused of having or distributing child pornography in the Barton County, MO area, 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 case review. 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 Barton County, MO?

Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life throughout the Barton County, MO area. As outlined in Missouri Revised Statute § 573.010, child pornography is defined as any material or performance that is obscene and depicts sexual conduct, contact, or sexual performance, involving a minor under 18 years old as a participant or portrayed observer.

According to RSMo § 573.037, a person is charged with the offense of child pornography if such person knowingly or recklessly possesses any child pornography of a minor less than 18 years old or obscene material portraying what appears to be a minor below 18 years of age.

A few examples of specific child pornography charges in Barton County and across the state of Missouri are:

• Possessing Child Pornography: The act of having child porn in one’s possession, irrespective of the quantity or form – digital, physical, etc.
• Promoting Child Pornography: 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 are confronted with charges related to any of these instances or other child pornography charges, it is imperative to contact Combs Waterkotte now at (314) 900-HELP or reach out to us online. You need an experienced advocate on your side to protect your reputation, your rights, and your future.

What Are the Legal Ramifications for Child Pornography in Barton County, 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 Barton County, 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 in the form 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

Legal Ramifications for Promotion of Child Pornography in Barton County, MO

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

• 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.
• If you have had a previous child pornography conviction, wholesale promotion of child porn, or promoting child porn to a minor in Missouri, it is a class D felony and could mean 4 years in prison and fines.

Legal Ramifications for Sexual Exploitation of a Minor in the Barton County, MO Area

Charges related to sexual exploitation of a minor are categorized as a class B felony. However, if the child involved was under the age of 14 the charges increase to a class A felony, carrying a minimum prison sentence of 10 years with a maximum of life imprisonment.

Who Has to Register as a Sex Offender in Barton County, MO and Throughout Missouri?

Under 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 classifies offenders into different tiers for sex offender registration requirements, including:

• Tier I Offenders: These individuals 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 typically include 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. These offenses include violent acts including rape, child molestation, sexual assault, as well as repeat offenses.

Penalties for Not Registering as a Sex Offender in Barton County, MO

Failure to register as a sex offender is considered a class E felony unless the individual is required to register after being charged with an offense in chapter 566 which was 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 Barton County, MO child pornography lawyers, we provide assistance in the following areas for clients in Barton County and anywhere in Missouri:

• Drivers License Reinstatement Attorney

What Are Common Defenses Against Child Pornography Charges in Barton County, MO?

The Combs Waterkotte skilled Barton County, MO child pornography defense team boasts a collective experience of more than 60 years, dedicated to defending clients in Barton County, MO in cases similar to yours. While each case presents its own unique circumstances, our attorneys employ various defense strategies, including:

An Unintentional Possession Defense

Also known as “unintended possession,” this defense argues that you did not intend to possess child pornography in or around Barton County, MO, or that the material didn’t belong to you. You also may not have even been aware of the existence of child porn. This may be used if child porn was discovered on a computer or hard drive that is shared, or to which individuals other than you may have had access without your knowledge. You also could have used an unsecured or shared network which enabled another individual to download child porn. An angry co-worker, employee, friend, ex-spouse, or other revengeful individual may be motivated to download child porn on your computer or hard drive in order to frame you in Barton County, MO.

Your knowledgeable Combs Waterkotte defense lawyer will work to establish that you were not aware of possessing child porn. Give us a call right away at (314) 900-HELP or reach out to us online.

Accidental Possession Defense

The internet can be a treacherous environment. Your computer is continuously subjected to viruses, spyware, malware, spam, or various other inputs without your knowledge or consent. These intrusions could easily include child pornography or other obscene materials. You, like many other individuals in Barton County and throughout Missouri, have numerous files on your computer you didn’t even know existed.

A “Not Child Porn” Defense

This defense is based on the prosecution’s burden to prove that the subject of the material in question was under 18 years of age. Also, 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 Barton County, MO. Law enforcement can occasionally push the limits on getting a warrant or may search beyond the scope of said warrant. If evidence against you was seized illegally, your child pornography defense lawyer will argue it is inadmissible.

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. In some cases, officers may induce individuals to purchase content which 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 a multitude of 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 is a possible means to reduce your sentence or, in some cases, avoid imprisonment via a treatment program and probation. Some mitigating factors your Combs Waterkotte Barton County, 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 Wait – Connect With a Barton County, MO Child Pornography Defense Lawyer Now at Combs Waterkotte

Child pornography charges are serious and can have lasting, if not permanent, implications on your reputation and future in Barton County, MO. But, as serious as they are, there are defenses available from the skilled and tenacious Combs Waterkotte legal team. Don’t try to navigate the uncertainties and complexities of the Barton County or Missouri legal system alone.

We understand that good people often find themselves in bad situations in Barton County and throughout Missouri. We’re here to help. Call our accomplished Barton County, 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 consultation.