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Child Pornography Defense Lawyer Jasper County, MO

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Posted by Christopher Combs on February 23, 2024

Child pornography defense lawyer in Jasper County, 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 Jasper County, 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 scenario.

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.

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What Can Lead to Child Pornography Charges in Jasper County, MO?

While there might be many stereotypes, child pornography charges come about in all walks of life throughout the Jasper 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 of age as a participant or portrayed observer of the material.

As per RSMo § 573.037, a person commits the offense of child pornography if they knowingly or recklessly possess any child pornography of a minor below 18 years of age or obscene material portraying what appears to be a minor under 18 years of age.

A few specific instances of child pornography charges in the Jasper County, MO area 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’re facing charges or have been questioned regarding any of these examples – or any other child pornography charges in the Jasper County, MO area – call Combs Waterkotte now at (314) 900-HELP or reach out to us online. You need an experienced advocate on your side to protect your reputation, your rights, and your future.

Child Pornography Defense Lawyer in Jasper County, MO | Jasper County, MO Criminal Defense | Combs Waterkotte

What Are the Penalties for Child Pornography in Jasper 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 Jasper County, MO if you:

  • Possess more than 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
  • Prior conviction for an offense under this section

Penalties for Promotion of Child Pornography in and Around Jasper County, 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 – punishable by 5-15 years imprisonment.
  • Jasper County, 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 Jasper County, MO Area

If you are facing sexploitation charges, you are facing a class B felony. However, if the child involved was under 14 years of age the charges are elevated to a class A felony, carrying a minimum prison sentence of 10 years and a maximum of life in prison.

Who Has to Register as a Sex Offender in Jasper County, 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 also breaks down 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: Offenders in this tier face 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: 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 such as rape, child molestation, sexual assault, as well as repeat offenses.

Penalties for Failing to Register as a Sex Offender in Jasper County, 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 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 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 Jasper County, MO child pornography lawyers, we provide help in the following practice areas for clients in Jasper County, MO:

Child Pornography Defense Lawyer Jasper County, MO | Criminal Defense Law Firm in Jasper County, MO | Combs Waterkotte

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

The Combs Waterkotte skilled Jasper County, MO child pornography defense team boasts a collective experience of over 60 years, dedicated to defending clients in Jasper County, MO in cases similar to yours. While each case presents its own unique circumstances, our attorneys employ various defense strategies, including:

Unintentional Possession Defense

Also known as “unintended possession,” this defense argues that you did not intend to possess child pornography in or around Jasper County, MO, or that the material did not 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 Jasper County, MO.

Your Combs Waterkotte defense attorney can establish the most important factor – that you didn’t possess child pornography to your knowledge. Give us a call today at (314) 900-HELP or contact us online.

Accidental Possession Defense

The internet can be a treacherous environment. Your computer is continuously subjected 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 Jasper 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 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 may make procedural errors violating an individual’s Fourth Amendment rights under the Constitution. The Combs Waterkotte defense team is vigilant in safeguarding your rights, future, and best interests. 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 initiated contact with 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 it isn’t necessarily a winning defense, 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. Your Combs Waterkotte Jasper County, MO defense attorney may present various mitigating factors, like 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 Jasper County, MO | Jasper County, MO Criminal Defense Attorneys | Combs Waterkotte

Don’t Hesitate – Contact a Jasper County, MO Child Pornography Defense Lawyer Now at Combs Waterkotte

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

We recognize that good people often find themselves in bad situations in Jasper County and throughout Missouri. We’re here to help. Call our accomplished Jasper County, MO child pornography defense lawyers as soon as possible at (314) 900-HELP or fill out our online contact form to arrange a free, confidential consultation.

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