Child pornography defense lawyer in Taney County, MO. Confronting accusations or charges related to the possession or distribution of child pornography poses a substantial risk to your personal and professional standing. If you’re facing charges for 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 crucial not to leave your defense to chance in such a critical scenario.
Reach out to the criminal defense attorneys at Combs Waterkotte immediately 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 Taney County, MO?
While there might be many stereotypes, child pornography charges come about 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, a person commits the offense of child pornography if such person knowingly or recklessly possesses any child pornography of a minor less than 18 years of age or obscene material portraying what appears to be a minor below 18 years old.
A few examples of specific child pornography charges in the Taney County, MO area 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: 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 Taney County, MO area – call 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.
Taney County Resources
Below are quick links to important websites that may assist you with your legal matters in Taney County and Missouri.
What Are the Penalties 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 more than 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
- Prior conviction for an offense under this section
Penalties for Promotion of Child Pornography in Taney County, MO
The promotion of child pornography to an adult is a class C felony, punishable by up to 7 years in prison along with fines. Also:
- 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 – punishable by 5-15 years imprisonment.
- If you have had a previous child pornography conviction, wholesale promotion of child porn, or promoting child porn to a minor in Missouri, it’s a class D felony and could mean 4 years in prison and fines.
Legal Ramifications 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 the age of 14 the charges are elevated to a class A felony, carrying a minimum prison sentence of 10 years with a maximum of life imprisonment.
Mandatory Sex Offender Registration in Taney County, MO and Throughout Missouri
Under 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 also breaks down 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 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. These offenses include violent acts such as rape, child molestation, sexual assault, as well as repeat offenses.
Penalties for Failing to Register as a Sex Offender in Taney County, MO
Failure to register as a sex offender is considered 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 the age of 14, 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 Taney County, MO child pornography attorneys, we provide assistance in the following areas for clients in Taney 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 Taney County, MO?
The Combs Waterkotte skilled Taney County, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Taney County, MO in cases just like yours. While every case is different with unique circumstances, some defense strategies our lawyers 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. It may 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 knowledgeable Combs Waterkotte defense lawyer will work to establish that you were not aware of possessing child porn. Call us right away at (314) 900-HELP or reach out to us online.
An Accidental Possession Defense
The internet can be a treacherous environment. Your computer is continuously susceptible 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 Taney County and throughout Missouri, have numerous files on your computer you didn’t even know existed.
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 serves a scientific, religious, or educational purpose it should not be considered child pornography.
Illegal Search and Seizure
Law enforcement often makes procedural errors violating an individual’s Fourth Amendment rights under the Constitution. The Combs Waterkotte defense team is vigilant in protecting your rights, future, and best interests. If evidence was seized illegally, your Taney County, MO child pornography defense lawyer will argue its inadmissibility.
Entrapment
Entrapment can manifest in various circumstances 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 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 multiple 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 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 – Connect With a Taney County, 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 Taney County, 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 Taney County or Missouri along is risky.
We understand that good people often find themselves in unfortunate circumstances in Taney County and throughout Missouri. We are here to help. Call our expert Taney County, MO child pornography defense lawyers right away at (314) 900-HELP or fill out our online contact form to arrange a free, confidential consultation.