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Child Pornography Defense Lawyer Cooper County, MO

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Posted by Christopher Combs on February 23, 2024

Child pornography defense lawyer in Cooper 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 or around Cooper County, MO, you could be facing a felony charge 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 as soon as possible by calling (314) 900-HELP or contacting us online to schedule a complimentary, no-strings-attached case review. 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 Happens When You Are Wrongfully Accused of a Sex Crime?
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What Happens When You Are Wrongfully Accused of a Sex Crime?

What happens when you are wrongfully accused of a sex crime? Episode Transcript Steve Waterkotte: Right. And you'll see sometimes, and I've had cases, where you had two individuals …

Too Intoxicated to Give Consent?
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Too Intoxicated to Give Consent?

Missouri criminal defense lawyers Steven Waterkotte and Chris Combs talk about alleged victims being too intoxicated to give consent. Episode Transcript Steve Waterkotte: Most people …

Criminal Lawyer Talks About Representing Sex Criminals
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Criminal Lawyer Talks About Representing Sex Criminals

Real Criminal Defense Lawyer talks about representing sex criminals. Episode Transcript Steve Waterkotte: I always say probably what the public views as the most vile or despicable …

Your Word Against Theirs in Court
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Your Word Against Theirs in Court

Are just allegations enough to get charged with a crime? When it's your word against theirs in court. Episode Transcript Chris Combs: And allegations alone will do it. Steve hit on this …

What Happens When You Are Charged With a Child Sex Crime?
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What Happens When You Are Charged With a Child Sex Crime?

What happens when you are charged with a child sex crime? Episode Transcript Chris Combs: If you're a tier three sex offender, you can only have approved electronic devices. You have to …

Can You Subpoena Snapchat Records as Evidence?
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Can You Subpoena Snapchat Records as Evidence?

Can you subpoena Snapchat or social media records in court? Turns out you can. Episode Transcript Steve Waterkotte: Sometimes you may have to subpoena phone records of the other person.

Combs Waterkotte Interview Part Five
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Combs Waterkotte Interview Part Five

Combs Waterkotte is Missouri's Leading Criminal Defense and DWI/DUI Law Firm, with over 10,000 successful cases handled. This interview serves as an introduction to our firm and is part of a …

What Happens When You Are Wrongfully Accused of a Sex Crime?
Play video

What Happens When You Are Wrongfully Accused of a Sex Crime?

What happens when you are wrongfully accused of a sex crime? Episode Transcript Steve Waterkotte: Right. And you'll see sometimes, and I've had cases, where you had two individuals …

Too Intoxicated to Give Consent?
Play video

Too Intoxicated to Give Consent?

Missouri criminal defense lawyers Steven Waterkotte and Chris Combs talk about alleged victims being too intoxicated to give consent. Episode Transcript Steve Waterkotte: Most people …

Criminal Lawyer Talks About Representing Sex Criminals
Play video

Criminal Lawyer Talks About Representing Sex Criminals

Real Criminal Defense Lawyer talks about representing sex criminals. Episode Transcript Steve Waterkotte: I always say probably what the public views as the most vile or despicable …

Your Word Against Theirs in Court
Play video

Your Word Against Theirs in Court

Are just allegations enough to get charged with a crime? When it's your word against theirs in court. Episode Transcript Chris Combs: And allegations alone will do it. Steve hit on this …

What Happens When You Are Charged With a Child Sex Crime?
Play video

What Happens When You Are Charged With a Child Sex Crime?

What happens when you are charged with a child sex crime? Episode Transcript Chris Combs: If you're a tier three sex offender, you can only have approved electronic devices. You have to …

Can You Subpoena Snapchat Records as Evidence?
Play video

Can You Subpoena Snapchat Records as Evidence?

Can you subpoena Snapchat or social media records in court? Turns out you can. Episode Transcript Steve Waterkotte: Sometimes you may have to subpoena phone records of the other person.

Combs Waterkotte Interview Part Five
Play video

Combs Waterkotte Interview Part Five

Combs Waterkotte is Missouri's Leading Criminal Defense and DWI/DUI Law Firm, with over 10,000 successful cases handled. This interview serves as an introduction to our firm and is part of a …


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

Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life throughout the Cooper 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 old as a participant or portrayed observer.

As per RSMo § 573.037, a person is charged with the offense of child pornography if they knowingly or recklessly possess any child pornography featuring a minor under 18 years of age or obscene material portraying what seems to be a minor less than 18 years old.

A few specific instances of child pornography charges in Cooper 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: Involves 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 are facing charges or have been questioned regarding any of these examples – or any other child pornography charges in the Cooper County, 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.

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Child Pornography Defense Lawyer in Cooper County, MO | Cooper County, MO Criminal Defense | Combs Waterkotte

What Are the Legal Ramifications for Child Pornography in Cooper 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 Cooper County, MO if any of the following conditions apply:

  • 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 comprised of one motion picture, film, videotape, videotape production, or other moving image
  • Have previously been found guilty of an offense under this section

Penalties for Promotion of Child Pornography in Cooper County, MO

The promotion of child pornography to an adult is a class C felony, carrying potential penalties of 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, leading to imprisonment for a duration of 5-15 years.
  • Cooper County, MO residents 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 Cooper 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 14 years old the charges increase to a class A felony, which carries a minimum prison sentence of 10 years and a maximum of life imprisonment.

Mandatory Sex Offender Registration in Cooper County, MO and Throughout Missouri

Under 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. Those include:

  • 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 including rape, child molestation, sexual assault, as well as repeat offenses.

Penalties for Not Registering as a Sex Offender in Cooper County, 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 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 Cooper County, MO child pornography lawyers, we provide help in the following practice areas for clients in Cooper County and anywhere in Missouri:

Child Pornography Defense Lawyer Cooper County, MO | Criminal Defense Law Firm in Cooper County, MO | Combs Waterkotte

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

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

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. 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 Cooper County, MO could also be considered.

Your Combs Waterkotte defense attorney will work to establish that you were not aware of possessing child porn. Call us right away at (314) 900-HELP or contact us online.

An 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 Cooper County and throughout Missouri, have numerous files on your computer you didn’t even know existed.

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. 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 defense team at Combs Waterkotte always has your rights, your future, and your best interests in mind in Cooper County, MO. If evidence was seized illegally, your Cooper County, 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. Officers could also try to induce individuals to purchase content which 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 numerous 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 Cooper 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 more.

Child Pornography Defense Lawyer Cooper County, MO | Cooper County, MO Criminal Defense Attorneys | Combs Waterkotte

Don’t Hesitate – Connect With a Cooper County, MO Child Pornography Defense Lawyer Now at Combs Waterkotte

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

We recognize that good people often find themselves caught in bad situations in Cooper County and throughout Missouri. We’re here to help. Call our accomplished Cooper County, 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.

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