Child Pornography Defense Lawyer Holts Summit, MO

Child pornography defense lawyer in Holts Summit, MO. Confronting accusations or charges related to the possession or distribution of child pornography poses a significant risk to your personal and professional standing. If you find your accused of possessing or distributing child pornography in Holts Summit, MO, you may be looking at 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 situation.

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 Holts Summit, MO?

Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life throughout the Holts Summit, 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.

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

A few specific instances of child pornography charges in Holts Summit and elsewhere in Missouri 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 taking part in any aspect of the creation process of child pornography.

If you’re confronted with charges related to any of these instances or other child pornography charges, it is imperative to contact 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, rights, and future.

What Are the Legal Ramifications for Child Pornography in Holts Summit, 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 Holts Summit, MO if you:

• Possess more than 20 still images of child pornography
• Possess over 20 obscene still images
• Possess child pornography comprised 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
• 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. 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.
• 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

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.

Who Has to Register as a Sex Offender 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:

Missouri classifies offenders into different tiers for sex offender registration requirements, including:

• 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 typically include 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 including rape, child molestation, sexual assault, as well as repeat offenses.

Penalties for Failing to Register as a Sex Offender in Holts Summit, 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 as 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 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:

• Drivers License Reinstatement Attorney
• Careless Imprudent Driving Attorneys
• Weapons Crime Attorney
• DWI Administrative Hearing Lawyer

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

The Combs Waterkotte skilled Holts Summit, MO child pornography defense team boasts a collective experience of more than 60 years, dedicated to defending clients in Holts Summit, MO in cases similar to yours. While each case presents its own unique circumstances, our attorneys employ various 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 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 Holts Summit, MO.

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

Accidental Possession Defense

The internet poses various threats, and your computer is susceptible to viruses, spyware, malware, spam, or other elements without your knowledge. These intrusions could include child pornography or other obscene materials. Many individuals throughout Holts Summit and Missouri have files on their computers that they are in the dark about. 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 is based on 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 Combs Waterkotte defense team always has your rights, your future, and your best interests in mind in Holts Summit, MO. Law enforcement can occasionally push the limits on getting a warrant or may search beyond the scope of said 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 the Holts Summit, 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. Officers could also try to 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 realize, especially in instances where law enforcement conducts child porn sting operations, rounding up numerous individuals, not all of whom are guilty.

Psychological Addiction/Mitigating Circumstances

While it isn’t necessarily a winning defense, claiming a psychological addiction to child pornography can serve as a strategy to minimize your sentence or, in some cases, avoid imprisonment via a treatment program and probation. Your Combs Waterkotte Holts Summit, 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 – Contact a Holts Summit, 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 Holts Summit, MO. But, as serious as they are, there are defenses available from the skilled and tenacious Combs Waterkotte legal team. Don’t try to navigate the uncertainties and complexities of the Holts Summit or Missouri legal system on your own.

We understand that good people often find themselves caught in bad situations in Holts Summit and throughout Missouri. We are 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 case review.