Child pornography defense lawyer in Boone 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 charged for having or distributing child pornography in or around Boone County, MO, you could be looking at 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 Boone County, MO?
Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life throughout the Boone 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 of age as a participant or portrayed observer.
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 below 18 years of age or obscene material portraying what seems to be a minor under 18 years old.
A few examples of specific child pornography charges in Boone 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: Encompasses 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 Boone County, MO – call Combs Waterkotte now at (314) 900-HELP or reach out to us online. You need an knowledgeable advocate on your side to protect your reputation, your rights, and your future.
What Are the Penalties for Child Pornography in Boone County, MO?
Statutorily, under RSMo § 573.037, the offense of child pornography is a class D felony if you possess only one still image of child pornography or one obscene still image. The offense becomes a class B felony in Boone County, MO if you:
- Possess more than 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 in the form 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 Boone County, MO
Engaging in the promotion of child pornography to an adult is classified as a class C felony, punishable by up to 7 years in prison and 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 – punishable by 5-15 years imprisonment.
- 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 Boone 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 Boone County, 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:
- Possessing and/or promoting child pornography
- Using children in sexual performances
- Promoting sexual performance by children
- Sexually exploiting a minor
- Public display of sexually explicit material
- Promoting pornography for minors
- Promoting obscenity
- Coercing others to accept obscene materials
- Promoting prostitution
- Sexual contact with nursing home residents
Missouri classifies offenders into different tiers for sex offender registration requirements, including:
- 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 typically include 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. These offenses include violent acts including rape, child molestation, sexual assault, as well as repeat offenses.
Penalties for Failing to Register as a Sex Offender in Boone County and Throughout Missouri
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 is elevated to 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 Boone County, MO child pornography lawyers, we provide help in the following practice areas for clients in Boone County, MO:
- Domestic Violence Defense Attorneys
- Criminal Lawyer
- Juvenile Defense Lawyer
- Sexual Misconduct Lawyer
- Traffic Ticket Lawyer
- Order of Protection Defense Lawyer
- Speeding Ticket Lawyer
What Are Common Defenses Against Child Pornography Charges in Boone County, MO?
The Combs Waterkotte skilled Boone County, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Boone County, MO in cases just like yours. While every case is different with unique circumstances, some defense strategies our attorneys have used include:
An 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 did not 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 Boone County, MO.
Your Combs Waterkotte defense attorney will work to establish that you were not aware of possessing child porn. Give us a call right away at (314) 900-HELP or contact 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 Boone County and throughout Missouri, have numerous files on your computer you didn’t even know existed.
“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 may make procedural errors violating an individual’s Fourth Amendment rights under the Constitution. The Combs Waterkotte defense team always has your rights, your future, and your best interests in mind in Boone County, MO. If evidence was seized illegally, your Boone County, MO child pornography defense lawyer will argue its inadmissibility.
Entrapment
Entrapment can occur in a variety of 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 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 not guaranteed to result in acquittal, claiming a psychological addiction to child pornography can serve as a strategy to reduce your sentence or, in some cases, avoid imprisonment via a treatment program and probation. Your Combs Waterkotte Boone 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 Boone County, MO Child Pornography Defense Lawyer Right Now at Combs Waterkotte
Child pornography charges are serious and can have lasting, if not permanent, implications on your reputation and future in Boone 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 Boone County or Missouri legal system alone.
We know that good people often find themselves caught in unfortunate circumstances in Boone County and throughout Missouri. We are here to help. Call our expert Boone County, MO child pornography defense lawyers as soon as possible at (314) 900-HELP or fill out our online contact form to arrange a free, confidential case review.
