Child pornography defense lawyer in Harrisonville, MO. Confronting accusations or charges related to the possession or distribution of child pornography poses a significant risk to your personal and professional reputation. If you find your accused of possessing or distributing child pornography in Harrisonville, MO, you may be confronted with serious felony charges and mandatory Missouri sex offender registration upon conviction. It is vital not to leave your defense to chance in such a critical scenario.
Reach out to the criminal defense attorneys at Combs Waterkotte immediately 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.
Legal Videos
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?
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
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
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?
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 …
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?
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
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
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?
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 …
What Can Lead to Child Pornography Charges in Harrisonville, MO?
While there might be prevalent stereotypes, child pornography charges come about in all walks of life in and around Harrisonville, 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.
As per RSMo § 573.037, an individual is charged with the offense of child pornography if such person knowingly or recklessly possesses any child pornography of a minor less than 18 years old or obscene material portraying what appears to be a minor less than 18 years old.
A few specific instances of child pornography charges in Harrisonville and across the state of 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 being involved 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 Harrisonville, MO – call Combs Waterkotte 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 Legal Ramifications for Child Pornography in Harrisonville, 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 Harrisonville, MO if any of the following conditions apply:
- Possess over 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 in the form of one motion picture, film, videotape, videotape production, or other moving image
- Prior conviction for an offense under this section
Legal Ramifications for Promotion of Child Pornography in Harrisonville, 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 along with fines. Also:
- 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.
- Harrisonville, 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 Harrisonville, 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 in prison.
Cass County Resources
Below are quick links to important websites that may assist you with your legal matters in Cass County and Missouri.
Who Has to Register as a Sex Offender in Harrisonville, MO and Throughout Missouri?
Under 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 classifies 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 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: 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 including rape, child molestation, sexual assault, as well as repeat offenses.
Penalties for Not Registering as a Sex Offender in Harrisonville 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 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 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 Harrisonville, MO child pornography lawyers, we provide assistance in the following areas for clients in Harrisonville and anywhere in Missouri:
What Are Common Defenses Against Child Pornography Charges in Harrisonville, MO?
The Combs Waterkotte skilled Harrisonville, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Harrisonville, MO in cases just like yours. While each case presents its own unique circumstances, our attorneys employ a variety of 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 Harrisonville, MO could also be considered.
Your knowledgeable Combs Waterkotte defense attorney 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 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 Harrisonville 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 the subject of the material in question was under 18 years of age. Additionally, if the material in question serves a scientific, religious, or educational purpose it should not be considered 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 Harrisonville, 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 scenarios 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. 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 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 can serve as a strategy to reduce your sentence or, in some cases, avoid imprisonment through participation in a treatment program and probation. Your Combs Waterkotte Harrisonville, MO defense attorney may present various 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 others.
Don’t Hesitate – Reach Out to a Harrisonville, MO Child Pornography Defense Lawyer Right Away at Combs Waterkotte
Child pornography charges are gravely serious and can have lasting, if not permanent, implications on your reputation and future in Harrisonville, 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 Harrisonville or Missouri along is ill-advised.
We recognize that good people often find themselves in unfortunate circumstances in Harrisonville and throughout Missouri. We’re here to help. Call our accomplished Harrisonville, MO child pornography defense lawyers today at (314) 900-HELP or fill out our online contact form to arrange a free, confidential consultation.
