Child Pornography Defense Lawyer Macon County, MO

Child pornography defense lawyer in Macon County, MO. Confronting accusations or charges related to the possession or distribution of child pornography poses a significant risk to your personal and professional reputation. If you’re facing charges for possessing or distributing child pornography in Macon 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 case review. 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 Macon County, MO?

Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life throughout the Macon County, 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 old as a participant or portrayed observer.

As per 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 under 18 years of age or obscene material portraying what appears to be a minor below 18 years of age.

A few examples of specific child pornography charges in Macon 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: Filming, photographing, or participating in any aspect of the creation process of child pornography.

If you are facing charges or have been questioned regarding any of these examples – or any other child pornography charges in Macon County, MO – call 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 Penalties for Child Pornography in Macon 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 Macon County, MO if any of the following conditions apply:

• Possess more than 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
• Have previously been found guilty of an offense under this section

Legal Ramifications for Promotion of Child Pornography in and Around Macon 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:

• 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.
• 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 Macon 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 the age of 14 the charges are elevated to a class A felony, which carries a minimum prison sentence of 10 years with a maximum of life in prison.

Mandatory Sex Offender Registration in Macon 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:

Missouri also breaks down 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: 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 Macon County, MO

Failure to register as a sex offender is 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 is elevated to a class D felony.

Combs Waterkotte is a leading criminal defense law firm based in St. Louis. In addition to expert legal representation from our skilled Macon County, MO child pornography attorneys, we provide help in the following practice areas for clients in Macon County and anywhere in Missouri:

• Drivers License Reinstatement Attorney
• Careless Imprudent Driving Attorneys
• Weapons Crime Attorney

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

The Combs Waterkotte skilled Macon County, MO child pornography defense team boasts a collective experience of more than 60 years, dedicated to defending clients in Macon County, MO 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

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 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 Macon County, MO could also be considered.

Your Combs Waterkotte defense lawyer will work to establish that you were not aware of possessing child porn. Give us a call now at (314) 900-HELP or reach out to us online.

An 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 Macon 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. Additionally, 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 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 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 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 multiple 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 can serve as a strategy to minimize your sentence or, in some cases, avoid imprisonment via a treatment program and probation. Your Combs Waterkotte Macon 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 others.

Don’t Wait – Connect With a Macon County, MO Child Pornography Defense Lawyer Right Away at Combs Waterkotte

Child pornography charges are serious and can cast enduring, if not permanent, shadows on your reputation and future in Macon County, 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 Macon County or Missouri legal system on your own.

We understand that good people often find themselves in unfortunate circumstances in Macon County and throughout Missouri. We are here to help. Call our accomplished Macon 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.