Ste. Genevieve, MO

Child pornography defense lawyer in Ste. Genevieve, 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 Ste. Genevieve, MO area, you could be facing felony charges 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 Ste. Genevieve, MO?

While there might be many stereotypes, child pornography charges come about in all walks of life in and around Ste. Genevieve, 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 is charged with the offense of child pornography if they knowingly or recklessly possess any child pornography of a minor under 18 years of age or obscene material portraying what seems to be a minor under 18 years old.

A few specific instances of child pornography charges in the Ste. Genevieve, MO area are:

• Possessing Child Pornography: Having child pornography in your possession, regardless 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 taking part 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 experienced advocate by your side is crucial to safeguarding your reputation, rights, and future.

What Are the Legal Ramifications for Child Pornography in Ste. Genevieve, 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 Ste. Genevieve, 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 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 Ste. Genevieve, MO

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

Penalties for Sexual Exploitation of a Minor in the Ste. Genevieve, 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 are elevated to a class A felony, which carries a minimum prison sentence of 10 years and a maximum of life imprisonment.

Mandatory Sex Offender Registration in Ste. Genevieve, 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 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. These offenses 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 Failing to Register as a Sex Offender in Ste. Genevieve and Throughout Missouri

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 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 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 Ste. Genevieve, MO child pornography lawyers, we provide help in the following practice areas for clients in Ste. Genevieve, 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 Ste. Genevieve, MO?

The Combs Waterkotte skilled Ste. Genevieve, MO child pornography defense team boasts a collective experience of more than 60 years, dedicated to defending clients in Ste. Genevieve, MO in cases similar to yours. While every case is different with unique circumstances, some defense strategies our attorneys have used include:

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 Ste. Genevieve, MO could also be considered.

Your knowledgeable Combs Waterkotte defense attorney can establish the most important factor – that you didn’t possess child pornography to your knowledge. Give us a call now at (314) 900-HELP or contact us online.

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 Ste. Genevieve 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 anyone under the age of 18. Also, if the material 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 always has your rights, your future, and your best interests in mind in Ste. Genevieve, MO. Law enforcement can occasionally push the limits on getting a warrant or may search beyond the scope of said warrant. If evidence against you was seized illegally, your child pornography defense lawyer will argue it is inadmissible.

Entrapment

Entrapment can manifest in various 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. 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 occurs more frequently than we might realize, especially in instances where law enforcement conducts child porn sting operations, rounding up a multitude of 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 is a possible means to minimize your sentence or, in some cases, avoid imprisonment through participation in a treatment program and probation. Some mitigating factors your Combs Waterkotte Ste. Genevieve, 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 Ste. Genevieve, MO Child Pornography Defense Lawyer Right Away at Combs Waterkotte

Child pornography charges are gravely serious and can have lasting, if not permanent, implications on your reputation and future in Ste. Genevieve, 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 Ste. Genevieve or Missouri along is ill-advised.

We know that good people often find themselves caught in unfortunate circumstances in Ste. Genevieve and throughout Missouri. We are here to help. Call our accomplished Ste. Genevieve, MO child pornography defense lawyers as soon as possible at (314) 900-HELP or fill out our online contact form to schedule a free, confidential case review.