Child pornography defense lawyer in Rock Port, 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 the Rock Port, MO area, you could be looking at felony charges 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.
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What Can Lead to Child Pornography Charges in Rock Port, MO?
Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life in and around Rock Port, 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 old as a participant or portrayed observer.
As per RSMo § 573.037, a person commits the offense of child pornography if such person knowingly or recklessly possesses any child pornography featuring a minor under 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 Rock Port 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: 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’re 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. Having an experienced 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 Rock Port, 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 Rock Port, 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 comprised 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
Legal Ramifications for Promotion of Child Pornography in and Around Rock Port, MO
The promotion of child pornography to an adult is a class C felony, punishable by up to 7 years in prison along with 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, 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 Rock Port, MO Area
If you are facing sexploitation charges, you are facing 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.
Atchison County Resources
Below are quick links to important websites that may assist you with your legal matters in Atchison County and Missouri.
Who Has to Register as a Sex Offender in Rock Port, MO and Throughout Missouri?
According to 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 classifies 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 are 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. These offenses include violent acts like rape, child molestation, sexual assault, as well as repeat offenses.
Penalties for Failing to Register as a Sex Offender in Rock Port, 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 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 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 Rock Port, MO child pornography attorneys, we provide help in the following practice areas for clients in Rock Port, MO:
What Are Common Defenses Against Child Pornography Charges in Rock Port, MO?
The Combs Waterkotte skilled Rock Port, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Rock Port, MO in cases just like 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 Rock Port, MO could also be considered.
Your Combs Waterkotte defense lawyer 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 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 Rock Port and throughout Missouri, have numerous files on your computer you didn’t even know existed.
A “Not Child Porn” Defense
This defense challenges the prosecution’s burden to prove that the subject of the material in question was under 18 years of age. 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 is vigilant in safeguarding your rights, future, and best interests. Law enforcement can occasionally push the limits on getting a warrant or may search beyond the scope of said warrant. If evidence against you was seized illegally, your child pornography defense lawyer will argue it is inadmissible.
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 contacted you and persuaded you to do so. Officers could also try to 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 happens more often than we might know – particularly when law enforcement runs a child porn sting operation which may round up numerous 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 reduce your sentence or, in some cases, avoid imprisonment through participation in a treatment program and probation. Your Combs Waterkotte Rock Port, MO defense attorney may present a variety of mitigating factors, like 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 Rock Port, MO Child Pornography Defense Lawyer Right Away at Combs Waterkotte
Child pornography charges are gravely serious and can cast enduring, if not permanent, shadows on your reputation and future in Rock Port, MO. But, as serious as they are, there are defenses available from the skilled and tenacious Combs Waterkotte legal team. Don’t risk navigating the uncertainties and complexities of the Rock Port or Missouri legal system alone.
We understand that good people often find themselves caught in unfortunate circumstances in Rock Port and throughout Missouri. We are here to help. Call our expert Rock Port, 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.
