Child pornography defense lawyer in Campbell, 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 Campbell, MO area, you could be looking at a felony charge and mandatory Missouri sex offender registration if convicted. Don’t leave your defense 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.
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What Can Lead to Child Pornography Charges in Campbell, MO?
Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life in and around Campbell, MO. 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 such person knowingly or recklessly possesses any child pornography of a minor under 18 years of age or obscene material portraying what appears to be a minor less than 18 years of age.
A few specific instances of child pornography charges in Campbell 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 confronted with charges related to any of these instances or other child pornography charges, it is imperative to contact Combs Waterkotte right now 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.
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What Are the Penalties for Child Pornography in Campbell, 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 Campbell, 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 in the form of one motion picture, film, videotape, videotape production, or other moving image
- Prior conviction for an offense under this section
Penalties for Promotion of Child Pornography in Campbell, MO
The promotion of child pornography to an adult is a class C felony, punishable by up to 7 years in prison along with fines. Also:
- 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.
- Individuals with a prior child pornography conviction, engaging in widespread promotion of child pornography or promoting it to a minor, may face a class D felony, punishable by 4 years in prison and fines.
Penalties for Sexual Exploitation of a Minor in the Campbell, 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 are elevated to a class A felony, carrying a minimum prison sentence of 10 years and a maximum of life in prison.
Dunklin County Resources
Below are quick links to important websites that may assist you with your legal matters in Dunklin County and Missouri.
Mandatory Sex Offender Registration in Campbell, 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 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: Offenders in this tier face 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 such as rape, child molestation, sexual assault, as well as repeat offenses.
Penalties for Failing to Register as a Sex Offender in Campbell, MO
Failure to register as a sex offender is a class E felony unless the individual is 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 14 years of age, in which case it is elevated to 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 Campbell, MO child pornography attorneys, we provide assistance in the following areas for clients in Campbell and anywhere in Missouri:
What Are Common Defenses Against Child Pornography Charges in Campbell, MO?
The Combs Waterkotte skilled Campbell, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Campbell, MO in cases just like yours. While each case presents its own unique circumstances, our attorneys employ various defense strategies, including:
Unintentional Possession Defense
Also known as “unintended possession,” this defense argues that you did not intend to possess child pornography in or around Campbell, MO, 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 Campbell, MO could also be considered.
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 reach out to 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 Campbell 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 material in question involves any individual under the age of 18. Additionally, if the material in question serves a scientific, religious, or educational purpose it should not be considered child pornography.
Illegal Search and Seizure
Law enforcement may make procedural errors violating an individual’s Fourth Amendment rights under the Constitution. The defense team at Combs Waterkotte is vigilant in safeguarding your rights, future, and best interests. If evidence was seized illegally, your Campbell, MO child pornography defense lawyer will argue its inadmissibility.
Entrapment
Entrapment can manifest in various situations throughout Missouri. 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 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 is a possible means to reduce your sentence or, in some cases, avoid imprisonment through participation in a treatment program and probation. Some mitigating factors your Combs Waterkotte Campbell, 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 – Contact a Campbell, MO Child Pornography Defense Lawyer Right Away at Combs Waterkotte
Child pornography charges are serious and can have lasting, if not permanent, implications on your reputation and future in Campbell, 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 Campbell or Missouri along is risky.
We know that good people often find themselves caught in unfortunate circumstances in Campbell and throughout Missouri. We are here to help. Call our expert Campbell, MO child pornography defense lawyers as soon as possible at (314) 900-HELP or complete our online contact form to schedule a free, confidential consultation.
