2nd Degree Child Molestation Lawyer

2nd Degree Child Molestation Attorneys in St. Louis, Missouri

In St. Louis, a 2nd degree child molestation charge is a major sex crime with several possible legal consequences. When you choose our firm to handle your case, we start you with a free, confidential consultation to understand your side of the story. Our team of legal experts then takes those facts to start building your legal defense.

With Combs Waterkotte, you’re not just a number. Throughout your case, we employ our client-centered approach to ensure you know what’s going on with each step of the process. We’re here to answer any questions you may have about the charges, the investigative process, or court procedures.

From the beginning, our goal is to challenge the prosecution’s case in order to get you a reduction or dismissal of your charges. But if your case does go to trial, we’ll be ready to fight for an acquittal.

What Is 2nd Degree Child Molestation in St. Louis?

Sex crime offenses in St. Louis fall under the purview of Missouri criminal law. Under RSMo §566.068, 2nd degree child molestation occurs when someone:

• Subjects a child under the age of 12 to sexual contact
• Is 4 years older than a child under the age of 17 and subjects that child to sexual contact (specifically to an “aggravated sexual offense”)

Aside from the age provisions, two main components comprise 2nd degree child molestation in St. Louis: “sexual contact” and “aggravated sexual offense.” Understanding these terms is vital to understanding the 2nd degree child molestation statue.

Sexual Contact Defined Under Missouri Law

Under RSMo §566.010, the term “sexual contact” is defined as:

• Someone touching someone else with their genitals
• Someone touching the anus, breasts, or genitals of someone else (either through or underneath their clothing)
• Causing someone else to come into contact with semen or seminal fluid

The crux of the definition of sexual contact, though, is that any of these actions need to be done with the purpose of sexually gratifying or arousing the offender. This helps preclude legitimate reasons for touching the listed areas (like emergency rescue operations or medical care).

Aggravated Sexual Offenses Defined Under Missouri Law

The legal definition of an “aggravated sexual offense” is also found in RSMo §566.010. An aggravated sexual offense refers to harmful or serious sexual contact, including acts that:

• Cause serious physical injury to the alleged victim
• Are committed while using or displaying a deadly weapon
• Involve multiple offenders
• Are committed by someone with a prior sex offense conviction
• Occur as part of a group or coordinated pattern of continuous behavior

Aggravated sexual offenses also include incestual acts committed with or against certain family members, including:

• A child, parent, or grandparent
• A stepchild
• A full or half sibling
• A niece, nephew, aunt, or uncle

Differences Between 1st and 2nd Degree Child Molestation in St. Louis

The differences between 1st and 2nd degree child molestation in St. Louis come down primarily to the age of the alleged victim. RSMo §566.067 defines 1st degree child molestation as “subjecting a person less than 14 years old to sexual contact (and the offense is an aggravated sexual offense).”

While 2nd degree child molestation involves a narrower age range (children younger than 12), prosecutors can charge someone for subjecting a child within that age range to sexual contact alone — no aggravated sexual offense is needed. This means it’s easier for prosecutors to levy a 2nd degree child molestation charge, as long as the alleged victim is under 12 years old.

While all 1st degree child molestation offenses involve aggravated sexual offenses (against children under the age of 14), aggravated sexual offenses in 2nd degree child molestation cases only apply when there’s a 4-year age gap (e.g., when the child is 16 and the offender is 20).

There are differences between the charges, but there’s quite a bit of overlap, too. The best thing you can do when facing either charge is to reach out to an experienced sex crimes attorney to help with your defense.

2nd Degree Child Molestation Penalties in St. Louis

In St. Louis, Missouri, 2nd degree child molestation is a Class B felony, an offense that carries a possible prison sentence between 5 and 15 years.

Under RSMo §558.019, 2nd degree child molestation is treated as a “dangerous felony.” This means that those convicted of the offense are subject to Missouri’s “85% rule” under RSMo §556.061, requiring them to serve a minimum of 85% of their prison sentence.

A 2nd degree child molestation conviction also requires offenders to register as a sex offender. Because 2nd degree child molestation is a Tier III sex offense under RSMo §589.414, offenders must stay registered for at least 25 years before they can be removed from the registry.

Additional Consequences of a 2nd Degree Child Molestation Conviction in St. Louis

Because 2nd degree child molestation is charged as a felony in St. Louis, there are a slew of additional consequences in addition to any fines and prison time a conviction may bring. Some of the most common secondary consequences of a 2nd degree child molestation conviction include:

• Custody Problems: A child molestation conviction can result in an order of protection, barring someone from being able to visit or be near their own children.
• Immigration Consequences: For non-citizens, a child molestation conviction can have immigration consequences, including deportation, visa denial, or ineligibility for naturalization
• Professional Licensing Issues: Many professional licenses in St. Louis require background checks, and a 2nd degree child molestation conviction can make it difficult or impossible to obtain or maintain licenses in certain fields.
• Difficulty Applying for Housing: In St. Louis, landlords often run background checks, and a child molestation conviction can lead to denied rental applications.
• Difficulty Finding Employment: A child molestation conviction in St. Louis can significantly limit job prospects, as many employers conduct background checks.
• Parole and Probation: A second degree child molestation conviction can include probation or parole with strict conditions, including regular check-ins, drug testing, and compliance with court orders.
• Loss of Civil Rights: In Missouri, a felony conviction can strip certain civil rights, including voting, firearm ownership, jury service eligibility, and the ability to hold elected public office.

