Richmond, MO

Child pornography defense lawyer in Richmond, 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 accused of having or distributing child pornography in or around Richmond, MO, you could be facing 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 contact us online for a free, no-obligation case review. 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 Richmond, MO?

Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life in and around Richmond, 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.

According to 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 seems to be a minor under 18 years of age.

A few specific instances of child pornography charges in the Richmond, MO area are:

• Possessing Child Pornography: Having child pornography in your possession, regardless 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: Encompasses 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 right now at (314) 900-HELP or reach out to us online. Having an experienced advocate by your side is crucial to safeguarding your reputation, rights, and future.

What Are the Legal Ramifications for Child Pornography in Richmond, 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 Richmond, 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 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
• Prior conviction for an offense under this section

Legal Ramifications for Promotion of Child Pornography in and Around Richmond, 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.
• Individuals with a prior child pornography conviction, engaging in widespread promotion of child pornography or promoting it to a minor, may face a class D felony, punishable by 4 years in prison and fines.

Penalties for Sexual Exploitation of a Minor in the Richmond, 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 increase 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 Richmond, 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 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: 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. These offenses include violent acts including rape, child molestation, sexual assault, as well as repeat offenses.

Penalties for Failing to Register as a Sex Offender in Richmond and Throughout Missouri

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 as an unclassified felony, a class A or B felony, or a felony involving a child under 14 years of age, 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 Richmond, MO child pornography attorneys, we provide assistance in the following areas for clients in Richmond and anywhere in Missouri:

• Crime Defense Lawyers
• Domestic Violence Defense Attorneys
• Criminal Lawyer
• Juvenile Defense Lawyer
• Sexual Misconduct Lawyer
• Traffic Ticket Lawyer
• Order of Protection Defense Lawyer
• Speeding Ticket Lawyer

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

The Combs Waterkotte skilled Richmond, MO child pornography defense team boasts a collective experience of more than 60 years, dedicated to defending clients across the Richmond, 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. 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 Richmond, MO.

Your Combs Waterkotte defense attorney can establish the most important factor – that you didn’t possess child pornography to your knowledge. Give us a call today at (314) 900-HELP or reach out to 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 Richmond and Missouri have files on their computers that they are unaware of. 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. Also, 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 is vigilant in safeguarding your rights, future, and best interests. If evidence was seized illegally, your Richmond, MO child pornography defense lawyer will argue its inadmissibility.

Entrapment

Entrapment can occur in a variety of situations throughout Missouri. This defense asserts 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 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 a multitude of 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 via a treatment program and probation. Some mitigating factors your Combs Waterkotte Richmond, 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 more.

Don’t Wait – Reach Out to a Richmond, MO Child Pornography Defense Lawyer Right Away at Combs Waterkotte

Child pornography charges are gravely serious and can have lasting, if not permanent, implications on your reputation and future in Richmond, 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 Richmond or Missouri along is ill-advised.

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