Child pornography defense lawyer in Lafayette County, 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 Lafayette County, MO area, you could be facing a felony charge and mandatory Missouri sex offender registration if convicted. Don’t leave that to chance.
Call the criminal defense attorneys at Combs Waterkotte immediately at (314) 900-HELP or reach out to 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.
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 Lafayette County, MO?
While there might be prevalent stereotypes, child pornography charges come up in all walks of life throughout the Lafayette 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 such person knowingly or recklessly possesses any child pornography featuring a minor less than 18 years old or obscene material portraying what seems to be a minor below 18 years of age.
A few specific instances of child pornography charges in Lafayette County 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: 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’re 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. You need an experienced advocate on your side to protect your reputation, rights, and future.
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What Are the Penalties for Child Pornography in Lafayette 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 Lafayette County, MO if you:
- 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 in the form 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 Lafayette 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 and fines. Moreover:
- Knowingly promoting child pornography to a minor or distributing obscene material featuring a child under the age of 14 could escalate the charges to a class B felony, leading to imprisonment for a duration of 5-15 years.
- If you have had a previous child pornography conviction, wholesale promotion of child porn, or promoting child porn to a minor in Missouri, it’s a class D felony and could mean 4 years in prison and fines.
Penalties for Sexual Exploitation of a Minor in the Lafayette 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 14 years old the charges are elevated to a class A felony, which carries a minimum prison sentence of 10 years and a maximum of life imprisonment.
Lafayette County Resources
Below are quick links to important websites that may assist you with your legal matters in Lafayette County and Missouri.
Mandatory Sex Offender Registration in Lafayette 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 classifies 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 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. 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. These offenses include violent acts such as rape, child molestation, sexual assault, as well as repeat offenses.
Penalties for Failing to Register as a Sex Offender in Lafayette 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 a leading criminal defense law firm based in St. Louis. Along with expert legal representation from our skilled Lafayette County, MO child pornography attorneys, we provide help in the following practice areas for clients in Lafayette County and anywhere in Missouri:
What Are Common Defenses Against Child Pornography Charges in Lafayette County, MO?
The Combs Waterkotte skilled Lafayette County, MO child pornography defense team boasts a collective experience of over 60 years, dedicated to defending clients in Lafayette County, MO in cases similar to yours. While every case is different with unique circumstances, some defense strategies our attorneys have used include:
An 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 Lafayette County, MO could also be considered.
Your Combs Waterkotte defense attorney will work to establish that you were not aware of possessing child porn. Give us a call 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 Lafayette County 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.
“Not Child Porn” Defense
This defense challenges the prosecution’s burden to prove that material in question involves anyone 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 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 Lafayette County, MO. If evidence was seized illegally, your Lafayette County, MO child pornography defense lawyer will argue its inadmissibility.
Entrapment
Entrapment can occur in a variety of scenarios throughout Missouri. This defense asserts 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 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 individuals, 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 minimize your sentence or, in some cases, avoid imprisonment via a treatment program and probation. Your Combs Waterkotte Lafayette County, MO defense attorney may present a variety of 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.
Don’t Wait – Connect With a Lafayette County, MO Child Pornography Defense Lawyer Now at Combs Waterkotte
Child pornography charges are serious and can have lasting, if not permanent, implications on your reputation and future in Lafayette 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 Lafayette County or Missouri along is ill-advised.
We know that good people often find themselves in bad situations in Lafayette County and throughout Missouri. We’re here to help. Call our accomplished Lafayette County, MO child pornography defense lawyers as soon as possible at (314) 900-HELP or fill out our online contact form to schedule a free, confidential case review.
