California, MO

Child pornography defense lawyer in California, MO. Confronting accusations or charges related to the possession or distribution of child pornography poses a significant risk to your personal and professional reputation. If you find your accused of possessing or distributing child pornography in California, MO, you may be looking at serious felony charges and mandatory Missouri sex offender registration upon conviction. It is vital not to leave your defense to chance in such a critical situation.

Call the criminal defense attorneys at Combs Waterkotte immediately at (314) 900-HELP or reach out to 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 California, MO?

Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life throughout the California, 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.

According to RSMo § 573.037, an individual is charged with 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 examples of specific child pornography charges in the California, MO area 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 are facing charges or have been questioned regarding any of these examples – or any other child pornography charges in the California, MO area – call Combs Waterkotte right away 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 Legal Ramifications for Child Pornography in California, 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 California, MO if any of the following conditions apply:

• 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

Legal Ramifications for Promotion of Child Pornography in California, MO

The promotion of child pornography to an adult is a class C felony, punishable by 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.

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

If you are facing sexploitation charges, you are facing 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 in prison.

Mandatory Sex Offender Registration in California, MO and Throughout Missouri

According to RSMo § 589.400, individuals charged with specific crimes are obligated 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, 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: 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: Individuals in this tier have a lifetime registration requirement and must report to the CLEO in person every 90 days. These offenses include violent acts such as rape, child molestation, sexual assault, as well as repeat offenses.

Penalties for Not Registering as a Sex Offender in California, MO

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 the age of 14, in which case it becomes a class D felony.

Combs Waterkotte is a leading criminal defense law firm based in St. Louis. Along with expert legal representation from our skilled California, MO child pornography lawyers, we provide assistance in the following areas for clients in California, MO:

• Crime Defense Lawyers
• 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 California, MO?

The Combs Waterkotte skilled California, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout California, MO in cases just like yours. While each case presents its own unique circumstances, our attorneys employ a variety of defense strategies, including:

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 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 California, 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 now 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 California and Missouri have files on their computers that they are in the dark about. 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 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 California, MO. If evidence was seized illegally, your California, MO child pornography defense lawyer will argue its inadmissibility.

Entrapment

Entrapment can occur in a variety of scenarios throughout the California, MO area. The defense is rooted in the fact that you would not have committed the offense if law enforcement hadn’t initiated contact with 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 occurs more frequently than we might realize, especially in instances where law enforcement conducts child porn sting operations, rounding 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 via a treatment program and probation. Your Combs Waterkotte California, MO defense attorney may present various mitigating factors, like mental health issues, a history of abuse or neglect, extreme stress or anxiety, family conflict, lack of guidance as a child, and others.

Don’t Hesitate – Reach Out to a California, MO Child Pornography Defense Lawyer Right Away at Combs Waterkotte

Child pornography charges are serious and can cast enduring, if not permanent, shadows on your reputation and future in California, 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 try to navigate the uncertainties and complexities of the California or Missouri legal system on your own.

We recognize that good people often find themselves in bad situations in California and throughout Missouri. We are here to help. Call our accomplished California, 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.