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Child Pornography Defense Lawyer Lincoln County, MO

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Posted by Christopher Combs on February 23, 2024

Child pornography defense lawyer in Lincoln 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 charged for having or distributing child pornography in the Lincoln County, MO area, you could be facing felony charges and mandatory Missouri sex offender registration if convicted. Don’t leave your defense to chance.

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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Do Federal Sex Crimes Require Sex Offender Registration?

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Play video

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

While there might be many stereotypes, child pornography charges come about in all walks of life throughout the Lincoln 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.

According to RSMo § 573.037, a person commits the offense of child pornography if such person knowingly or recklessly possesses any child pornography featuring a minor under 18 years old or obscene material portraying what appears to be a minor less than 18 years old.

A few examples of specific child pornography charges in Lincoln County and across the state of 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: 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 are 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. You need an knowledgeable advocate on your side to protect your reputation, rights, and future.

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

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

  • 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 comprised 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 and Around Lincoln 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 along with fines. Additionally:

  • 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.
  • If you have had a previous child pornography conviction, wholesale promotion of child porn, or promoting child porn to a minor in Missouri, it is a class D felony and could mean 4 years in prison and fines.

Legal Ramifications for Sexual Exploitation of a Minor in the Lincoln 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 increase to a class A felony, which carries a minimum prison sentence of 10 years and a maximum of life imprisonment.

Mandatory Sex Offender Registration in Lincoln County, MO and Throughout Missouri

Under 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 typically include 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: 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 like rape, child molestation, sexual assault, as well as repeat offenses.

Penalties for Not Registering as a Sex Offender in Lincoln 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 14 years of age, in which case it is elevated to 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 Lincoln County, MO child pornography attorneys, we provide assistance in the following areas for clients in Lincoln County, MO:

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

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

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

An Unintentional Possession Defense

Also known as “unintended possession,” this defense argues that you did not intend to possess child pornography in or around Lincoln County, MO, or that the material didn’t belong to you. It may 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 Lincoln County, MO could also be considered.

Your knowledgeable Combs Waterkotte defense attorney will work to establish that you were not aware of possessing child porn. Call us today at (314) 900-HELP or reach out to 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 Lincoln 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 is based on the prosecution’s burden to prove that the subject of the material in question was under 18 years of age. Additionally, if the material 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 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 said warrant. If evidence against you was seized illegally, your child pornography defense lawyer will argue it is inadmissible.

Entrapment

Entrapment can manifest in various scenarios throughout the Lincoln County, MO area. 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 occurs more frequently than we might realize, especially in instances where law enforcement conducts child porn sting operations, rounding up multiple 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 is a possible means to reduce your sentence or, in some cases, avoid imprisonment via a treatment program and probation. Some mitigating factors your Combs Waterkotte Lincoln County, MO defense lawyer can present could include 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 Lincoln County, MO | Lincoln County, MO Criminal Defense Attorneys | Combs Waterkotte

Don’t Hesitate – Contact a Lincoln County, MO Child Pornography Defense Lawyer Right Away at Combs Waterkotte

Child pornography charges are serious and can have lasting, if not permanent, implications on your reputation and future in Lincoln 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 Lincoln County or Missouri along is risky.

We understand that good people often find themselves caught in unfortunate circumstances in Lincoln County and throughout Missouri. We’re here to help. Call our expert Lincoln County, MO child pornography defense lawyers right away at (314) 900-HELP or fill out our online contact form to arrange a free, confidential consultation.

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