Manchester, MO

Child pornography defense lawyer in Manchester, 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’ve been charged for having or distributing child pornography in the Manchester, MO area, you could be facing a felony charge and mandatory Missouri sex offender registration if convicted. Don’t leave your defense to chance.

Call the criminal defense attorneys at Combs Waterkotte immediately at (314) 900-HELP or reach out to us online for a free, no-obligation consultation. 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 Manchester, MO?

Despite prevailing stereotypes, child pornography charges can impact individuals from all walks of life throughout the Manchester, 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 of age as a participant or portrayed observer.

According to RSMo § 573.037, a person commits the offense of child pornography if they knowingly or recklessly possess any child pornography of a minor below 18 years of age or obscene material portraying what seems to be a minor under 18 years old.

A few examples of specific child pornography charges in Manchester and across the state of 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: 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 now at (314) 900-HELP or reach out to us online. You need an knowledgeable advocate on your side to protect your reputation, rights, and future.

What Are the Penalties for Child Pornography in Manchester, 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 Manchester, MO if you:

• Possess over 20 still images of child pornography
• Possess more than 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 and Around Manchester, 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. 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.
• If you have had a previous child pornography conviction, wholesale promotion of child porn, or promoting child porn to a minor in Missouri, it is a class D felony and could mean 4 years in prison and fines.

Legal Ramifications for Sexual Exploitation of a Minor in the Manchester, 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 increase to a class A felony, carrying a minimum prison sentence of 10 years and a maximum of life imprisonment.

Mandatory Sex Offender Registration in Manchester, 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 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. These offenses 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. These offenses include violent acts including rape, child molestation, sexual assault, as well as repeat offenses.

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

Failure to register as a sex offender is considered 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 a leading criminal defense law firm based in St. Louis. In addition to expert legal representation from our skilled Manchester, MO child pornography lawyers, we provide help in the following practice areas for clients in Manchester, 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 Manchester, MO?

The Combs Waterkotte skilled Manchester, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Manchester, MO in cases just like yours. While each case presents its own unique circumstances, our attorneys employ a variety of 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. 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 Manchester, MO could also be considered.

Your knowledgeable 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.

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 Manchester and Missouri have files on their computers that they are unaware of. 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 is based on the prosecution’s burden to prove that the subject of the material in question was under 18 years of age. Additionally, if the material in question serves a scientific, religious, or educational purpose it should not be considered child pornography.

Illegal Search and Seizure

Law enforcement often makes 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 Manchester, MO child pornography defense lawyer will argue its inadmissibility.

Entrapment

Entrapment can occur in a variety of scenarios throughout the Manchester, MO area. 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. 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 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 Manchester, 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 Hesitate – Reach Out to a Manchester, MO Child Pornography Defense Lawyer Right Away at Combs Waterkotte

Child pornography charges are serious and can have lasting, if not permanent, implications on your reputation and future in Manchester, 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 Manchester or Missouri along is risky.

We know that good people often find themselves caught in bad situations in Manchester and throughout Missouri. We’re here to help. Call our accomplished Manchester, MO child pornography defense lawyers as soon as possible at (314) 900-HELP or complete our online contact form to schedule a free, confidential case review.