Child Pornography Defense Lawyer Forsyth, MO

Child pornography defense lawyer in Forsyth, 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 accused of having or distributing child pornography in or around Forsyth, MO, you could be facing 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 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.

What Can Lead to Child Pornography Charges in Forsyth, MO?

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

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 less than 18 years of age or obscene material portraying what appears to be a minor less than 18 years old.

A few examples of specific child pornography charges in Forsyth and elsewhere in 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: Encompasses filming, photographing, or taking part 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.

What Are the Penalties for Child Pornography in Forsyth, 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 Forsyth, 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 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 Forsyth, MO

Engaging in the promotion of child pornography to an adult is classified as a class C felony, carrying potential penalties of up to 7 years in prison and 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 is a class D felony and could mean 4 years in prison and fines.

Legal Ramifications for Sexual Exploitation of a Minor in the Forsyth, 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 increase to a class A felony, which carries a minimum prison sentence of 10 years and a maximum of life in prison.

Mandatory Sex Offender Registration in Forsyth, 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:

Missouri classifies 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 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: Individuals in this tier have a lifetime registration requirement and must report to the CLEO in person every 90 days. Offenses in this category usually involve violent acts like rape, child molestation, sexual assault, as well as repeat offenses.

Penalties for Not Registering as a Sex Offender in Forsyth and Throughout Missouri

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 an award-winning criminal defense law firm based in St. Louis. Along with expert legal representation from our skilled Forsyth, MO child pornography attorneys, we provide assistance in the following areas for clients in Forsyth, MO:

• Drivers License Reinstatement Attorney
• Careless Imprudent Driving Attorneys

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

The Combs Waterkotte skilled Forsyth, MO child pornography defense team boasts a collective experience of more than 60 years, dedicated to defending clients in Forsyth, MO in cases similar to 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 Forsyth, MO, or that the material didn’t belong to you. You also may not have even been aware of the existence of child porn. This may be used if child porn was discovered on a computer or hard drive that is shared, or to which individuals other than you may have had access without your knowledge. You also could have used an unsecured or shared network which enabled another individual to download child porn. An angry co-worker, employee, friend, ex-spouse, or other revengeful individual may be motivated to download child porn on your computer or hard drive in order to frame you in Forsyth, MO.

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

Accidental Possession Defense

The internet can be a treacherous environment. Your computer is continuously susceptible 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 Forsyth and throughout Missouri, have numerous files on your computer you didn’t even know existed.

“Not Child Porn” Defense

This defense is based on 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 may make 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. If evidence was seized illegally, your Forsyth, MO child pornography defense lawyer will argue its inadmissibility.

Entrapment

Entrapment can manifest in various circumstances throughout Missouri. 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. Officers could also try to 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 know – particularly when law enforcement runs a child porn sting operation which may round 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 via a treatment program and probation. Some mitigating factors your Combs Waterkotte Forsyth, 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 – Reach Out to a Forsyth, MO Child Pornography Defense Lawyer Now at Combs Waterkotte

Child pornography charges are serious and can cast enduring, if not permanent, shadows on your reputation and future in Forsyth, 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 Forsyth or Missouri along is ill-advised.

We recognize that good people often find themselves caught in unfortunate circumstances in Forsyth and throughout Missouri. We’re here to help. Call our accomplished Forsyth, MO child pornography defense lawyers as soon as possible at (314) 900-HELP or fill out our online contact form to schedule a free, confidential case review.