Child pornography defense lawyer in Saline 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 Saline County, MO, you may be confronted with 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.
Call the criminal defense attorneys at Combs Waterkotte immediately at (314) 900-HELP or reach out to us online for a free, no-obligation case review. 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 Saline County, MO?
While there might be prevalent stereotypes, child pornography charges come about in all walks of life throughout the Saline 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.
According to RSMo § 573.037, a person commits the offense of child pornography if they knowingly or recklessly possess any child pornography of a minor below 18 years old or obscene material portraying what seems to be a minor under 18 years old.
A few specific instances of child pornography charges in the Saline 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 being involved in any aspect of the creation process of child pornography.
If you’re 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.
Saline County Resources
Below are quick links to important websites that may assist you with your legal matters in Saline County and Missouri.
What Are the Penalties for Child Pornography in Saline 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 Saline County, MO if you:
- Possess more than 20 still images of child pornography
- Possess over 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 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 Saline 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. Additionally:
- 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.
- Saline County, MO residents 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 Saline County, MO Area
Charges related to sexual exploitation of a minor are categorized as 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.
Mandatory Sex Offender Registration in Saline 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 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: These have 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 including rape, child molestation, sexual assault, as well as repeat offenses.
Penalties for Not Registering as a Sex Offender in Saline County 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 the age of 14, in which case it turns into a class D felony.
Combs Waterkotte is a leading criminal defense law firm based in St. Louis. In addition to expert legal representation from our skilled Saline County, MO child pornography lawyers, we provide help in the following practice areas for clients in Saline 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 Saline County, MO?
The Combs Waterkotte skilled Saline County, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Saline County, MO in cases just like 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. 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 Saline County, MO.
Your knowledgeable Combs Waterkotte defense attorney will work to establish that you were not aware of possessing child porn. Call us right away at (314) 900-HELP or contact us online.
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 Saline 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. 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 Saline County, MO. If evidence was seized illegally, your Saline County, MO child pornography defense lawyer will argue its inadmissibility.
Entrapment
Entrapment can manifest in various circumstances throughout the Saline County, MO area. This defense asserts 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 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 via a treatment program and probation. Your Combs Waterkotte Saline County, MO defense attorney may present various mitigating factors, like 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 Saline County, MO Child Pornography Defense Lawyer Now at Combs Waterkotte
Child pornography charges are serious and can have lasting, if not permanent, implications on your reputation and future in Saline 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 Saline County or Missouri legal system on your own.
We understand that good people often find themselves in unfortunate circumstances in Saline County and throughout Missouri. We are here to help. Call our accomplished Saline County, MO child pornography defense lawyers right away at (314) 900-HELP or complete our online contact form to arrange a free, confidential consultation.