Child sex crimes are some of the most heinous in society, and state law enforcement agencies aggressively pursue criminal charges for child pornography. If you are currently facing a child pornography promotion charge in Missouri or Illinois, contact Frank & Juengel Law Group P.C. A conviction for child porn crimes carries severe punishment, including jail time, fines, and civil restitution cases. A sex crime conviction can also destroy your reputation and social life. You may also have to register with the national sex offender registry. These types of child sex crime cases are extremely serious, so you need an attorney who will go on the offensive by creating the strongest possible defense.
Contact us online or call (314) 725-7777 for a consultation with a child pornography defense attorney.
The complex digital nature of modern file and image-sharing software and platforms means that it is possible to unknowingly download embedded or otherwise hidden images when using photo-sharing networks. It’s important to determine that any evidence was secured legally and without violating the accused’s rights when they seized any computing devices or collected and transported other evidence. Further, images in the accused possession may be incorrectly labeled as child porn when they actually depict adults.
The bottom line is that those charged with the promotion of child porn deserve an attorney who will protect their rights and work towards the best possible outcome. An accomplished attorney can create a strong defense that rebuts the prosecution’s argument and introduces reasonable doubt into their case. They can also argue for lesser charges to avoid the worst consequences of a conviction whenever possible.
Broadly speaking, child porn promotion charges are different from possession charges and carry a more serious penalty. For a child pornography possession conviction, the accused must knowingly have child pornography in their possession, regardless of any specific intent.
Promotion is a stronger accusation than mere possession. The crime requires an intent to disseminate, distribute, produce, or reproduce child pornography for other parties. In that sense, it is a much more severe charge than possession. Factors that could be relevant for the prosecution pursuing a promotion vs possession charge could include:
Depending on the circumstances of the case, the accused may also face charges ranging from child porn possession to endangerment of a minor.
Missouri Child Pornography Promotion Charges
Missouri law defines two levels of child pornography promotion charges:
A first-degree conviction is a Class B felony unless the convicted person promoted the materials to a minor, in which case it is a Class A felony. A Class B felony carries a five to fifteen-year prison sentence, and a Class A felony carries a ten to thirty years or a life sentence. Anyone guilty of first-degree child porn promotion is ineligible for parole, probation, or conditional release for at least three years.
A second-degree conviction is a class D felony, which carries a maximum seven-year prison sentence. If the convicted promoted the materials to a minor, it is a Class B felony instead. A person guilty of second-degree child porn promotion is ineligible for probation.
Illinois Child Pornography Promotion Charges
Illinois does not have a specific child pornography promotion charge as Missouri does, but it does define penalties for distributing, furnishing, or soliciting child pornography. The severity of the charge depends on various circumstances, such as the nature of the pornographic materials, the specific medium, and the age of the involved children.
Child porn promotion charges in Illinois are typically either Class X felony or Class 2 felony.
If the accused carries a previous child porn or child sex crime conviction, child porn promotion and distribution is a Class X felony with a mandatory nine-year prison sentence.
When it comes to child sex crime charges, your future hangs in the balance. You need an attorney capable of providing a robust defense against child pornography promotion charges. Below are some general strategies a defense attorney might deploy against a charge of child pornography promotion.
Unintentional Possession
In order for someone to be guilty of child pornography crimes, they must knowingly possess the material. For instance, if someone else downloaded child porn onto your computer and you had no knowledge of the materials, your ignorance could constitute an affirmative defense. You may also be not guilty if you had good reason to believe the materials contained adults over the age of majority.
Unlawful Computer Search or Seizure
The Fourth Amendment protects US citizens from unlawful search and seizure. If you can demonstrate that the police violated your rights when seizing your computer or other images, videos, or materials, your attorney may be able to suppress any evidence they obtained during the illegal seizure.
It’s Not Child Pornography
Pornography has a specific definition that requires the material to serve a prurient interest and not have a legitimate scientific, educational, or medical purpose. Similarly, material may be labeled as child pornography when it actually contains adults who were over the age of majority when the material was produced.
Sex crimes are some of the most difficult cases to manage, and child porn promotion charges are no exception. It is important to remember that a criminal charge is not the same as a conviction. You have the right to defend yourself in court and effective legal counsel, regardless of the nature of the charge.
Our attorneys at Frank & Juengel Law Group P.C. have extensive experience protecting Missouri and Illinois residents from a broad range of criminal charges, including state and federal child porn charges. Our aggressive defensive strategies have secured numerous case dismissals and charge reductions for child pornography cases through careful evidence questioning and witness cross-examinations. Child sex crimes are a serious matter, but the accused deserve fair and effective criminal defense.
Sex crimes charges are serious in both Missouri and Illinois. Don’t try to handle your legal situation on your own. Having a lawyer is in your best interest, as an experienced sex crimes defense lawyer will know all the potential defenses available to you. Contact us online or call today at (314) 725-7777 for a free case consultation with a criminal defense attorney serving Missouri and Illinois.
