Child pornography defense lawyer in Meramec Township, 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 Meramec Township, MO, you may be looking at 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 scenario.
Call the criminal defense attorneys at Combs Waterkotte immediately at (314) 900-HELP or reach out to 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.
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What Can Lead to Child Pornography Charges in Meramec Township, MO?
Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life in and around Meramec Township, MO. 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 of age as a participant or portrayed observer.
As per RSMo § 573.037, an individual commits the offense of child pornography if they knowingly or recklessly possess 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 specific instances of child pornography charges in Meramec Township 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. Having an experienced advocate by your side is crucial to safeguarding your reputation, rights, and future.
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What Are the Legal Ramifications for Child Pornography in Meramec Township, 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 Meramec Township, MO if any of the following conditions apply:
- Possess more than 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
- Have previously been found guilty of an offense under this section
Legal Ramifications for Promotion of Child Pornography in Meramec Township, 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 and 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.
- Individuals 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 Meramec Township, MO Area
If you are facing sexploitation charges, you are facing a class B felony. However, if the child involved was under the age of 14 the charges are elevated to a class A felony, carrying a minimum prison sentence of 10 years and a maximum of life imprisonment.
St. Charles County Resources
Below are quick links to important websites that may assist you with your legal matters in St. Charles County and Missouri.
Mandatory Sex Offender Registration in Meramec Township, MO and Throughout Missouri
According to 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 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 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 such as rape, child molestation, sexual assault, as well as repeat offenses.
Penalties for Failing to Register as a Sex Offender in Meramec Township, MO
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 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 becomes a class D felony.
Combs Waterkotte is an award-winning criminal defense law firm based in St. Louis. Along with expert legal representation from our skilled Meramec Township, MO child pornography attorneys, we provide help in the following practice areas for clients in Meramec Township and anywhere in Missouri:
What Are Common Defenses Against Child Pornography Charges in Meramec Township, MO?
The Combs Waterkotte skilled Meramec Township, MO child pornography defense team boasts a collective experience of over 60 years, dedicated to defending clients across the Meramec Township, MO area in cases similar to yours. While every case is different with unique circumstances, some defense strategies our lawyers have used include:
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 didn’t 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 Meramec Township, MO.
Your Combs Waterkotte defense attorney will work to establish that you were not aware of possessing child porn. Give us a call right away at (314) 900-HELP or reach out to us online.
An 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 Meramec Township 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.
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. 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 defense team at Combs Waterkotte always has your rights, your future, and your best interests in mind in Meramec Township, MO. If evidence was seized illegally, your Meramec Township, MO child pornography defense lawyer will argue its inadmissibility.
Entrapment
Entrapment can occur in a variety of circumstances throughout the Meramec Township, MO area. 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. In some cases, officers may 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 know – particularly when law enforcement runs a child porn sting operation which may round up multiple people, 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 through participation in a treatment program and probation. Your Combs Waterkotte Meramec Township, MO defense attorney may present various mitigating factors, such as 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 – Reach Out to a Meramec Township, 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 Meramec Township, 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 Meramec Township or Missouri legal system on your own.
We understand that good people often find themselves caught in unfortunate circumstances in Meramec Township and throughout Missouri. We’re here to help. Call our expert Meramec Township, 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 consultation.
