Child pornography defense lawyer in Camden 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 Camden County, MO, you could be looking at felony charges and mandatory Missouri sex offender registration if convicted. Don’t leave your defense to chance.
Reach out to the criminal defense attorneys at Combs Waterkotte immediately 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 Camden County, MO?
While there might be prevalent stereotypes, child pornography charges come about in all walks of life throughout the Camden County, 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 old as a participant or portrayed observer of the material.
According to RSMo § 573.037, an individual commits the offense of child pornography if such person knowingly or recklessly possesses any child pornography of a minor less than 18 years of age or obscene material portraying what appears to be a minor under 18 years old.
A few examples of specific child pornography charges in Camden County and across the state of 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 participating 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 Camden County, 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, your rights, and your future.
What Are the Legal Ramifications for Child Pornography in Camden 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 Camden County, MO if you:
- 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 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 Camden 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 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 – 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’s a class D felony and could mean 4 years in prison and fines.
Legal Ramifications for Sexual Exploitation of a Minor in the Camden 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 old the charges are elevated to a class A felony, which carries a minimum prison sentence of 10 years and a maximum of life in prison.
Who Has to Register as a Sex Offender in Camden County, 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:
- 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 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 Camden County 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 which was 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 Camden County, MO child pornography lawyers, we provide assistance in the following areas for clients in Camden County and anywhere in Missouri:
- 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 Camden County, MO?
The Combs Waterkotte skilled Camden County, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Camden County, 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 Camden County, MO, or that the material didn’t 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 Camden 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. Give us a call right away 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 Camden 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. 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 Combs Waterkotte defense team is vigilant in protecting 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 Camden County, 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 happens more often than we might realize, especially in instances where law enforcement conducts child porn sting operations, rounding 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 can serve as a strategy to reduce your sentence or, in some cases, avoid imprisonment via a treatment program and probation. Some mitigating factors your Combs Waterkotte Camden 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 others.
Don’t Wait – Connect With a Camden County, MO Child Pornography Defense Lawyer Right Now at Combs Waterkotte
Child pornography charges are serious and can cast enduring, if not permanent, shadows on your reputation and future in Camden County, 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. Attempting to navigate the uncertainties and intricacies of the legal system in Camden County or Missouri along is ill-advised.
We understand that good people often find themselves caught in unfortunate circumstances in Camden County and throughout Missouri. We are here to help. Call our accomplished Camden 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 consultation.
