Child pornography defense lawyer in Pettis County, 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’ve been charged for having or distributing child pornography in the Pettis County, MO area, you could be looking at a felony charge and mandatory Missouri sex offender registration if convicted. Don’t leave your defense to chance.
Reach out to the criminal defense attorneys at Combs Waterkotte immediately 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.
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What Can Lead to Child Pornography Charges in Pettis County, MO?
Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life in and around Pettis County, 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 less than 18 years old or obscene material portraying what appears to be a minor under 18 years of age.
A few specific instances of child pornography charges in the Pettis 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: Involves 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 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. 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 Pettis 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 Pettis County, MO if you:
- 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 and Around Pettis 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:
- 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.
- 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.
Penalties for Sexual Exploitation of a Minor in the Pettis 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 are elevated to a class A felony, which carries a minimum prison sentence of 10 years and a maximum of life imprisonment.
Pettis County Resources
Below are quick links to important websites that may assist you with your legal matters in Pettis County and Missouri.
Mandatory Sex Offender Registration in Pettis 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. 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: 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 Pettis County, MO
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 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 turns into 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 Pettis County, MO child pornography lawyers, we provide assistance in the following areas for clients in Pettis County, MO:
What Are Common Defenses Against Child Pornography Charges in Pettis County, MO?
The Combs Waterkotte skilled Pettis County, MO child pornography defense team boasts a collective experience of more than 60 years, dedicated to defending clients across the Pettis County, MO area in cases similar to yours. While each case presents its own unique circumstances, our attorneys employ a variety of 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 Pettis County, 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 Pettis County, MO.
Your Combs Waterkotte defense lawyer can establish the most important factor – that you didn’t possess child pornography to your knowledge. Give us a call now 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 Pettis County 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 is based on the prosecution’s burden to prove that material in question involves any individual 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 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 Pettis County, MO. If evidence was seized illegally, your Pettis County, MO child pornography defense lawyer will argue its inadmissibility.
Entrapment
Entrapment can occur in a variety of situations throughout the Pettis County, MO area. This defense asserts 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 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 individuals, 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 Pettis County, 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 Hesitate – Connect With a Pettis County, MO Child Pornography Defense Lawyer Now at Combs Waterkotte
Child pornography charges are gravely serious and can have lasting, if not permanent, implications on your reputation and future in Pettis 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 Pettis County or Missouri along is ill-advised.
We recognize that good people often find themselves in unfortunate circumstances in Pettis County and throughout Missouri. We are here to help. Call our accomplished Pettis County, MO child pornography defense lawyers right away at (314) 900-HELP or complete our online contact form to schedule a free, confidential consultation.
