Livingston County, MO

Child pornography defense lawyer in Livingston 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 Livingston County, MO, you may be confronted with 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 situation.

Call the criminal defense attorneys at Combs Waterkotte immediately at (314) 900-HELP or contact us online for a free, no-obligation case review. Our expert child pornography defense lawyer will meet with you one-and-one, discuss the specifics of your case, and provide guidance on next steps.

What Can Lead to Child Pornography Charges in Livingston County, MO?

Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life throughout the Livingston County, 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 under 18 years old or obscene material portraying what appears to be a minor below 18 years old.

A few specific instances of child pornography charges in the Livingston 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: Filming, photographing, or taking part 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 Livingston County, MO – call Combs Waterkotte right away at (314) 900-HELP or reach out to us online. Having an knowledgeable advocate by your side is crucial to safeguarding your reputation, your rights, and your future.

What Are the Penalties for Child Pornography in Livingston 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 Livingston County, 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 comprised 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 and Around Livingston County, MO

Engaging in the promotion of child pornography to an adult is classified as a class C felony, punishable by up to 7 years in prison and fines. Moreover:

• 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.
• 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 Livingston County, MO Area

If you are facing sexploitation charges, you are facing a class B felony. However, if the child involved was under 14 years old the charges are elevated to a class A felony, which carries a minimum prison sentence of 10 years with a maximum of life imprisonment.

Who Has to Register as a Sex Offender in Livingston 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 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: 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 such as rape, child molestation, sexual assault, as well as repeat offenses.

Penalties for Not Registering as a Sex Offender in Livingston County, MO

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 becomes 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 Livingston County, MO child pornography attorneys, we provide assistance in the following areas for clients in Livingston County 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 Livingston County, MO?

The Combs Waterkotte skilled Livingston County, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Livingston County, MO in cases just like yours. While every case is different with unique circumstances, some defense strategies our attorneys 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. It may 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 Livingston County, MO could also be considered.

Your knowledgeable Combs Waterkotte defense attorney will work to establish that you were not aware of possessing child porn. Give us a call right away at (314) 900-HELP or contact us online.

An Accidental Possession Defense

The internet poses various threats, and your computer may be exposed to viruses, spyware, malware, spam, or other elements without your knowledge. These intrusions could include child pornography or other obscene materials. Many individuals throughout Livingston County 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.

A “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 often makes procedural errors violating an individual’s Fourth Amendment rights under the Constitution. The defense team at Combs Waterkotte is vigilant in safeguarding your rights, future, and best interests. 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 situations 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 occurs more frequently than we might know – particularly when law enforcement runs a child porn sting operation which may round up numerous 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 Livingston 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 more.

Don’t Wait – Connect With a Livingston County, MO Child Pornography Defense Lawyer Now at Combs Waterkotte

Child pornography charges are gravely serious and can have lasting, if not permanent, implications on your reputation and future in Livingston County, MO. But, as serious as they are, there are defenses available from the skilled and tenacious Combs Waterkotte legal team. Don’t try to navigate the uncertainties and complexities of the Livingston County or Missouri legal system alone.

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