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Child Pornography Defense Lawyer Holts Summit, MO

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Posted by Christopher Combs on February 23, 2024

Child pornography defense lawyer in Holts Summit, 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 Holts Summit, MO area, you could be facing felony charges and mandatory Missouri sex offender registration if convicted. Don’t leave your defense to chance.

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 Happens When You Are Wrongfully Accused of a Sex Crime?
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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?
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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
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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
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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?
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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 …

Can You Subpoena Snapchat Records as Evidence?
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Can You Subpoena Snapchat Records as Evidence?

Can you subpoena Snapchat or social media records in court? Turns out you can. Episode Transcript Steve Waterkotte: Sometimes you may have to subpoena phone records of the other person.

Combs Waterkotte Interview Part Five
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Combs Waterkotte Interview Part Five

Combs Waterkotte is Missouri's Leading Criminal Defense and DWI/DUI Law Firm, with over 10,000 successful cases handled. This interview serves as an introduction to our firm and is part of a …

What Happens When You Are Wrongfully Accused of a Sex Crime?
Play video

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?
Play video

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
Play video

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
Play video

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?
Play video

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 …

Can You Subpoena Snapchat Records as Evidence?
Play video

Can You Subpoena Snapchat Records as Evidence?

Can you subpoena Snapchat or social media records in court? Turns out you can. Episode Transcript Steve Waterkotte: Sometimes you may have to subpoena phone records of the other person.

Combs Waterkotte Interview Part Five
Play video

Combs Waterkotte Interview Part Five

Combs Waterkotte is Missouri's Leading Criminal Defense and DWI/DUI Law Firm, with over 10,000 successful cases handled. This interview serves as an introduction to our firm and is part of a …


What Can Lead to Child Pornography Charges in Holts Summit, MO?

Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life in and around Holts Summit, MO. 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 old as a participant or portrayed observer.

As per RSMo § 573.037, an individual is charged with the offense of child pornography if they knowingly or recklessly possess any child pornography of a minor under 18 years old or obscene material portraying what appears to be a minor under 18 years old.

A few examples of specific child pornography charges in the Holts Summit, MO area are:

  • Possessing Child Pornography: Having child pornography in your possession, regardless 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 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 knowledgeable advocate by your side is crucial to safeguarding your reputation, your rights, and your future.

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Child Pornography Defense Lawyer in Holts Summit, MO | Holts Summit, MO Criminal Defense | Combs Waterkotte

What Are the Legal Ramifications for Child Pornography in Holts Summit, 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 Holts Summit, MO if any of the following conditions are met:

  • Possess over 20 still images of child pornography
  • Possess more than 20 obscene still images
  • Possess child pornography comprised 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 and Around Holts Summit, MO

The promotion of child pornography to an adult is 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.
  • Holts Summit, 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 Holts Summit, MO Area

If you are facing sexploitation charges, you are facing 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 and a maximum of life in prison.

Mandatory Sex Offender Registration in Holts Summit, 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 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 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: 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 Failing to Register as a Sex Offender in Holts Summit 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 14 years of age, in which case it becomes a class D felony.

Combs Waterkotte is an award-winning criminal defense law firm based in St. Louis. In addition to expert legal representation from our skilled Holts Summit, MO child pornography lawyers, we provide help in the following practice areas for clients in Holts Summit, MO:

Child Pornography Defense Lawyer Holts Summit, MO | Criminal Defense Law Firm in Holts Summit, MO | Combs Waterkotte

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

The Combs Waterkotte skilled Holts Summit, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Holts Summit, MO in cases just like 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 Holts Summit, MO, or that the material didn’t 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 Holts Summit, MO could also be considered.

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

An 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 Holts Summit 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 Holts Summit, MO. If evidence was seized illegally, your Holts Summit, MO child pornography defense lawyer will argue its inadmissibility.

Entrapment

Entrapment can manifest in various circumstances throughout Missouri. 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. In some cases, officers may 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 occurs more frequently 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 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 Holts Summit, 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 more.

Child Pornography Defense Lawyer Holts Summit, MO | Holts Summit, MO Criminal Defense Attorneys | Combs Waterkotte

Don’t Hesitate – Reach Out to a Holts Summit, 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 Holts Summit, 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 Holts Summit or Missouri legal system on your own.

We know that good people often find themselves caught in bad situations in Holts Summit and throughout Missouri. We’re here to help. Call our expert Holts Summit, MO child pornography defense lawyers today at (314) 900-HELP or complete our online contact form to arrange a free, confidential consultation.

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