Pike County, MO

Child pornography defense lawyer in Pike County, MO. Confronting accusations or charges related to the possession or distribution of child pornography poses a substantial risk to your personal and professional reputation. If you’re facing charges for possessing or distributing child pornography in Pike County, 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 situation.

Call the criminal defense attorneys at Combs Waterkotte immediately at (314) 900-HELP or reach out to 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 Pike County, MO?

While there might be prevalent stereotypes, child pornography charges come up in all walks of life throughout the Pike 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 of age as a participant or portrayed observer of the material.

As per RSMo § 573.037, a person commits the offense of child pornography if they knowingly or recklessly possess any child pornography of a minor less than 18 years old or obscene material portraying what seems to be a minor less than 18 years old.

A few specific instances of child pornography charges in Pike County and across the state of 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 participating 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 Pike County, MO – call Combs Waterkotte right away 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.

What Are the Penalties for Child Pornography in Pike County, 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 Pike County, 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
• Have previously been found guilty of an offense under this section

Legal Ramifications for Promotion of Child Pornography in and Around Pike County, 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 and 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 is a class D felony and could mean 4 years in prison and fines.

Penalties for Sexual Exploitation of a Minor in the Pike 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 of age the charges are elevated to a class A felony, which carries a minimum prison sentence of 10 years and a maximum of life imprisonment.

Who Has to Register as a Sex Offender in Pike County, MO and Throughout Missouri?

According to 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 also breaks down offenders into different tiers for sex offender registration requirements, including:

• Tier I Offenders: These 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 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. 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. Offenses in this category usually involve violent acts such as rape, child molestation, sexual assault, as well as repeat offenses.

Penalties for Not Registering as a Sex Offender in Pike County, MO

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 becomes 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 Pike County, MO child pornography attorneys, we provide help in the following practice areas for clients in Pike County and anywhere in Missouri:

• Child Abuse & Neglect Lawyer
• Homicide Lawyer
• Assault Lawyer
• Rape Defense Lawyer
• Sex Offense Lawyers
• DWI Attorney
• Crime Defense Lawyers
• Domestic Violence Defense Attorneys
• Criminal Lawyer

What Are Common Defenses Against Child Pornography Charges in Pike County, MO?

The Combs Waterkotte skilled Pike County, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Pike County, MO in cases just like yours. While every case is different with unique circumstances, some defense strategies our lawyers have used include:

Unintentional Possession Defense

Also known as “unintended possession,” this defense argues that you did not intend to possess child pornography in or around Pike County, MO, or that the material did not 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 Pike County, MO.

Your Combs Waterkotte defense attorney will work to establish that you were not aware of possessing child porn. Give us a call 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 Pike County 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 the subject of the material in question was under 18 years of age. Additionally, 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 Combs Waterkotte defense team always has your rights, your future, and your best interests in mind in Pike County, MO. If evidence was seized illegally, your Pike County, 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 initiated contact with you and persuaded you to do so. Officers could also try to 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 individuals, 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. Some mitigating factors your Combs Waterkotte Pike 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 more.

Don’t Hesitate – Contact a Pike County, MO Child Pornography Defense Lawyer Right Now at Combs Waterkotte

Child pornography charges are gravely serious and can cast enduring, if not permanent, shadows on your reputation and future in Pike County, 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 Pike County or Missouri legal system on your own.

We know that good people often find themselves in unfortunate circumstances in Pike County and throughout Missouri. We are here to help. Call our expert Pike County, MO child pornography defense lawyers as soon as possible at (314) 900-HELP or fill out our online contact form to arrange a free, confidential consultation.