Child pornography defense lawyer in St. Peters, 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 charged for having or distributing child pornography in the St. Peters, MO area, you could be facing a felony charge and mandatory Missouri sex offender registration if convicted. Don’t leave your defense 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.
Legal Videos
What Happens When You Are Wrongfully Accused of a Sex Crime?
What happens when you are wrongfully accused of a sex crime? Episode Transcript Steve Waterkotte: Right. And you'll see sometimes, and I've had cases, where you had two individuals …
Too Intoxicated to Give Consent?
Missouri criminal defense lawyers Steven Waterkotte and Chris Combs talk about alleged victims being too intoxicated to give consent. Episode Transcript Steve Waterkotte: Most people …
Criminal Lawyer Talks About Representing Sex Criminals
Real Criminal Defense Lawyer talks about representing sex criminals. Episode Transcript Steve Waterkotte: I always say probably what the public views as the most vile or despicable …
Your Word Against Theirs in Court
Are just allegations enough to get charged with a crime? When it's your word against theirs in court. Episode Transcript Chris Combs: And allegations alone will do it. Steve hit on this …
What Happens When You Are Charged With a Child Sex Crime?
What happens when you are charged with a child sex crime? Episode Transcript Chris Combs: If you're a tier three sex offender, you can only have approved electronic devices. You have to …
What Happens When You Are Wrongfully Accused of a Sex Crime?
What happens when you are wrongfully accused of a sex crime? Episode Transcript Steve Waterkotte: Right. And you'll see sometimes, and I've had cases, where you had two individuals …
Too Intoxicated to Give Consent?
Missouri criminal defense lawyers Steven Waterkotte and Chris Combs talk about alleged victims being too intoxicated to give consent. Episode Transcript Steve Waterkotte: Most people …
Criminal Lawyer Talks About Representing Sex Criminals
Real Criminal Defense Lawyer talks about representing sex criminals. Episode Transcript Steve Waterkotte: I always say probably what the public views as the most vile or despicable …
Your Word Against Theirs in Court
Are just allegations enough to get charged with a crime? When it's your word against theirs in court. Episode Transcript Chris Combs: And allegations alone will do it. Steve hit on this …
What Happens When You Are Charged With a Child Sex Crime?
What happens when you are charged with a child sex crime? Episode Transcript Chris Combs: If you're a tier three sex offender, you can only have approved electronic devices. You have to …
What Can Lead to Child Pornography Charges in St. Peters, MO?
Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life throughout the St. Peters, 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.
As per RSMo § 573.037, a person is charged with the offense of child pornography if they knowingly or recklessly possess any child pornography of a minor under 18 years old or obscene material portraying what appears to be a minor less than 18 years of age.
A few examples of specific child pornography charges in St. Peters 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: Distributing or selling child pornography to an adult, or promoting adult pornography to a minor.
- Sexual Exploitation of a Minor: Encompasses filming, photographing, or being involved 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 now at (314) 900-HELP or reach out to us online. You need an knowledgeable advocate on your side to protect your reputation, your rights, and your future.
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What Are the Legal Ramifications for Child Pornography in St. Peters, 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 St. Peters, MO if any of the following conditions are met:
- Possess over 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 in the form 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 St. Peters, MO
The promotion of child pornography to an adult is a class C felony, carrying potential penalties of up to 7 years in prison along with fines. Moreover:
- 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’s a class D felony and could mean 4 years in prison and fines.
Legal Ramifications for Sexual Exploitation of a Minor in the St. Peters, 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 increase to a class A felony, which carries a minimum prison sentence of 10 years with a maximum of life imprisonment.
St. Charles County Resources
Below are quick links to important websites that may assist you with your legal matters in St. Charles County and Missouri.
Mandatory Sex Offender Registration in St. Peters, 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, 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 are more for 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. Offenses in this category usually involve violent acts such as rape, child molestation, sexual assault, as well as repeat offenses.
Penalties for Failing to Register as a Sex Offender in St. Peters 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 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 is elevated to a class D felony.
Combs Waterkotte is a leading criminal defense law firm based in St. Louis. In addition to expert legal representation from our skilled St. Peters, MO child pornography attorneys, we provide assistance in the following areas for clients in St. Peters and anywhere in Missouri:
What Are Common Defenses Against Child Pornography Charges in St. Peters, MO?
The Combs Waterkotte skilled St. Peters, MO child pornography defense team boasts a collective experience of more than 60 years, dedicated to defending clients in St. Peters, MO in cases similar to yours. While each case presents its own unique circumstances, our attorneys employ a variety of defense strategies, including:
Unintentional Possession Defense
Also known as “unintended possession,” this defense argues that you did not intend to possess child pornography in or around St. Peters, 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 St. Peters, 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 now 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 St. Peters 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 challenges the prosecution’s burden to prove that material in question involves anyone under the age of 18. 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 defense team at Combs Waterkotte is vigilant in protecting your rights, future, and best interests. If evidence was seized illegally, your St. Peters, MO child pornography defense lawyer will argue its inadmissibility.
Entrapment
Entrapment can occur in a variety of circumstances 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. 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 occurs more frequently 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 minimize your sentence or, in some cases, avoid imprisonment via a treatment program and probation. Some mitigating factors your Combs Waterkotte St. Peters, 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 others.
Don’t Wait – Contact a St. Peters, 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 St. Peters, MO. But, as serious as they are, there are defenses available from the skilled and tenacious Combs Waterkotte legal team. Don’t try to navigate the uncertainties and complexities of the St. Peters or Missouri legal system alone.
We understand that good people often find themselves caught in unfortunate circumstances in St. Peters and throughout Missouri. We are here to help. Call our expert St. Peters, MO child pornography defense lawyers right away at (314) 900-HELP or fill out our online contact form to schedule a free, confidential consultation.
