Child pornography defense lawyer in Livingston County, MO. Confronting accusations or charges related to the possession or distribution of child pornography poses a substantial risk to your personal and professional standing. If you find your accused of possessing or distributing child pornography in Livingston County, MO, you may be confronted with serious felony charges and mandatory Missouri sex offender registration upon conviction. It is crucial 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 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.
What Can Lead to Child Pornography Charges in Livingston County, MO?
While there might be prevalent stereotypes, child pornography charges come up in all walks of life throughout the Livingston 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 is charged with the offense of child pornography if they knowingly or recklessly possess any child pornography of a minor under 18 years of age or obscene material portraying what seems to be a minor below 18 years of age.
A few examples of specific child pornography charges in the Livingston County, MO area 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 facing charges or have been questioned regarding any of these examples – or any other child pornography charges in Livingston County, MO – 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, rights, and future.
What Are the Legal Ramifications for Child Pornography in Livingston 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 Livingston 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
- Have previously been found guilty of an offense under this section
Penalties for Promotion of Child Pornography in and Around Livingston 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. 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 – punishable by 5-15 years imprisonment.
- Livingston 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.
Legal Ramifications for Sexual Exploitation of a Minor in the Livingston 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 increase 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 Livingston County, MO and Throughout Missouri?
According to 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 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. 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 Livingston County and Throughout Missouri
Failure to register as a sex offender is a class E felony unless the individual is 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 a leading criminal defense law firm based in St. Louis. Along with expert legal representation from our skilled Livingston County, MO child pornography lawyers, we provide assistance in the following areas for clients in Livingston County, MO:
- Crime Defense Lawyers
- Domestic Violence Defense Attorneys
- Criminal Lawyer
- Juvenile Defense Lawyer
- Sexual Misconduct Lawyer
- Traffic Ticket Lawyer
- Order of Protection Defense Lawyer
- Speeding Ticket Lawyer
What Are Common Defenses Against Child Pornography Charges in Livingston County, MO?
The Combs Waterkotte skilled Livingston County, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Livingston County, MO in cases just like yours. While every case is different with unique circumstances, some defense strategies our attorneys have used include:
An Unintentional Possession Defense
Also known as “unintended possession,” this defense argues that you did not intend to possess child pornography in or around Livingston 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 Livingston County, MO could also be considered.
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 right away at (314) 900-HELP or reach out to 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 Livingston County and throughout Missouri, have numerous files on your computer you didn’t even know existed.
“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. Also, if the material in question serves a scientific, religious, or educational purpose it should not be considered 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 Livingston County, MO. If evidence was seized illegally, your Livingston County, MO child pornography defense lawyer will argue its inadmissibility.
Entrapment
Entrapment can manifest in various situations 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. 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 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 minimize your sentence or, in some cases, avoid imprisonment via a treatment program and probation. Your Combs Waterkotte Livingston 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 others.
Don’t Wait – Reach Out to a Livingston County, MO Child Pornography Defense Lawyer Right Now at Combs Waterkotte
Child pornography charges are gravely serious and can cast enduring, if not permanent, shadows on your reputation and future in Livingston County, MO. However, even in the face of such severity, there exist defenses that can wield effectively by the adept and relentless Combs Waterkotte legal team. Attempting to navigate the uncertainties and intricacies of the legal system in Livingston County or Missouri along is risky.
We understand that good people often find themselves in bad situations in Livingston County and throughout Missouri. We’re here to help. Call our accomplished Livingston County, MO child pornography defense lawyers as soon as possible at (314) 900-HELP or complete our online contact form to schedule a free, confidential case review.
