Child pornography defense lawyer in Sedalia, 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’re facing charges for possessing or distributing child pornography in Sedalia, MO, you may be looking at serious felony charges and mandatory Missouri sex offender registration upon conviction. It is crucial not to leave your defense to chance in such a critical situation.
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.
What Can Lead to Child Pornography Charges in Sedalia, MO?
Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life throughout the Sedalia, 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 such person knowingly or recklessly possesses any child pornography of a minor under 18 years old or obscene material portraying what seems to be a minor below 18 years old.
A few examples of specific child pornography charges in Sedalia and across the state of Missouri 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’re facing charges or have been questioned regarding any of these examples – or any other child pornography charges in Sedalia, MO – 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.
What Are the Penalties for Child Pornography in Sedalia, 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 Sedalia, 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 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 Sedalia, 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. Additionally:
- 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, 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.
Legal Ramifications for Sexual Exploitation of a Minor in the Sedalia, MO Area
If you are facing sexploitation charges, you are facing a class B felony. However, if the child involved was under 14 years old the charges increase to a class A felony, carrying a minimum prison sentence of 10 years with a maximum of life in prison.
Who Has to Register as a Sex Offender in Sedalia, 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 classifies 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: 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 including rape, child molestation, sexual assault, as well as repeat offenses.
Penalties for Not Registering as a Sex Offender in Sedalia, MO
Failure to register as a sex offender is considered 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 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. Along with expert legal representation from our skilled Sedalia, MO child pornography lawyers, we provide assistance in the following areas for clients in Sedalia 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 Sedalia, MO?
The Combs Waterkotte skilled Sedalia, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Sedalia, MO in cases just like yours. While each case presents its own unique circumstances, our attorneys employ various defense strategies, including:
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 may 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 Sedalia, MO could also be considered.
Your knowledgeable Combs Waterkotte defense lawyer will work to establish that you were not aware of possessing child porn. Call us today 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 Sedalia 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. 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 always has your rights, your future, and your best interests in mind in Sedalia, MO. 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 manifest in various circumstances throughout the Sedalia, 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 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 is a possible means to reduce your sentence or, in some cases, avoid imprisonment via a treatment program and probation. Your Combs Waterkotte Sedalia, MO defense attorney may present various 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 more.
Don’t Hesitate – Connect With a Sedalia, 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 Sedalia, 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 Sedalia or Missouri along is ill-advised.
We know that good people often find themselves caught in bad situations in Sedalia and throughout Missouri. We are here to help. Call our expert Sedalia, MO child pornography defense lawyers today at (314) 900-HELP or fill out our online contact form to arrange a free, confidential consultation.
