Child Pornography Defense Lawyer Ste. Genevieve, MO

Child pornography defense lawyer in Ste. Genevieve, 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 Ste. Genevieve, MO area, you could be facing a felony charge and mandatory Missouri sex offender registration if convicted. Don’t leave that to chance.

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 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.

What Can Lead to Child Pornography Charges in Ste. Genevieve, MO?

While there might be many stereotypes, child pornography charges come about in all walks of life throughout the Ste. Genevieve, 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, a person is charged with the offense of child pornography if such person knowingly or recklessly possesses any child pornography of a minor less than 18 years old or obscene material portraying what seems to be a minor under 18 years old.

A few examples of specific child pornography charges in Ste. Genevieve and elsewhere in 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: 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 the Ste. Genevieve, MO area – call Combs Waterkotte right away at (314) 900-HELP or reach out to us online. You need an knowledgeable advocate on your side to protect your reputation, rights, and future.

What Are the Legal Ramifications for Child Pornography in Ste. Genevieve, 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 Ste. Genevieve, MO if you:

• 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 comprised of one motion picture, film, videotape, videotape production, or other moving image
• Prior conviction for an offense under this section

Penalties for Promotion of Child Pornography in Ste. Genevieve, MO

The promotion of child pornography to an adult is a class C felony, carrying potential penalties of up to 7 years in prison and fines. Also:

• 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 – punishable by 5-15 years imprisonment.
• Ste. Genevieve, MO residents 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 Ste. Genevieve, 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 old the charges increase to a class A felony, carrying a minimum prison sentence of 10 years and a maximum of life imprisonment.

Who Has to Register as a Sex Offender in Ste. Genevieve, 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:

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 are more 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. 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 Not Registering as a Sex Offender in Ste. Genevieve, 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 the age of 14, in which case it turns into 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 Ste. Genevieve, MO child pornography lawyers, we provide help in the following practice areas for clients in Ste. Genevieve and anywhere in Missouri:

• Drivers License Reinstatement Attorney
• Careless Imprudent Driving Attorneys
• Weapons Crime Attorney

What Are Common Defenses Against Child Pornography Charges in Ste. Genevieve, MO?

The Combs Waterkotte skilled Ste. Genevieve, MO child pornography defense team boasts a collective experience of over 60 years, dedicated to defending clients across the Ste. Genevieve, MO area in cases similar to yours. While every case is different with unique circumstances, some defense strategies our attorneys 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. 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 Ste. Genevieve, 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.

An 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 Ste. Genevieve 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.

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. If the material serves a scientific, religious, or educational purpose, it may be argued that it should not be classified as 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 Ste. Genevieve, MO child pornography defense lawyer will argue its inadmissibility.

Entrapment

Entrapment can manifest in various scenarios throughout Missouri. The defense is rooted in the fact 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 a multitude of 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 Ste. Genevieve, MO defense attorney may present a variety of 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.

Don’t Hesitate – Contact a Ste. Genevieve, 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 Ste. Genevieve, MO. However, even in the face of such severity, there exist defenses that can wield effectively by the adept and relentless Combs Waterkotte legal team. Don’t risk navigating the uncertainties and complexities of the Ste. Genevieve or Missouri legal system on your own.

We recognize that good people often find themselves in bad situations in Ste. Genevieve and throughout Missouri. We’re here to help. Call our accomplished Ste. Genevieve, MO child pornography defense lawyers right away at (314) 900-HELP or fill out our online contact form to arrange a free, confidential consultation.