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Child Pornography Defense Lawyer Poplar Bluff, MO

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Posted by Christopher Combs on February 23, 2024

Child pornography defense lawyer in Poplar Bluff, MO. Confronting accusations or charges related to the possession or distribution of child pornography poses a significant risk to your personal and professional reputation. If you find your accused of possessing or distributing child pornography in Poplar Bluff, MO, you may be confronted with serious felony charges and mandatory Missouri sex offender registration upon conviction. It is vital not to leave your defense to chance in such a critical situation.

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 Poplar Bluff, MO?

While there might be many stereotypes, child pornography charges come up in all walks of life throughout the Poplar Bluff, 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, an individual commits the offense of child pornography if such person knowingly or recklessly possesses any child pornography featuring a minor below 18 years old or obscene material portraying what appears to be a minor under 18 years old.

A few examples of specific child pornography charges in Poplar Bluff 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’re facing charges or have been questioned regarding any of these examples – or any other child pornography charges in Poplar Bluff, MO – call Combs Waterkotte now at (314) 900-HELP or reach out to us online. Having an knowledgeable advocate by your side is crucial to safeguarding your reputation, your rights, and your future.

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What Are the Legal Ramifications for Child Pornography in Poplar Bluff, 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 Poplar Bluff, MO if you:

  • Possess more than 20 still images of child pornography
  • Possess more than 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 comprised of one motion picture, film, videotape, videotape production, or other moving image
  • Have previously been found guilty of an offense under this section

Penalties for Promotion of Child Pornography in Poplar Bluff, 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. Also:

  • 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.

Penalties for Sexual Exploitation of a Minor in the Poplar Bluff, 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 of age the charges are elevated to a class A felony, which carries a minimum prison sentence of 10 years with a maximum of life imprisonment.

Mandatory Sex Offender Registration in Poplar Bluff, MO and Throughout Missouri

Under 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 also breaks down offenders into different tiers for sex offender registration requirements, including:

  • 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 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. 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 Poplar Bluff, 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 an award-winning criminal defense law firm based in St. Louis. In addition to expert legal representation from our skilled Poplar Bluff, MO child pornography lawyers, we provide assistance in the following areas for clients in Poplar Bluff, MO:

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

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

The Combs Waterkotte skilled Poplar Bluff, MO child pornography defense team boasts a collective experience of more than 60 years, dedicated to defending clients across the Poplar Bluff, MO area in cases similar to 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. 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 Poplar Bluff, MO could also be considered.

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 reach out to us online.

Accidental Possession Defense

The internet can be a treacherous environment. Your computer is continuously susceptible 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 Poplar Bluff 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 the subject of the material in question was under 18 years of age. 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 protecting your rights, future, and best interests. If evidence was seized illegally, your Poplar Bluff, MO child pornography defense lawyer will argue its inadmissibility.

Entrapment

Entrapment can manifest in various scenarios throughout the Poplar Bluff, 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. In some cases, officers may 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 multiple people, not all of whom are guilty.

Psychological Addiction/Mitigating Circumstances

While not guaranteed to result in acquittal, claiming a psychological addiction to child pornography is a possible means to minimize your sentence or, in some cases, avoid imprisonment via a treatment program and probation. Your Combs Waterkotte Poplar Bluff, MO defense attorney may present various 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 Poplar Bluff, MO | Poplar Bluff, MO Criminal Defense Attorneys | Combs Waterkotte

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

Child pornography charges are gravely serious and can cast enduring, if not permanent, shadows on your reputation and future in Poplar Bluff, 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 Poplar Bluff or Missouri along is ill-advised.

We understand that good people often find themselves caught in bad situations in Poplar Bluff and throughout Missouri. We are here to help. Call our accomplished Poplar Bluff, MO child pornography defense lawyers as soon as possible at (314) 900-HELP or complete our online contact form to schedule a free, confidential consultation.

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