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State Child Pornography Charges

State Child Pornography Charges Charges

Law enforcement officials and prosecutors in Illinois and Missouri aggressively investigate and prosecute child pornography offenses. If you face state charges, hiring seasoned legal counsel can help you pursue an outcome to your charges that best preserves your reputation and future. You don’t have to face the criminal justice system alone. Let the legal team at Frank & Juengel Law Group P.C., work hard to seek a favorable resolution to your state child pornography charges. Our firm leaves no stone unturned in seeking the best possible result, whether that means evaluating the merits of a plea offer or taking your case to trial to advocate your innocence.

When the police have arrested you for child pornography offenses, you need dedicated, experienced legal representation to protect your freedom and future. Contact Frank & Juengel Law Group P.C., for an initial case evaluation with a skilled sex crimes defense attorney to discuss how our firm can help you resolve your state child pornography charges.

Understanding Child Pornography Laws Under Missouri and Illinois Law

Child pornography typically refers to any materials that depict a minor child engaged in sexually explicit acts or a lewd and lascivious display of private areas, with such materials intended for the viewer’s sexual arousal or gratification.

Missouri criminal law includes various offenses related to the production, distribution, or possession of child pornography, including:

  •  Sexual exploitation of a minor
  •  Enabling the sexual exploitation of a minor
  •  Promoting child pornography
  •  Possession of child pornography
  •  Promoting sexual performance by a child
  •  Patronizing the sexual performance of a child

Under Illinois law, a person commits a child pornography offense when they:

  • Film, videotape, photograph, or depict an individual the person knows or should reasonably know is a minor child engaged in actual or simulated sexual penetration, sexual conduct, masturbation, lewd fondling, lewd exhibition of visible genitals, buttocks, breasts, or pubic areas, or sadomasochistic abuse
  • Reproduce, disseminate, offer, exhibit, or possess with intent to distribute any sexual depiction of a child
  • Produce a live performance or film of a sexual act involving a child
  • Solicit, persuade, induce, entice, or coerce a child to participate in the creation of visual materials or a live performance of actual or simulated sexual activity
  • Knowingly possess any visual media of a child engaged in actual or simulated sexual activity

Penalties for Child Pornography Convictions in Missouri and Illinois

In Missouri, different child pornography offenses have different sentencing ranges based on the felony grading of the offense. Possession of child pornography is either a class D felony, which carries a range of punishment up to 7 years, or a class B felony carrying 5 to 15 years. Promoting child pornography is a class B felony. If an individual has a prior criminal history, those classifications of felonies can be enhanced to a higher level.
Illinois grades child pornography offenses as Class 3, Class 2, Class 1, or Class X felonies, depending on the circumstances of the offense. Penalties for conviction can include:
  • Class 3 Felony – Two to five years in prison (or an extended term of five to 10 years)
  • Class 2 Felony – Three to seven years in prison (or an extended term of seven to 14 years)
  • Class 1 Felony – Four to 15 years in prison (or an extended term of 15 to 30 years)
  • Class X Felony – Six to 30 years in prison (or an extended term of 30 to 60 years)
Illinois and Missouri both have sex offender registration systems that require individuals convicted of a child pornography offense to register as sex offenders. The state will publish an offender’s registration information on a publicly accessible website. Offenders must regularly confirm and update their registration information, including their address, phone number, email addresses, social media accounts, and employment information.

Defenses to State Child Pornography Charges

Depending on state law and the circumstances of an offense, a defendant may have various factual and legal defenses or defense strategies they may employ to fight child pornography charges. Common defenses used in child pornography cases include:
  • Lack of Knowledge of Age – A defendant may fight a child pornography charge by arguing that they did not know the age of the individual(s) depicted in the materials.
  • Lack of Sexually Explicit or Lewd Conduct – A defendant may defend against a child pornography charge by contending that the materials do not contain a depiction of a minor engaged in sexually explicit or lewd conduct.
  • Lack of Intent – Defendants may fight a child pornography charge by arguing that they did not have the required criminal intent under the statute.
  • Lack of Actual or Constructive Possession – A defendant may argue that they did not possess the materials by claiming that another person in their household obtained the materials or that a hacker or malicious actor used the defendant’s computer systems or IP address to obtain or distribute them.
  • Good Faith Mistake – A good faith mistake defense requires a defendant to show they unintentionally obtained child pornography (usually having inadvertently obtained a minimal number of materials) and promptly sought to destroy such materials or alert law enforcement and restrict access to such materials to law enforcement investigators.
  • Unlawful Search and Seizure – Defendants may seek to exclude the prosecution’s evidence by arguing that police investigators obtained the evidence through an unlawful search that lacked probable cause.
  • Improperly Obtained Statements – A defendant may move to exclude their statements to police or investigators by showing that the questioning or interrogation violated their rights, such as due to investigators’ failure to advise the defendant of their rights to remain silent and obtain legal counsel before questioning.

Why Choose a Criminal Defense Attorney From Frank & Juengel Law Group P.C., for Help Facing State Child Pornography Charges

Illinois and Missouri law enforcement officials consider child pornography crimes some of the most severe offenses under each state’s laws due to the catastrophic effects these crimes can have on minors involved in the production of child pornography. As a result, prosecutors vigorously pursue convictions and significant sentences for convicted defendants. You deserve legal representation to level the playing field and stand up for your rights and interests. Individuals facing state child pornography charges have turned to the team at Frank & Juengel Law Group P.C., for help because:

  • The firm is the number one defense firm for fighting child pornography offenses in the region. The attorneys have handled hundreds of child pornography offenses and have taken these cases to jury trial with a full acquittal. Very few other attorneys in the country have this experience.
  • Our attorneys have decades of combined legal experience advocating for the rights and interests of clients facing state child pornography charges and other sex crimes.
  • We thoroughly prepare each case for trial to ensure we have a comprehensive strategy to pursue a favorable resolution to your case.
  • Our firm has earned a reputation among prosecutors and our peers for providing our clients with dedicated, vigorous legal advocacy. We’ve earned various accolades for our work, including the highest AV rating from Martindale-Hubbell’s peer review service and recognition from organizations like the National Trial Lawyers Association, Best Lawyers in America, and Super Lawyers.

Contact Us Today to Discuss Your Legal Options

Following an arrest on state child pornography charges, you need robust legal advice and advocacy to defend your rights, reputation, and future. Contact Frank & Juengel Law Group P.C., today for a confidential consultation with our team of skilled criminal defense lawyers to discuss your options for resolving your state child pornography charges.

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