Child Pornography Defense Lawyer O’Fallon, MO

Child pornography defense lawyer in O’Fallon, 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 O’Fallon, 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 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 O’Fallon, MO?

While there might be prevalent stereotypes, child pornography charges come about in all walks of life in and around O’Fallon, MO. 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, an individual is charged with the offense of child pornography if such person knowingly or recklessly possesses any child pornography of a minor less than 18 years old or obscene material portraying what appears to be a minor less than 18 years of age.

A few specific instances of child pornography charges in O’Fallon and elsewhere in 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 being involved 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. Having an knowledgeable advocate by your side is crucial to safeguarding your reputation, rights, and future.

What Are the Penalties for Child Pornography in O’Fallon, 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 O’Fallon, 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 O’Fallon, MO

The promotion of child pornography to an adult is a class C felony, punishable by up to 7 years in prison and 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’s a class D felony and could mean 4 years in prison and fines.

Legal Ramifications for Sexual Exploitation of a Minor in the O’Fallon, 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 increase to a class A felony, carrying a minimum prison sentence of 10 years and a maximum of life in prison.

Who Has to Register as a Sex Offender in O’Fallon, 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:

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: Offenders in this tier face 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: 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 such as rape, child molestation, sexual assault, as well as repeat offenses.

Penalties for Not Registering as a Sex Offender in O’Fallon and Throughout Missouri

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 the age of 14, 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 O’Fallon, MO child pornography attorneys, we provide help in the following practice areas for clients in O’Fallon, MO:

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

What Are Common Defenses Against Child Pornography Charges in O’Fallon, MO?

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

Unintentional Possession Defense

Also known as “unintended possession,” this defense argues that you did not intend to possess child pornography in or around O’Fallon, MO, 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 O’Fallon, MO.

Your Combs Waterkotte defense lawyer can establish the most important factor – that you didn’t possess child pornography to your knowledge. Call us today at (314) 900-HELP or contact 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 O’Fallon 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 challenges the prosecution’s burden to prove that material in question involves any individual under the age of 18. Additionally, if the material 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 O’Fallon, 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 manifest in various circumstances throughout Missouri. 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 occurs more frequently than we might know – particularly when law enforcement runs a child porn sting operation which may round 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 reduce your sentence or, in some cases, avoid imprisonment through participation in a treatment program and probation. Some mitigating factors your Combs Waterkotte O’Fallon, 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 others.

Don’t Wait – Contact a O’Fallon, 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 O’Fallon, 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. Don’t try to navigate the uncertainties and complexities of the O’Fallon or Missouri legal system on your own.

We recognize that good people often find themselves in unfortunate circumstances in O’Fallon and throughout Missouri. We’re here to help. Call our accomplished O’Fallon, MO child pornography defense lawyers today at (314) 900-HELP or fill out our online contact form to schedule a free, confidential case review.