Child Pornography Defense Lawyer Bates County, MO

Child pornography defense lawyer in Bates 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 have been charged for having or distributing child pornography in the Bates County, MO area, you could be looking at a felony charge and mandatory Missouri sex offender registration if convicted. Don’t leave that to chance.

Call the criminal defense attorneys at Combs Waterkotte immediately at (314) 900-HELP or contact us online for a free, no-obligation case review. Our expert child pornography defense lawyer will meet with you one-and-one, discuss the specifics of your case, and provide guidance on next steps.

What Can Lead to Child Pornography Charges in Bates County, MO?

While there might be prevalent stereotypes, child pornography charges come up in all walks of life in and around Bates County, MO. 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.

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 below 18 years of age or obscene material portraying what appears to be a minor under 18 years of age.

A few specific instances of child pornography charges in the Bates County, MO area 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: Involves distributing or selling child pornography to an adult, or promoting adult pornography to a minor.
• Sexual Exploitation of a Minor: Filming, photographing, or participating 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 Bates County, MO – call Combs Waterkotte right away at (314) 900-HELP or reach out to us online. You need an experienced advocate on your side to protect your reputation, rights, and future.

What Are the Penalties for Child Pornography in Bates 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 Bates County, MO if any of the following conditions apply:

• Possess over 20 still images of child pornography
• Possess over 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
• Prior conviction for an offense under this section

Legal Ramifications for Promotion of Child Pornography in and Around Bates County, MO

Engaging in the promotion of child pornography to an adult is classified as a class C felony, carrying potential penalties of up to 7 years in prison along with fines. Also:

• If you knowingly promote child porn to a minor, or promote obscene material of a child under 14 years of age, you could be facing 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.

Penalties for Sexual Exploitation of a Minor in the Bates County, MO Area

If you are facing sexploitation charges, you are facing a class B felony. However, if the child involved was under 14 years of age the charges are elevated to a class A felony, carrying a minimum prison sentence of 10 years with a maximum of life in prison.

Mandatory Sex Offender Registration in Bates 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. Those include:

• 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 are for misdemeanor sexual offenses or minor statutory offenses.
• Tier II Offenders: Offenders in this tier face a 25-year registration requirement and must report to the CLEO in person semiannually. These offenses 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 such as rape, child molestation, sexual assault, as well as repeat offenses.

Penalties for Failing to Register as a Sex Offender in Bates County, MO

Failure to register as a sex offender is considered 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 the age of 14, in which case it becomes a class D felony.

Combs Waterkotte is an award-winning criminal defense law firm based in St. Louis. Along with expert legal representation from our skilled Bates County, MO child pornography lawyers, we provide assistance in the following areas for clients in Bates County and anywhere in Missouri:

• Drivers License Reinstatement Attorney
• Careless Imprudent Driving Attorneys
• Weapons Crime Attorney

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

The Combs Waterkotte skilled Bates County, MO child pornography defense team boasts a collective experience of more than 60 years, dedicated to defending clients across the Bates County, MO area in cases similar to yours. While every case is different with unique circumstances, some defense strategies our attorneys have used include:

Unintentional Possession Defense

The basis of this defense, also commonly referred to as “unintended possession,” is that you didn’t mean to have child porn in your possession, or that the material didn’t belong to you. It may 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 Bates County, MO could also be considered.

Your Combs Waterkotte defense attorney can establish the most important factor – that you didn’t possess child pornography to your knowledge. Call us right away at (314) 900-HELP or reach out to us online.

An 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 Bates County 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.

“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. If the material serves a scientific, religious, or educational purpose, it may be argued that it should not be classified as child pornography.

Illegal Search and Seizure

Law enforcement often makes procedural errors violating an individual’s Fourth Amendment rights under the Constitution. The Combs Waterkotte defense team is vigilant in safeguarding your rights, future, and best interests. 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 the Bates County, MO area. 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 that wasn’t clearly labeled or believed to be child porn, only to arrest them for buying child porn. Entrapment happens more often than we might realize, especially in instances where law enforcement conducts child porn sting operations, rounding up multiple people, 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. Your Combs Waterkotte Bates County, MO defense attorney may present various mitigating factors, such as 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 – Contact a Bates County, MO Child Pornography Defense Lawyer Right Away at Combs Waterkotte

Child pornography charges are gravely serious and can cast enduring, if not permanent, shadows on your reputation and future in Bates 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 Bates County or Missouri legal system alone.

We know that good people often find themselves caught in bad situations in Bates County and throughout Missouri. We are here to help. Call our accomplished Bates County, MO child pornography defense lawyers today at (314) 900-HELP or complete our online contact form to arrange a free, confidential case review.