Image

Pevely, MO

Verified Content

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 accused of 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 that to chance.

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 Pevely, MO?

Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life throughout the Pevely, MO area. 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.

According to RSMo § 573.037, an individual commits the offense of child pornography if they knowingly or recklessly possess any child pornography of a minor less than 18 years of age 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 Pevely, MO area 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: Filming, photographing, or taking part in any aspect of the creation process of child pornography.

If you’re facing charges or have been questioned regarding any of these examples – or any other child pornography charges in the Pevely, MO area – call Combs Waterkotte right away at (314) 900-HELP or reach out to us online. You need an experienced advocate on your side to protect your reputation, rights, and future.

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

What Are the Legal Ramifications 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 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 Pevely, MO

Engaging in the promotion of child pornography to an adult is classified as a class C felony, carrying potential penalties of up to 7 years in prison and fines. Also:

  • 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 is a class D felony and could mean 4 years in prison and fines.

Penalties 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 14 years old the charges increase to a class A felony, which carries a minimum prison sentence of 10 years and a maximum of life in prison.

Who Has to Register as a Sex Offender in Pevely, MO and Throughout Missouri?

Under 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: These have 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. These offenses include violent acts such as rape, child molestation, sexual assault, as well as repeat offenses.

Penalties for Not Registering as a Sex Offender in Pevely, 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 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 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 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 more than 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 lawyers have used include:

Unintentional Possession Defense

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

Your knowledgeable Combs Waterkotte defense lawyer can establish the most important factor – that you didn’t possess child pornography to your knowledge. Give us a call right away 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 Pevely 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 anyone under the age of 18. If the material serves a scientific, religious, or educational purpose, it may be argued that it should not be classified as 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 occur in a variety of situations 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 initiated contact with 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 happens more often than we might realize, especially in instances where law enforcement conducts child porn sting operations, rounding up numerous 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 can serve as a strategy to reduce your sentence or, in some cases, avoid imprisonment through participation in 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 others.

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

Don’t Hesitate – Contact a Pevely, MO Child Pornography Defense Lawyer Right Now at Combs Waterkotte

Child pornography charges are serious and can cast enduring, if not permanent, shadows on your reputation and future in Pevely, 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 Pevely or Missouri legal system alone.

We understand that good people often find themselves caught in unfortunate circumstances in Pevely and throughout Missouri. We’re here to help. Call our accomplished Pevely, MO child pornography defense lawyers as soon as possible at (314) 900-HELP or complete our online contact form to schedule a free, confidential case review.

View Service Areas
Open Video
Image

Featured Results:

Client Review, DUI Case

Play video
Image

Get In Touch:

St. Louis

Main Office

(314) 900-HELP

Get Directions

Clayton

By Appointment Only

(314) 900-HELP

Get Directions