Joplin, MO

Child pornography defense lawyer in Joplin, 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 find your accused of possessing or distributing child pornography in Joplin, 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 immediately 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 Joplin, MO?

While there might be many stereotypes, child pornography charges come about in all walks of life in and around Joplin, 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 old as a participant or portrayed observer of the material.

According to RSMo § 573.037, a person commits the offense of child pornography if such person knowingly or recklessly possesses any child pornography featuring a minor below 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 Joplin and elsewhere in Missouri 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. You need an experienced advocate on your side to protect your reputation, rights, and future.

What Are the Legal Ramifications for Child Pornography in Joplin, 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 Joplin, MO if any of the following conditions apply:

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

Legal Ramifications for Promotion of Child Pornography in Joplin, 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:

• 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.
• Joplin, 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.

Legal Ramifications for Sexual Exploitation of a Minor in the Joplin, 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 Joplin, MO and Throughout Missouri?

According to 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 classifies offenders into different tiers for sex offender registration requirements. Those include:

• 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 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. Offenses in this category usually involve violent acts including rape, child molestation, sexual assault, as well as repeat offenses.

Penalties for Failing to Register as a Sex Offender in Joplin and Throughout Missouri

Failure to register as a sex offender is considered a class E felony unless you are 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 14 years of age, in which case it is elevated to a class D felony.

Combs Waterkotte is a leading criminal defense law firm based in St. Louis. Along with expert legal representation from our skilled Joplin, MO child pornography lawyers, we provide assistance in the following areas for clients in Joplin and anywhere in Missouri:

• 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 Joplin, MO?

The Combs Waterkotte skilled Joplin, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Joplin, MO in cases just like yours. While each case presents its own unique circumstances, our attorneys employ various defense strategies, including:

Unintentional Possession Defense

Also known as “unintended possession,” this defense argues that you did not intend to possess child pornography in or around Joplin, MO, or that the material did not belong to you. It could 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 Joplin, MO could also be considered.

Your knowledgeable Combs Waterkotte defense lawyer can establish the most important factor – that you didn’t possess child pornography to your knowledge. Call us 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 Joplin 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. 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 Joplin, MO. Law enforcement can occasionally push the limits on getting a warrant or may search beyond the scope of that warrant. If evidence against you was seized illegally, your child pornography defense lawyer will argue it is inadmissible.

Entrapment

Entrapment can occur in a variety of circumstances throughout Missouri. The defense is rooted in the fact 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 that 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 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 reduce your sentence or, in some cases, avoid imprisonment via a treatment program and probation. Your Combs Waterkotte Joplin, 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 Wait – Reach Out to a Joplin, 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 Joplin, MO. But, as serious as they are, there are defenses available from the skilled and tenacious Combs Waterkotte legal team. Don’t risk navigating the uncertainties and complexities of the Joplin or Missouri legal system alone.

We understand that good people often find themselves caught in unfortunate circumstances in Joplin and throughout Missouri. We’re here to help. Call our expert Joplin, MO child pornography defense lawyers right away at (314) 900-HELP or fill out our online contact form to schedule a free, confidential case review.