PORNOGRAPHY OFFENSES

Jefferson County Missouri Pornography Lawyer

Pornography


Many people are caught off guard when they are accused by law enforcement of a pornography related crime. This sometimes involves the possession of some form of child pornography that you either did not know, or forgot was on your computer. The vast majority of people who surf the internet have downloaded something at some time without realizing what it is or even that they did it. It also happens that persons accused of pornography related offenses are not guilty at all, but merely unintentionally and unknowingly in possession of something they shouldn’t be.


These matters often come to light in very innocuous ways. Maybe your employer has approached you about pornographic images that were found on your work computer. Or perhaps a computer repair technician ran across some disconcerting images on your computer while servicing it. As most are aware, once a file has been downloaded onto your hard drive, simply deleting it does not erase all traces of it. Someone with expertise in computer forensics could easily recover it.


Another matter to consider when it comes to pornography is that each image can result in a separate criminal charge. Under Missouri law possessing a single image of child pornography could land you in prison for 7 years. This could result in multiple felony charges which could equate to a lengthy prison sentence. Also, if you are either intentionally, or unintentionally storing images and at the same time running some type of file sharing program where other users can access these files, this can result in more serious charges including promoting pornography, which under certain circumstances can result a life sentence. Lastly, you must also consider that in addition to state charges you could also be facing federal charges for the same incident.

We represent individuals charged with the following Missouri Pornography related offenses:

  • Child Used in Sexual Performance
  • Coercing Acceptance of Obscene Material
  • Failure to Report Child Pornography
  • Furnishing Pornographic Materials to Minors
  • Possession of Child Pornography
  • Promoting Child Pornography, First Degree
  • Promoting Child Pornography, Second Degree
  • Promoting Obscenity, First Degree
  • Promoting Obscenity, Second Degree
  • Promoting Sexual Performance by a Child
  • Public Display of Explicit Sexual Material
  • Sexual Exploitation of a Minor

Missouri Pornography Attorney

We understand the consequences of being found in possession of pornographic images, and we will investigate all matters related to the charges, such as whether someone else may have downloaded the images, whether you were misled into downloading the images, whether you have been the unknowing recipient of images through a file sharing program, or whether the images may have ended up on your computer by some other means, such as a virus.


If you suspect that you are being investigated for or have been arrested for a pornography related offense you should speak to a criminal defense attorney immediately about how to protect your constitutional rights. The earlier we begin formulating a defense strategy, the more likely it is we will be able to achieve a more favorable outcome and reduce your exposure to both the stigma and prison time that accompanies these types of charges.


Missouri Pornography and Related Offenses FAQ's

  • Child Used in Sexual Performance

    A person commits the offense of use of a child in a sexual performance if, knowing the character and content thereof, the person employs, authorizes, or induces a child less than eighteen years of age to engage in a performance which includes sexual conduct or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in such sexual performance.


    The offense of use of a child in a sexual performance is a class C felony, unless in the course thereof the person inflicts serious emotional injury on the child, in which case the offense is a class B felony.


  • Coercing Acceptance of Obscene Material

    A person commits the offense of coercing acceptance of obscene material if such person knowingly: (1) Requires acceptance of obscene material as a condition to any sale, allocation, consignment or delivery of any other material; or (2) Denies any franchise or imposes any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept any material obscene or pornographic for minors.


    The offense of coercing acceptance of obscene material is a class E felony.

  • Failure to Report Child Pornography

    A person commits the offense of failure to report child pornography if he or she being a film and photographic print processor, computer provider, installer or repair person, or any internet service provider who has knowledge of or observes, within the scope of the person’s professional capacity or employment, any film, photograph, videotape, negative, slide, or computer-generated image or picture depicting a child under eighteen years of age engaged in an act of sexual conduct fails to report such instance to any law enforcement agency immediately or as soon as practically possible.


    The offense of failure to report child pornography is a class B misdemeanor.

  • Furnishing Pornographic Materials to Minors

    A person commits the offense of furnishing pornographic material to minors if, knowing of its content and character, he or she: (1) Furnishes any material pornographic for minors, knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such person is a minor; or (2) Produces, presents, directs or participates in any performance pornographic for minors that is furnished to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance; or (3) Furnishes, produces, presents, directs, participates in any performance or otherwise makes available material that is pornographic for minors via computer, electronic transfer, internet or computer network if the person made the matter available to a specific individual known by the defendant to be a minor.


    The offense of furnishing pornographic material to minors or attempting to furnish pornographic material to minors is a class A misdemeanor unless the person has been found guilty of an offense committed at a different time pursuant to this chapter, chapter 566 or chapter 568, in which case it is a class E felony.


    The offense of furnishing pornographic material to minors or attempting to furnish pornographic material to minors is a class A misdemeanor unless the person has been found guilty of an offense committed at a different time pursuant to this chapter, chapter 566 or chapter 568, in which case it is a class E felony.

  • Possession of Child Pornography

    A person commits the offense of possession of child pornography if such person knowingly or recklessly possesses any child pornography of a minor less than eighteen years of age or obscene material portraying what appears to be a minor less than eighteen years of age.


