Child pornography defense lawyer in Gentry County, MO. Confronting accusations or charges related to the possession or distribution of child pornography poses a substantial risk to your personal and professional reputation. If you find your accused of possessing or distributing child pornography in Gentry County, MO, you may be confronted with serious felony charges and mandatory Missouri sex offender registration upon conviction. It is crucial not to leave your defense to chance in such a critical scenario.
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 consultation. 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 Can Lead to Child Pornography Charges in Gentry County, MO?
While there might be prevalent stereotypes, child pornography charges come up in all walks of life throughout the Gentry County, MO area. 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, an individual 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 below 18 years of age.
A few examples of specific child pornography charges in Gentry County 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: Filming, photographing, or taking part 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 Gentry County, MO – 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, rights, and future.
What Are the Legal Ramifications for Child Pornography in Gentry 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 Gentry County, MO if you:
- Possess over 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
Legal Ramifications for Promotion of Child Pornography in Gentry County, 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 along with 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.
Penalties for Sexual Exploitation of a Minor in the Gentry 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, which carries a minimum prison sentence of 10 years with a maximum of life imprisonment.
Mandatory Sex Offender Registration in Gentry County, 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. 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 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: 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 like rape, child molestation, sexual assault, as well as repeat offenses.
Penalties for Not Registering as a Sex Offender in Gentry County, MO
Failure to register as a sex offender is considered 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 turns into 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 Gentry County, MO child pornography attorneys, we provide assistance in the following areas for clients in Gentry County and anywhere in Missouri:
- Crime Defense Lawyers
- Domestic Violence Defense Attorneys
- Criminal Lawyer
- Juvenile Defense Lawyer
- Sexual Misconduct Lawyer
- Traffic Ticket Lawyer
- Order of Protection Defense Lawyer
- Speeding Ticket Lawyer
What Are Common Defenses Against Child Pornography Charges in Gentry County, MO?
The Combs Waterkotte skilled Gentry County, MO child pornography defense team boasts a collective experience of over 60 years, dedicated to defending clients across the Gentry County, MO area in cases similar to yours. While every case is different with unique circumstances, some defense strategies our lawyers have used include:
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. 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 Gentry County, MO.
Your knowledgeable 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 reach out to 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 Gentry County 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 material in question involves any individual 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 defense team at Combs Waterkotte is vigilant in safeguarding your rights, future, and best interests. If evidence was seized illegally, your Gentry County, MO child pornography defense lawyer will argue its inadmissibility.
Entrapment
Entrapment can manifest in various circumstances throughout the Gentry 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 occurs more frequently than we might know – particularly when law enforcement runs a child porn sting operation which may round up numerous 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. Some mitigating factors your Combs Waterkotte Gentry 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.
Don’t Hesitate – Reach Out to a Gentry County, MO Child Pornography Defense Lawyer Right Now at Combs Waterkotte
Child pornography charges are gravely serious and can have lasting, if not permanent, implications on your reputation and future in Gentry County, MO. But, as serious as they are, there are defenses available from the skilled and tenacious Combs Waterkotte legal team. Don’t risk navigating the uncertainties and complexities of the Gentry County or Missouri legal system on your own.
We understand that good people often find themselves in bad situations in Gentry County and throughout Missouri. We are here to help. Call our expert Gentry County, MO child pornography defense lawyers right away at (314) 900-HELP or complete our online contact form to schedule a free, confidential consultation.
