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What is Considered Child Pornography Under St. Louis and Missouri Law?
Missouri Revised § 573.010 defines child pornography as any obscene material depicting sexual conduct, contact, or performance, including a minor under the age of 18 as a participant or portrayed observer of the material.
Protect your freedom and future with Combs Waterkotte. Contact one of our child pornography defense lawyers today at (314) 900-HELP.
Child pornography includes video, photographs, or other images of individuals under the age of 18, either protrayed in a sexual context or used for sexual gratification.
The following crimes may be prosecuted as a child pornography offense in St. Louis and throughout MO:
- Sexual Exploitation of a Minor: Filming, photographing, or being involved in any part of the creation process of child pornography.
- Promoting Child Pornography: Distributing or selling child pornography to an adult, or promoting adult pornography to a minor.
- Possessing Child Pornograhpy: Having child pornography in your possession, regardless of the quantity or form – digital, physical, etc.
If you have been charged or are being investigated for any of these, call a St. Louis child pornography attorney at Combs Waterkotte as soon as possible at (314) 900-HELP or contact us online.
What is Prohibited Under Child Pornography Laws in St. Louis, MO?
Essentially, any minor under 18 cannot be photographed, filmed, or made to perform in any sexual manner. Minors also can’t be made to watch a performance or be shown or sold any sexually explicit materials, including over the internet. Buyers and sellers of “obscene” materials should confirm children are not depicted and shouldn’t sell or give porn to children. Obscene materials are those that the average person in the community would consider to be depicting sexual conduct offensively and lacking serious artistic or scientific value. Also, under Missouri Revised § 573.509, no one under 19 years old can perform in a strip club or “adult cabaret.”
What Are the Penalties For Child Pornography in St. Louis and Missouri?
Penalties vary depending on the conduct committed, the defendant’s knowledge of the age of the child involved, and the age or apparent age of the child. At Combs Waterkotte, we know that good people get caught in bad situations far too often. If you have been charged with child pornography, speak with a St. Louis criminal defense attorney right away by calling (314) 900-HELP or contacting us online.
Some examples of the penalties are:
- Class A felony – Filming, photographing, or creating obscene materials with a child under 14; knowingly promoting child porn portraying a child under 14 to a minor – punishable by imprisonment of 10-30 years or life imprisonment
- Class B felony – Filming, photographing, or creating obscene materials with a child under 18; knowingly promoting child porn portraying a child under 18 to a minor; promoting porn of a child under 14 to an adult; possession of 20+ child porn images or 1+ film – punishable by imprisonment of 5-15 years
- Class C felony – Promoting porn of a child under 18, but over 14; possession of 1-19 child porn images – punishable by imprisonment for 7 years or less and/or a fine up to $5,000 or up to double the amount the defendant gained from the crime up to $20,000
- Class D felony – Wholesale promotion or possession of any obscene materials either for adults or for minors or furnishing or providing pornographic materials to children under 18; promoting or furnishing porn to a minor if previously convicted of a child porn crime – punishable by imprisonment up to 4 years and/or a fine up to $5,000 and/or a fine up to $5,000 or up to double the amount the defendant gained from the crime up to $20,000
- Class A misdemeanor – Promoting or furnishing porn to minors; hiring a person under 19 to dance in an adult establishment – punishable by up to one year in jail and up to a $1,000 fine
Conviction of any sex crime involving a child comes with additional ramifications that will follow you for the rest of your life. The state of MO requires all individuals who are convicted of the sexual exploitation of a minor to enroll with the sex offender registry. The registry is a public list intended to inform the public of sexual predators in the community. There is also the National Sex Offender Public Website. If you are facing this possibility, it is in your best interest to connect with a skilled St. Louis child pornography attorney from Combs Waterkotte immediately by calling (314) 900-HELP or contacting us.
