Possession of Child Pornography in Missouri
Possession of Child Pornography in Missouri (573.037)
Facing charges of possession of child pornography in Missouri is life-altering. It brings immense stress, uncertainty, and the risk of severe consequences. Your freedom, reputation, and future are all at stake. For this reason, it is critical that you address these charges with care and a vigorous defense. Having an experienced legal team on your side can make all the difference.
At Frank & Juengel Law Group P.C., we have dedicated our careers to defending individuals in complex cases, including those involving allegations of child pornography. Our child pornography defense lawyers serving Missouri have more than three decades of experience helping those facing criminal charges protect their rights. We are willing and able to fight for the best result for you.
Understanding Child Pornography Laws in Missouri
Under Missouri law, child pornography 573.010(4) RSMo. is defined as any visual material or performance that shows minors under the age of 18 engaged in sexually explicit conduct or engaged in sexual contact. Sexual contact includes:
- Touching the genitals or anus of another person
- Touching the breast of a woman
- Touching another person with the genitals
- Any of the above-referenced touching through clothing
- Causing ejaculate, seminal fluid, or semen to touch another person
All for the purpose of gratifying the sexual desires of a person, or arousing a person, or terrorizing the victim
The definition of child pornography also includes a sexual performance in which a minor is portrayed as an observer or actually observes sexual contact. The visual material included in the definition of child pornography includes images on photograph, film, video, computer, picture, or computer-generated picture or image the production of which involves a minor engaged in explicit sexual conduct. This even includes material that appears to depict minors in sexual acts. Possessing, creating, or distributing this material is a serious offense, with penalties varying based on the type and amount of material.
Under Missouri law, knowingly or recklessly possessing child pornography is illegal. The penalties depend on the nature of the material:
- Class B Felony – This applies if someone:
- Possesses more than 20 still images of child pornography or obscene material.
- Possesses any motion picture, video, or other moving image depicting child pornography
or obscene content. - Has a prior conviction for a similar offense.
- Class D Felony – Possessing one still image of child pornography or one obscene still image.
Each image or piece of material counts as a separate offense, leading to individual punishments.
In many cases, digital evidence plays a critical role in these charges. Authorities often rely on electronic data, such as files on hard drives, cloud storage, or smartphones. Given the complex nature of digital evidence, a strong legal strategy is essential. Challenging how the evidence was obtained or interpreted can significantly impact the outcome of the case.
Legal Penalties for Possession of Child Pornography
The penalties for possession of child pornography in Missouri are severe and depend on the nature of the charges. A Class B Felony is from 5 to 15 years in prison while a Class D Felony range is 1 day to 7 years and/or a fine of up to $10,000.
Felony charges can lead to years in prison, steep fines, and a permanent criminal record. Additionally, individuals convicted of these offenses must register as sex offenders, which imposes significant restrictions on their lives. Being listed on the sex offender registry can affect where you are able to live, work, and even travel. It is important to note that penalties in Missouri may differ from those in other states, as each state has its own guidelines.
Beyond the legal penalties, there are other consequences to consider. Being on the sex offender registry can isolate you from friends and family, limit job opportunities, and make it difficult to find housing. These consequences can follow you for the rest of your life, making it critical to address the charges with
a zealous defense.
Common Defenses in Child Pornography Cases
Facing these charges does not mean you’re without options. Several defenses can be used to fight allegations of possession of child pornography:
- Lack of Knowledge or Intent – There are cases where individuals may unknowingly download illegal material. For example, files can be mislabeled, or malware can download content without the user’s knowledge. A lack of intent can significantly undermine the strength of the prosecution’s case.
- Misidentification – Investigators do not always correctly identify the responsible person. Shared devices, public computers, or unauthorized access can lead to false accusations.
- Issues with Digital Evidence – Authorities must always collect and handle digital evidence properly. If law enforcement conducted an improper search or seizure, this could lead to the exclusion of critical evidence in your case.
- Entrapment: If investigators used questionable tactics to encourage illegal actions, it could constitute entrapment, which is a valid defense in some situations.
- Suppression of Illegally Obtained Evidence: If law enforcement obtained evidence through illegal means, such as without a proper warrant or through an unlawful search, the defense could move to suppress this evidence
When you work with an experienced child pornography defense attorney from Frank & Juengel Law Group P.C., we can help you explore your defense options and build a case that fits your unique situation.
The Impact of a Conviction
A conviction for possession of child pornography has far-reaching consequences. Beyond legal penalties, the personal and social effects can be devastating. Those accused of this crime often face strained relationships with family and friends. They also struggle to find stable housing and experience limited job opportunities. Many also experience ongoing stigma within their communities
The sex offender registry adds another layer of hardship. This public record can affect every aspect of your life, from employment to personal relationships. The psychological toll of these consequences is significant, and many individuals benefit from support resources and counseling to cope with the
challenges.
Steps to Take if Charged with Possession
If you’ve been charged with possession of child pornography, taking the right steps can protect your future. Here’s what to do:
Hire a Defense Attorney Immediately
Don’t wait to seek legal help. The sooner you have an attorney on your side, the better your chances of building a strong defense. Hire an attorney with experience in defending child pornography cases.
Know Your Rights
During investigations or arrests, you have the right to remain silent and avoid self-incrimination. Exercise these rights and do not make statements without legal counsel. Never provide passwords without talking to an attorney even if the cops have a search warrant.
Work with Your Legal Team
At Frank & Juengel Law Group P.C., we provide comprehensive support from the initial consultation through trial. We dedicate ourselves to understanding your unique situation, clearly outlining your options, and advocating relentlessly to achieve the best possible outcome. Some clients need counseling regarding pornography addictions or related behaviors we can provide you with the resources to help.
Call Our Criminal Defense Lawyers
When you’re facing charges as serious as possession of child pornography, you need a legal team with the knowledge and experience to fight for your rights. At Frank & Juengel Law Group P.C., we bring over 50 years of combined trial experience to every case. We serve Clients across St. Louis County, St. Louis City, St. Charles County, Jefferson County, Franklin County, Warren County, and Lincoln County. We serve clients anywhere in the St. Louis area, including on the Illinois side of the Mississippi River.
Don’t try to take on the legal system alone, particularly with charges as significant as possession of child pornography. Our team understands what’s at stake, and we are committed to helping you through this difficult time. Call our St. Louis sex crimes defense lawyers today at (314) 725-777 or contact us online to schedule a consultation and take the first step toward protecting your future.
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