Gentry County, MO

Child pornography defense lawyer in Gentry 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 Gentry 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 Gentry County, MO?

While there might be prevalent stereotypes, child pornography charges come about in all walks of life in and around Gentry County, MO. 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.

According to RSMo § 573.037, a person is charged with the offense of child pornography if such person knowingly or recklessly possesses any child pornography of a minor under 18 years of age or obscene material portraying what seems to be a minor under 18 years of age.

A few specific instances of child pornography charges in the Gentry 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: 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 Gentry 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.

What Are the Legal Ramifications for Child Pornography in Gentry 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 Gentry County, MO if you:

• Possess over 20 still images of child pornography
• Possess over 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
• Prior conviction for an offense under this section

Legal Ramifications for Promotion of Child Pornography in Gentry County, MO

Engaging in the promotion of child pornography to an adult is classified as 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’s a class D felony and could mean 4 years in prison and fines.

Legal Ramifications for Sexual Exploitation of a Minor in the Gentry 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 of age the charges increase 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 Gentry County, MO and Throughout Missouri

Under 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. 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 Gentry County and Throughout Missouri

Failure to register as a sex offender is a class E felony unless you are 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 turns into 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 Gentry County, MO child pornography lawyers, we provide help in the following practice areas for clients in Gentry 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 Gentry County, MO?

The Combs Waterkotte skilled Gentry County, MO child pornography defense team boasts a collective experience of more than 60 years, dedicated to defending clients in Gentry County, 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 Gentry County, MO.

Your knowledgeable Combs Waterkotte defense attorney will work to establish that you were not aware of possessing child porn. Give us a call now at (314) 900-HELP or contact 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 Gentry County and throughout Missouri, have numerous files on your computer you didn’t even know existed.

“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. 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 Gentry County, MO. If evidence was seized illegally, your Gentry County, MO child pornography defense lawyer will argue its inadmissibility.

Entrapment

Entrapment can occur in a variety of scenarios throughout Missouri. This defense asserts that you would not have committed the offense if law enforcement hadn’t contacted 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 happens more often than we might realize, especially in instances where law enforcement conducts child porn sting operations, rounding up multiple people, 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 minimize your sentence or, in some cases, avoid imprisonment through participation in a treatment program and probation. Some mitigating factors your Combs Waterkotte Gentry 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 Wait – Contact a Gentry 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 Gentry 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 risk navigating the uncertainties and complexities of the Gentry County or Missouri legal system on your own.

We recognize that good people often find themselves caught in unfortunate circumstances in Gentry County and throughout Missouri. We’re here to help. Call our accomplished Gentry County, MO child pornography defense lawyers as soon as possible at (314) 900-HELP or complete our online contact form to arrange a free, confidential consultation.