Child pornography defense lawyer in Oak Grove, 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 have been accused of having or distributing child pornography in the Oak Grove, MO area, you could be facing a felony charge and mandatory Missouri sex offender registration if convicted. Don’t leave that to chance.
Reach out to the criminal defense attorneys at Combs Waterkotte as soon as possible by calling (314) 900-HELP or contacting us online to schedule a complimentary, no-strings-attached consultation. Our skilled child pornography defense lawyer is ready to meet with you personally, analyze the details of your case, and offer insights on the appropriate course of action.
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 Oak Grove, MO?
While there might be many stereotypes, child pornography charges come up in all walks of life throughout the Oak Grove, 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 such person knowingly or recklessly possesses 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 Oak Grove 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: 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 right 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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What Are the Legal Ramifications for Child Pornography in Oak Grove, 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 Oak Grove, 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 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 Oak Grove, MO
The promotion of child pornography to an adult is a class C felony, punishable by up to 7 years in prison along with fines. Moreover:
- 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.
- Oak Grove, 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.
Penalties for Sexual Exploitation of a Minor in the Oak Grove, MO Area
If you are facing sexploitation charges, you are facing 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 with a maximum of life imprisonment.
Jackson County Resources
Below are quick links to important websites that may assist you with your legal matters in Jackson County and Missouri.
Who Has to Register as a Sex Offender in Oak Grove, 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 classifies offenders into different tiers for sex offender registration requirements, including:
- 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 are for 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. Offenses in this category usually involve violent acts such as rape, child molestation, sexual assault, as well as repeat offenses.
Penalties for Not Registering as a Sex Offender in Oak Grove and Throughout Missouri
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 is elevated to 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 Oak Grove, MO child pornography attorneys, we provide assistance in the following areas for clients in Oak Grove and anywhere in Missouri:
What Are Common Defenses Against Child Pornography Charges in Oak Grove, MO?
The Combs Waterkotte skilled Oak Grove, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Oak Grove, MO in cases just like yours. While every case is different with unique circumstances, some defense strategies our lawyers 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 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 Oak Grove, MO.
Your Combs Waterkotte defense lawyer will work to establish that you were not aware of possessing child porn. Give us a call today at (314) 900-HELP or contact us online.
Accidental Possession Defense
The internet poses various threats, and your computer may be exposed to viruses, spyware, malware, spam, or other elements without your knowledge. These intrusions could include child pornography or other obscene materials. Many individuals throughout Oak Grove and Missouri have files on their computers that they are unaware of. 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 is based on the prosecution’s burden to prove that material in question involves anyone under the age of 18. 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 always has your rights, your future, and your best interests in mind in Oak Grove, MO. Law enforcement can occasionally push the limits on getting a warrant or may search beyond the scope of that warrant. If evidence against you was seized illegally, your child pornography defense lawyer will argue it is inadmissible.
Entrapment
Entrapment can occur in a variety of situations throughout the Oak Grove, MO area. The defense is rooted in the fact 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 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 reduce your sentence or, in some cases, avoid imprisonment via a treatment program and probation. Your Combs Waterkotte Oak Grove, 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 Oak Grove, MO Child Pornography Defense Lawyer Right Now at Combs Waterkotte
Child pornography charges are gravely serious and can have lasting, if not permanent, implications on your reputation and future in Oak Grove, 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 Oak Grove or Missouri along is risky.
We understand that good people often find themselves caught in unfortunate circumstances in Oak Grove and throughout Missouri. We are here to help. Call our accomplished Oak Grove, MO child pornography defense lawyers right away at (314) 900-HELP or complete our online contact form to arrange a free, confidential case review.
