Child pornography defense lawyer in Taney County, MO. Confronting accusations or charges related to the possession or distribution of child pornography poses a significant risk to your personal and professional standing. If you find your accused of possessing or distributing child pornography in Taney County, MO, you may be looking at serious felony charges and mandatory Missouri sex offender registration upon conviction. It is vital not to leave your defense to chance in such a critical situation.
Call the criminal defense attorneys at Combs Waterkotte immediately at (314) 900-HELP or contact us online for a free, no-obligation consultation. 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 Taney County, MO?
While there might be prevalent stereotypes, child pornography charges come up in all walks of life throughout the Taney County, 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 old as a participant or portrayed observer of the material.
As per RSMo § 573.037, an individual 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 appears to be a minor less than 18 years of age.
A few examples of specific child pornography charges in Taney County 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: 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. You need an experienced advocate on your side to protect your reputation, rights, and future.
What Are the Legal Ramifications for Child Pornography in Taney County, 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 Taney County, 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 in the form 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 and Around Taney County, 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.
- 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 Taney County, 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 are elevated to a class A felony, which carries a minimum prison sentence of 10 years with a maximum of life in prison.
Who Has to Register as a Sex Offender in Taney County, 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 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: 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 like rape, child molestation, sexual assault, as well as repeat offenses.
Penalties for Not Registering as a Sex Offender in Taney County, 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 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 an award-winning criminal defense law firm based in St. Louis. Along with expert legal representation from our skilled Taney County, MO child pornography attorneys, we provide help in the following practice areas for clients in Taney County, MO:
- 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 Taney County, MO?
The Combs Waterkotte skilled Taney County, MO child pornography defense team boasts a collective experience of over 60 years, dedicated to defending clients in Taney County, 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 Taney County, MO, or that the material did not 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 Taney County, 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 contact 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 Taney County 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 is based on 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 may make procedural errors violating an individual’s Fourth Amendment rights under the Constitution. The Combs Waterkotte defense team always has your rights, your future, and your best interests in mind in Taney County, 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 occur in a variety of situations throughout the Taney County, MO area. 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. Officers could also try to 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 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 it isn’t necessarily a winning defense, claiming a psychological addiction to child pornography can serve as a strategy to minimize your sentence or, in some cases, avoid imprisonment via a treatment program and probation. Some mitigating factors your Combs Waterkotte Taney County, 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 Hesitate – Reach Out to a Taney County, 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 Taney County, 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 try to navigate the uncertainties and complexities of the Taney County or Missouri legal system on your own.
We recognize that good people often find themselves caught in unfortunate circumstances in Taney County and throughout Missouri. We are here to help. Call our accomplished Taney County, MO child pornography defense lawyers as soon as possible at (314) 900-HELP or complete our online contact form to schedule a free, confidential consultation.
