Child pornography defense lawyer in Lebanon, MO. Facing allegations of or charges for the possession or distribution of child pornography threatens to destroy both your reputation and your future. If you have been charged for having or distributing child pornography in or around Lebanon, MO, you could be looking at a felony charge and mandatory Missouri sex offender registration if convicted. Don’t leave your defense to chance.
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 Lebanon, MO?
Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life in and around Lebanon, MO. 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 of age as a participant or portrayed observer.
According to RSMo § 573.037, a person is charged with the offense of child pornography if they knowingly or recklessly possess any child pornography featuring a minor under 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 the Lebanon, 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: Involves distributing or selling child pornography to an adult, or promoting adult pornography to a minor.
- Sexual Exploitation of a Minor: Filming, photographing, or participating 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 right now at (314) 900-HELP or reach out to us online. Having an knowledgeable advocate by your side is crucial to safeguarding your reputation, rights, and future.
Laclede County Resources
Below are quick links to important websites that may assist you with your legal matters in Laclede County and Missouri.
What Are the Penalties for Child Pornography in Lebanon, 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 Lebanon, MO if you:
- Possess more than 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 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
Legal Ramifications for Promotion of Child Pornography in Lebanon, 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. Additionally:
- 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, leading to imprisonment for a duration of 5-15 years.
- 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 Lebanon, 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 increase to a class A felony, which carries a minimum prison sentence of 10 years with a maximum of life in prison.
Who Has to Register as a Sex Offender in Lebanon, 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:
- 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, 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: Offenders in this tier face 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 Lebanon, MO
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 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 becomes 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 Lebanon, MO child pornography lawyers, we provide help in the following practice areas for clients in Lebanon 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 Lebanon, MO?
The Combs Waterkotte skilled Lebanon, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Lebanon, MO in cases just like yours. While each case presents its own unique circumstances, our attorneys employ a variety of defense strategies, including:
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 Lebanon, MO.
Your knowledgeable Combs Waterkotte defense lawyer will work to establish that you were not aware of possessing child porn. Call us now at (314) 900-HELP or contact us online.
An Accidental Possession Defense
The internet poses various threats, and your computer is susceptible to viruses, spyware, malware, spam, or other elements without your knowledge. These intrusions could include child pornography or other obscene materials. Many individuals throughout Lebanon and Missouri have files on their computers that they are in the dark about. An accidental possession defense argues that you did not knowingly possess child pornography, emphasizing the unintentional nature of its presence on your device.
“Not Child Porn” Defense
This defense challenges the prosecution’s burden to prove that material in question involves any individual under the age of 18. 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 safeguarding your rights, future, and best interests. If evidence was seized illegally, your Lebanon, MO child pornography defense lawyer will argue its inadmissibility.
Entrapment
Entrapment can occur in a variety of scenarios throughout the Lebanon, 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. In some cases, officers may 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 realize, especially in instances where law enforcement conducts child porn sting operations, rounding up numerous 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 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 Lebanon, 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 Hesitate – Connect With a Lebanon, MO Child Pornography Defense Lawyer Now at Combs Waterkotte
Child pornography charges are serious and can cast enduring, if not permanent, shadows on your reputation and future in Lebanon, 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 Lebanon or Missouri legal system alone.
We know that good people often find themselves caught in unfortunate circumstances in Lebanon and throughout Missouri. We are here to help. Call our accomplished Lebanon, MO child pornography defense lawyers right away at (314) 900-HELP or fill out our online contact form to schedule a free, confidential consultation.