Columbia, MO

Child pornography defense lawyer in Columbia, 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 Columbia, 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 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 Columbia, MO?

Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life throughout the Columbia, MO area. As outlined in Missouri Revised Statute § 573.010, child pornography is defined as any material or performance that is obscene and depicts sexual conduct, contact, or sexual performance, involving a minor under 18 years old as a participant or portrayed observer.

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 below 18 years old.

A few examples of specific child pornography charges in the Columbia, MO area 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: Filming, photographing, or being involved 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 Columbia, MO – call Combs Waterkotte now at (314) 900-HELP or reach out to us online. You need an knowledgeable advocate on your side to protect your reputation, your rights, and your future.

What Are the Legal Ramifications for Child Pornography in Columbia, 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 Columbia, MO if any of the following conditions are met:

• 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
• Have previously been found guilty of an offense under this section

Penalties for Promotion of Child Pornography in Columbia, 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.
• Individuals 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 Columbia, 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 increase to a class A felony, which carries a minimum prison sentence of 10 years and a maximum of life in prison.

Who Has to Register as a Sex Offender in Columbia, 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:

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 typically include 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: These have a lifetime registration requirement and must report to the CLEO in person every 90 days. Offenses in this category usually involve violent acts like rape, child molestation, sexual assault, as well as repeat offenses.

Penalties for Not Registering as a Sex Offender in Columbia 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 is elevated to a class D felony.

Combs Waterkotte is an award-winning criminal defense law firm based in St. Louis. Along with expert legal representation from our skilled Columbia, MO child pornography lawyers, we provide help in the following practice areas for clients in Columbia, MO:

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

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

The Combs Waterkotte skilled Columbia, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Columbia, 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 Columbia, MO.

Your Combs Waterkotte defense lawyer will work to establish that you were not aware of possessing child porn. Give us a call today at (314) 900-HELP or reach out to us online.

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 Columbia and throughout Missouri, have numerous files on your computer you didn’t even know existed.

A “Not Child Porn” Defense

This defense challenges 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 is vigilant in protecting your rights, future, and best interests. If evidence was seized illegally, your Columbia, MO child pornography defense lawyer will argue its inadmissibility.

Entrapment

Entrapment can occur in a variety of scenarios throughout the Columbia, MO area. 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. 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 realize, especially in instances where law enforcement conducts child porn sting operations, rounding up a multitude of 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 is a possible means to minimize your sentence or, in some cases, avoid imprisonment via a treatment program and probation. Some mitigating factors your Combs Waterkotte Columbia, 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 Wait – Connect With a Columbia, 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 Columbia, 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 Columbia or Missouri along is ill-advised.

We understand that good people often find themselves in unfortunate circumstances in Columbia and throughout Missouri. We are here to help. Call our expert Columbia, 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 case review.