Excelsior Springs, MO

Child pornography defense lawyer in Excelsior Springs, 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 Excelsior Springs, MO, you may be looking at serious felony charges and mandatory Missouri sex offender registration upon conviction. It is vital 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.

What Can Lead to Child Pornography Charges in Excelsior Springs, MO?

While there might be many stereotypes, child pornography charges come about in all walks of life throughout the Excelsior Springs, 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, an individual is charged with the offense of child pornography if such person knowingly or recklessly possesses any child pornography featuring a minor below 18 years old or obscene material portraying what seems to be a minor under 18 years old.

A few examples of specific child pornography charges in Excelsior Springs and across the state of Missouri 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 participating in any aspect of the creation process of child pornography.

If you are facing charges or have been questioned regarding any of these examples – or any other child pornography charges in the Excelsior Springs, MO area – 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, your rights, and your future.

What Are the Legal Ramifications for Child Pornography in Excelsior Springs, 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 Excelsior Springs, 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 in the form of one motion picture, film, videotape, videotape production, or other moving image
• Prior conviction for an offense under this section

Legal Ramifications for Promotion of Child Pornography in and Around Excelsior Springs, MO

The promotion of child pornography to an adult is a class C felony, carrying potential penalties of 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 – 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 is a class D felony and could mean 4 years in prison and fines.

Legal Ramifications for Sexual Exploitation of a Minor in the Excelsior Springs, 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 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 in prison.

Mandatory Sex Offender Registration in Excelsior Springs, MO and Throughout Missouri

According to 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:

Missouri classifies 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 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. 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. 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 Excelsior Springs 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 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 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 Excelsior Springs, MO child pornography attorneys, we provide assistance in the following areas for clients in Excelsior Springs 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 Excelsior Springs, MO?

The Combs Waterkotte skilled Excelsior Springs, MO child pornography defense team boasts a collective experience of over 60 years, dedicated to defending clients in Excelsior Springs, MO in cases similar to 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 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 Excelsior Springs, MO.

Your Combs Waterkotte defense attorney can establish the most important factor – that you didn’t possess child pornography to your knowledge. Give us a call today 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 Excelsior Springs 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. 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 Excelsior Springs, MO. If evidence was seized illegally, your Excelsior Springs, MO child pornography defense lawyer will argue its inadmissibility.

Entrapment

Entrapment can occur in a variety of circumstances throughout Missouri. This defense asserts 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 it isn’t necessarily a winning defense, claiming a psychological addiction to child pornography can serve as a strategy to reduce your sentence or, in some cases, avoid imprisonment through participation in a treatment program and probation. Your Combs Waterkotte Excelsior Springs, 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 others.

Don’t Hesitate – Reach Out to a Excelsior Springs, MO Child Pornography Defense Lawyer Now at Combs Waterkotte

Child pornography charges are gravely serious and can cast enduring, if not permanent, shadows on your reputation and future in Excelsior Springs, 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 Excelsior Springs or Missouri along is ill-advised.

We know that good people often find themselves caught in unfortunate circumstances in Excelsior Springs and throughout Missouri. We’re here to help. Call our expert Excelsior Springs, MO child pornography defense lawyers today at (314) 900-HELP or complete our online contact form to arrange a free, confidential consultation.