Offenses Often Charged with 2nd Degree Child Molestation in St. Louis

Not only is there some overlap between the 1st and 2nd degree child molestation statutes, but also between the 2nd degree child molestation statute and other Missouri sex offenses statutes. Prosecutors tend to stack charges and seek maximum sentencing in these cases. So, in addition to 2nd degree child molestation, they may also bring charges for:

• Enticement of a child (RSMo §566.151): Persuading a child (either in person or online) to engage in sexual conduct
• Sexual misconduct involving a child (RSMo §566.083): Knowingly exposing oneself to a child or inappropriately touching a child of a certain age
• Abuse or neglect of a child (RSMo §568.060): Knowingly causes a child under 18 years old physical or mental injury as a result of abuse or neglect
• Sexual exploitation of a minor (RSMo §573.023): Knowingly photographs or videotapes obscene material involving a child (child pornography)

Criminal Defense Strategies Against 2nd Degree Child Molestation Charges in St. Louis

While a 2nd degree child molestation is a serious charge to face in St. Louis, a good criminal defense lawyer can still formulate a legal strategy to help reduce or even dismiss the charges. At Combs Waterkotte, we’ve found the following criminal defense strategies to be particularly effective against 2nd degree child molestation charges.

Alibi

If evidence shows you weren’t there when the child molestation occurred, this can act as an alibi defense. Phone records, GPS data, surveillance footage, or witness testimony can show the allegations are mistaken or impossible.

Fifth Amendment and Miranda Rights Violations

If statements were obtained without properly advising you of your rights, it’s possible your Fifth Amendment or Miranda rights were violated. Any incriminating statements you may have made about a child molestation incident may be removed from evidence as a result.

Illegal Searches and Seizures

If law enforcement obtained evidence without a proper warrant or probable cause, they may have violated your Fourth Amendment rights and that evidence may be suppressed. This can significantly weaken the prosecution’s case.

False Allegations or Motive to Fabricate

In some cases, allegations arise from custody disputes, family conflicts, or outside influences. A defense attorney may look into whether there is a motive to make false claims that may have influenced the allegations.

Lack of Physical Evidence

In many child molestation cases, there isn’t physical evidence to support the charge. The absence of forensic evidence, medical findings, or independent witnesses can be used to challenge the strength of the prosecution’s case.

Overcharging or Misclassification of the Offense

Prosecutors may charge 2nd degree child molestation based on limited or ambiguous allegations involving a child under 12 years old. A defense lawyer can argue that the facts do not meet the legal standards of the charge to get the charges reduced or dismissed.

Challenging Interview Techniques

Child advocacy center interviews are often central to the prosecution’s case. However, these interviews can be flawed if the interviewers use leading questions, or seem to suggest answers. A defense attorney may challenge these interviews and expose inconsistencies or bad interviewing methods.

Lack of Sexual Intent

2nd degree child molestation charges depend on whether the contact was for sexual arousal or gratification. If the contact was accidental or misinterpreted, the prosecution may not be able to prove the required intent, and the charges may be dismissed.

What to Do If You’re Arrested for 2nd Degree Child Molestation in St. Louis

What you do or say (or don’t do or say) after you’re arrested can have an enormous impact on the outcome of your 2nd degree child molestation case in St. Louis. Combs Waterkotte’s sex offense lawyers recommend taking the following steps if you’re arrested or charged with 2nd degree child molestation.

Invoke Your Right to Remain Silent

In child molestation cases, investigators build cases through interviews and statements with which they’ve had years of practice and training. Anything you say to them can and will be used to support the allegations. Politely invoke your Fifth Amendment right to remain silent, and request the presence of an attorney before agreeing to any interviews.

Hire an Experienced Sex Crimes Defense Attorney

2nd degree child molestation charges are serious felonies. You need an attorney who understands how to challenge these cases. The earlier you reach out to a sex crimes lawyer, the earlier they can begin to help build your defense.

Preserve All Digital and Communication Evidence

Social media interactions, texts, emails, and phone records are often a big part of 2nd degree child molestation cases. Even content that seems insignificant to you may provide good context or even contradict the allegations. Your defense attorney can use this information to challenge the prosecution’s case.

Document Your Timeline and Interactions with the Alleged Victim

Be sure to write down any interactions you’ve had with the alleged victim, including dates, times, locations, and anyone else who was there during the interactions. Establishing inconsistencies or alternative explanations can be critical to your defense.

Avoid Any Contact with the Alleged Victim

2nd degree child molestation cases almost always result in an order of protection against the alleged victim. Even indirect communication can lead to bond revocation or additional charges. Stay clear, and let your lawyer do all the communicating related to the case.

Stay Off Social Media

In sex crime cases, prosecutors frequently review online activity. Posts or messages can be used against you, so do not discuss your case online at all. The safest thing to do is to stay off of social media entirely as your case progresses.