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Child Pornography Defense Lawyer Pevely, MO

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Posted by Christopher Combs on February 23, 2024

Child pornography defense lawyer in Pevely, 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 charged for having or distributing child pornography in or around Pevely, MO, 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 as soon as possible by calling (314) 900-HELP or contacting us online to schedule a complimentary, no-strings-attached case review. 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 Pevely, MO?

While there might be prevalent stereotypes, child pornography charges come up in all walks of life throughout the Pevely, 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 old as a participant or portrayed observer of the material.

As per RSMo § 573.037, an individual is charged with the offense of child pornography if they knowingly or recklessly possess any child pornography of a minor below 18 years old or obscene material portraying what seems to be a minor under 18 years of age.

A few examples of specific child pornography charges in Pevely 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 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, your rights, and your future.

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Child Pornography Defense Lawyer in Pevely, MO | Pevely, MO Criminal Defense | Combs Waterkotte

What Are the Penalties for Child Pornography in Pevely, 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 Pevely, MO if any of the following conditions are met:

  • 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
  • Prior conviction for an offense under this section

Penalties for Promotion of Child Pornography in and Around Pevely, 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:

  • 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.
  • 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 Pevely, 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, carrying a minimum prison sentence of 10 years and a maximum of life in prison.

Mandatory Sex Offender Registration in Pevely, 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 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: 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 Failing to Register as a Sex Offender in Pevely, 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 as an unclassified felony, a class A or B felony, or a felony involving a child under the age of 14, in which case it becomes 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 Pevely, MO child pornography attorneys, we provide help in the following practice areas for clients in Pevely, MO:

Child Pornography Defense Lawyer Pevely, MO | Criminal Defense Law Firm in Pevely, MO | Combs Waterkotte

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

The Combs Waterkotte skilled Pevely, MO child pornography defense team boasts a collective experience of over 60 years, dedicated to defending clients across the Pevely, MO area in cases similar to yours. While every case is different with unique circumstances, some defense strategies our attorneys 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. It could 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 Pevely, MO could also be considered.

Your knowledgeable Combs Waterkotte defense attorney 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 Pevely and throughout Missouri, have numerous files on your computer you didn’t even know existed.

A “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. Also, 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 is vigilant in safeguarding your rights, future, and best interests. If evidence was seized illegally, your Pevely, MO child pornography defense lawyer will argue its inadmissibility.

Entrapment

Entrapment can manifest in various circumstances throughout the Pevely, 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 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 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 via a treatment program and probation. Your Combs Waterkotte Pevely, MO defense attorney may present a variety of 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.

Child Pornography Defense Lawyer Pevely, MO | Pevely, MO Criminal Defense Attorneys | Combs Waterkotte

Don’t Wait – Connect With a Pevely, 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 Pevely, MO. But, as serious as they are, there are defenses available from the skilled and tenacious Combs Waterkotte legal team. Attempting to navigate the uncertainties and intricacies of the legal system in Pevely or Missouri along is risky.

We understand that good people often find themselves caught in bad situations in Pevely and throughout Missouri. We’re here to help. Call our accomplished Pevely, MO child pornography defense lawyers today at (314) 900-HELP or fill out our online contact form to arrange a free, confidential consultation.

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