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Child Pornography Defense Lawyer University City, MO

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Posted by Christopher Combs on February 23, 2024

Child pornography defense lawyer in University City, 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 find your accused of possessing or distributing child pornography in University City, 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 scenario.

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.

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What Can Lead to Child Pornography Charges in University City, MO?

While there might be many stereotypes, child pornography charges come up in all walks of life throughout the University City, 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.

According to RSMo § 573.037, an individual commits the offense of child pornography if such person knowingly or recklessly possesses any child pornography featuring a minor under 18 years of age or obscene material portraying what appears to be a minor less than 18 years old.

A few examples of specific child pornography charges in the University City, MO area are:

  • Possessing Child Pornography: Having child pornography in your possession, regardless 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. Having an experienced advocate by your side is crucial to safeguarding your reputation, rights, and future.

Child Pornography Defense Lawyer in University City, MO | University City, MO Criminal Defense | Combs Waterkotte

What Are the Penalties for Child Pornography in University City, 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 University City, MO if you:

  • Possess over 20 still images of child pornography
  • Possess more than 20 obscene still images
  • Possess child pornography in the form 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

Penalties for Promotion of Child Pornography in and Around University City, MO

Engaging in the promotion of child pornography to an adult is classified as 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.

Legal Ramifications for Sexual Exploitation of a Minor in the University City, MO Area

Charges related to sexual exploitation of a minor are categorized as 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 imprisonment.

Who Has to Register as a Sex Offender in University City, 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 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 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. Offenses in this category may 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. 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 University City 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 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 turns into 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 University City, MO child pornography attorneys, we provide assistance in the following areas for clients in University City, MO:

Child Pornography Defense Lawyer University City, MO | Criminal Defense Law Firm in University City, MO | Combs Waterkotte

What Are Common Defenses Against Child Pornography Charges in University City, MO?

The Combs Waterkotte skilled University City, MO child pornography defense team boasts a collective experience of over 60 years, dedicated to defending clients in University City, MO in cases similar to 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 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 University City, MO could also be considered.

Your Combs Waterkotte defense lawyer can establish the most important factor – that you didn’t possess child pornography to your knowledge. Call us today at (314) 900-HELP or contact us online.

An Accidental Possession Defense

The internet can be a treacherous environment. Your computer is continuously subjected 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 University City and throughout Missouri, have numerous files on your computer you didn’t even know existed.

“Not Child Porn” Defense

This defense is based on the prosecution’s burden to prove that material in question involves any individual under the age of 18. 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 Combs Waterkotte defense team always has your rights, your future, and your best interests in mind in University City, 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 scenarios throughout Missouri. 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 realize, especially in instances where law enforcement conducts child porn sting operations, rounding 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 through participation in a treatment program and probation. Your Combs Waterkotte University City, MO defense attorney may present various 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 more.

Child Pornography Defense Lawyer University City, MO | University City, MO Criminal Defense Attorneys | Combs Waterkotte

Don’t Hesitate – Reach Out to a University City, MO Child Pornography Defense Lawyer Right Now at Combs Waterkotte

Child pornography charges are serious and can have lasting, if not permanent, implications on your reputation and future in University City, 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 University City or Missouri along is risky.

We know that good people often find themselves in bad situations in University City and throughout Missouri. We are here to help. Call our expert University City, 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.

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