Child pornography defense lawyer in Dent 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 Dent County, MO, you could be facing 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 consultation. 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 Dent County, MO?
While there might be many stereotypes, child pornography charges come about in all walks of life in and around Dent County, 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 of age as a participant or portrayed observer of the material.
According to RSMo § 573.037, an individual is charged with the offense of child pornography if such person knowingly or recklessly possesses any child pornography featuring a minor less than 18 years of age or obscene material portraying what appears to be a minor less than 18 years of age.
A few examples of specific child pornography charges in the Dent County, MO area 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: Filming, photographing, or participating in any aspect of the creation process of child pornography.
If you’re facing charges or have been questioned regarding any of these examples – or any other child pornography charges in Dent County, MO – call Combs Waterkotte now at (314) 900-HELP or reach out to us online. You need an experienced advocate on your side to protect your reputation, your rights, and your future.
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What Are the Legal Ramifications for Child Pornography in Dent 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 Dent County, MO if you:
- Possess more than 20 still images of child pornography
- Possess more than 20 obscene still images
- Possess child pornography in the form 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 and Around Dent County, 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:
- 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.
Penalties for Sexual Exploitation of a Minor in the Dent 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 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 imprisonment.
Dent County Resources
Below are quick links to important websites that may assist you with your legal matters in Dent County and Missouri.
Mandatory Sex Offender Registration in Dent 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 classifies offenders into different tiers for sex offender registration requirements. Those include:
- 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. 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 Dent County, MO
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 Dent County, MO child pornography lawyers, we provide help in the following practice areas for clients in Dent County, MO:
What Are Common Defenses Against Child Pornography Charges in Dent County, MO?
The Combs Waterkotte skilled Dent County, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Dent County, MO in cases just like yours. While every case is different with unique circumstances, some defense strategies our lawyers have used include:
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 Dent County, MO could also be considered.
Your knowledgeable Combs Waterkotte defense lawyer 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 poses various threats, and your computer may be exposed to viruses, spyware, malware, spam, or other elements without your knowledge. These intrusions could include child pornography or other obscene materials. Many individuals throughout Dent 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.
A “Not Child Porn” Defense
This defense challenges the prosecution’s burden to prove that material in question involves anyone under the age of 18. 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 Dent County, MO. Law enforcement can occasionally push the limits on getting a warrant or may search beyond the scope of that warrant. If evidence against you was seized illegally, your child pornography defense lawyer will argue it is inadmissible.
Entrapment
Entrapment can occur in a variety of situations throughout the Dent County, MO area. The defense is rooted in the fact that you would not have committed the offense if law enforcement hadn’t contacted you and persuaded you to do so. In some cases, officers may 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 a multitude of people, 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 through participation in a treatment program and probation. Your Combs Waterkotte Dent County, MO defense attorney may present a variety of mitigating factors, such as 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 – Reach Out to a Dent County, 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 Dent 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 Dent County or Missouri along is risky.
We know that good people often find themselves caught in unfortunate circumstances in Dent County and throughout Missouri. We’re here to help. Call our expert Dent County, MO child pornography defense lawyers right away at (314) 900-HELP or complete our online contact form to schedule a free, confidential consultation.
