Child pornography defense lawyer in Creve Coeur, 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 Creve Coeur, MO area, you could be looking at felony charges and mandatory Missouri sex offender registration if convicted. Don’t leave that 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 Creve Coeur, MO?
While there might be prevalent stereotypes, child pornography charges come up in all walks of life in and around Creve Coeur, MO. 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, a person commits the offense of child pornography if they knowingly or recklessly possess any child pornography featuring a minor below 18 years old or obscene material portraying what seems to be a minor under 18 years of age.
A few specific instances of child pornography charges in Creve Coeur 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 being involved 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 Creve Coeur, 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 Creve Coeur, MO if any of the following conditions are met:
- 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
Penalties for Promotion of Child Pornography in and Around Creve Coeur, 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:
- If you knowingly promote child porn to a minor, or promote obscene material of a child under 14 years of age, you could be facing 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.
Legal Ramifications for Sexual Exploitation of a Minor in the Creve Coeur, 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, which carries a minimum prison sentence of 10 years and a maximum of life imprisonment.
St. Louis County Resources
Below are quick links to important websites that may assist you with your legal matters in St. Louis County and Missouri.
Mandatory Sex Offender Registration in Creve Coeur, 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 also breaks down offenders into different tiers for sex offender registration requirements, including:
- Tier I Offenders: These individuals 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 more for 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. 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 Creve Coeur 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 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 a leading criminal defense law firm based in St. Louis. Along with expert legal representation from our skilled Creve Coeur, MO child pornography attorneys, we provide assistance in the following areas for clients in Creve Coeur and anywhere in Missouri:
What Are Common Defenses Against Child Pornography Charges in Creve Coeur, MO?
The Combs Waterkotte skilled Creve Coeur, MO child pornography defense team boasts a collective experience of over 60 years, dedicated to defending clients in Creve Coeur, MO in cases similar to yours. While every case is different with unique circumstances, some defense strategies our lawyers 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 Creve Coeur, 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 Creve Coeur, MO could also be considered.
Your knowledgeable Combs Waterkotte defense attorney will work to establish that you were not aware of possessing child porn. Call us today at (314) 900-HELP or reach out to 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 Creve Coeur and throughout Missouri, have numerous files on your computer you didn’t even know existed.
A “Not Child Porn” Defense
This defense challenges 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 Combs Waterkotte defense team always has your rights, your future, and your best interests in mind in Creve Coeur, MO. If evidence was seized illegally, your Creve Coeur, MO child pornography defense lawyer will argue its inadmissibility.
Entrapment
Entrapment can manifest in various situations throughout the Creve Coeur, MO area. This defense asserts 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 not guaranteed to result in acquittal, claiming a psychological addiction to child pornography is a possible means to reduce your sentence or, in some cases, avoid imprisonment via a treatment program and probation. Some mitigating factors your Combs Waterkotte Creve Coeur, 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 Hesitate – Contact a Creve Coeur, 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 Creve Coeur, MO. But, as serious as they are, there are defenses available from the skilled and tenacious Combs Waterkotte legal team. Attempting to navigate the uncertainties and intricacies of the legal system in Creve Coeur or Missouri along is ill-advised.
We recognize that good people often find themselves caught in unfortunate circumstances in Creve Coeur and throughout Missouri. We are here to help. Call our accomplished Creve Coeur, MO child pornography defense lawyers today at (314) 900-HELP or complete our online contact form to arrange a free, confidential consultation.