    The offense of possession of child pornography is a class D felony if the person possesses one still image of child pornography or one obscene still image. The offense of possession of child pornography is a class B felony if the person: (1) Possesses: (a) More than twenty still images of child pornography; or (b) More than twenty obscene still images; or (c) Child pornography comprised of one motion picture, film, videotape, videotape production, or other moving image; or (d) Obscene material comprised of one motion picture, film, videotape production, or other moving image; or (2) Has previously been found guilty of an offense under this section.


    A person who has committed the offense of possession of child pornography is subject to separate punishments for each item of child pornography or obscene material possessed by the person.

  • Promoting Child Pornography, First Degree

    A person commits the offense of promoting child pornography in the first degree if, knowing of its content and character, such person possesses with the intent to promote or promotes child pornography of a child less than fourteen years of age or obscene material portraying what appears to be a child less than fourteen years of age.


    The offense of promoting child pornography in the first degree is a class B felony unless the person knowingly promotes such material to a minor, in which case it is a class A felony. No person who is found guilty of promoting child pornography in the first degree shall be eligible for probation, parole, or conditional release for a period of three calendar years.

  • Promoting Child Pornography, Second Degree

    A person commits the offense of promoting child pornography in the second degree if, knowing of its content and character, such person possesses with the intent to promote or promotes child pornography of a minor under the age of eighteen or obscene material portraying what appears to be a minor under the age of eighteen.


    The offense of promoting child pornography in the second degree is a class D felony unless the person knowingly promotes such material to a minor, in which case it is a class B felony. No person who is found guilty of promoting child pornography in the second degree shall be eligible for probation.

  • Promoting Obscenity, First Degree

    A person commits the offense of promoting obscenity in the first degree if, knowing of its content and character, such person: (1) Wholesale promotes or possesses with the purpose to wholesale promote any obscene material; or (2) Wholesale promotes for minors or possesses with the purpose to wholesale promote for minors any material pornographic for minors; or (3) Promotes, wholesale promotes or possesses with the purpose to wholesale promote for minors material that is pornographic for minors via computer, internet or computer network if the person made the matter available to a specific individual known by the defendant to be a minor.


    The offense of promoting obscenity in the first degree is a class E felony.

  • Promoting Obscenity, Second Degree

    A person commits the offense of promoting pornography for minors or obscenity in the second degree if, knowing of its content and character, he or she: (1) Promotes or possesses with the purpose to promote any obscene material for pecuniary gain; or (2) Produces, presents, directs or participates in any obscene performance for pecuniary gain; or (3) Promotes or possesses with the purpose to promote any material pornographic for minors for pecuniary gain; or (4) Produces, presents, directs or participates in any performance pornographic for minors for pecuniary gain; or (5) Promotes, possesses with the purpose to promote, produces, presents, directs or participates in any performance that is pornographic for minors via computer, electronic transfer, internet or computer network if the person made the matter available to a specific individual known by the defendant to be a minor.


    The offense of promoting pornography for minors or obscenity in the second degree is a class A misdemeanor unless the person has been found guilty of an offense pursuant to this section committed at a different time, in which case it is a class E felony.

  • Promoting Sexual Performance by a Child

    A person commits the offense of promoting a sexual performance by a child if, knowing the character and content thereof, the person promotes a performance which includes sexual conduct by a child less than eighteen years of age or produces, or directs any performance which includes sexual conduct by a child less than eighteen years of age.


    The offense of promoting a sexual performance by a child is a class C felony.

  • Public Display of Explicit Sexual Material

    A person commits the offense of public display of explicit sexual material if he or she recklessly: (1) Exposes, places, exhibits, or in any fashion, displays explicit sexual material in any location, whether public or private, and in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision as viewed from a street, highway, public sidewalk, or the property of others, or from any portion of the person’s store, the exhibitor’s store or property when items and material other than this material are offered for sale or rent to the public; or (2) Fails to take prompt action to remove such a display from property in his or her possession after learning of its existence.


    The offense of public display of explicit sexual material is a class A misdemeanor unless the person has been found guilty of an offense under this section committed at a different time, in which case it is a class E felony.

  • Sexual Exploitation of a Minor

    A person commits the offense of sexual exploitation of a minor if such person knowingly or recklessly photographs, films, videotapes, produces or otherwise creates obscene material with a minor or child pornography.


    The offense of sexual exploitation of a minor is a class B felony unless the minor is a child, in which case it is a class A felony.

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If you have been, or think you may be charged with any of the offenses listed above in Jefferson County, St. Francois County, St. Louis County, Ste. Genevieve County, Washington County or Franklin County Missouri, including the cities of Arnold, Barnhart, Bloomsdale, Byrnes Mill, Cedar Hill, Crystal City, Desloge, DeSoto, Dittmer, Eureka, Farmington, Festus, Fredericktown, French Village, Herculaneum, High Ridge, Hillsboro, Horine, House Springs, Imperial, Mapaville, Mine La Motte, Mineral Point, Morse Mill, Olympian Village, Park Hills, Perryville, Pevely, Potosi, Ste. Genevieve, or Valles Mines exercise your right to remain silent and your right to speak to an attorney immediately and contact the Lednick Law Firm to get a former Jefferson County Assistant Prosecuting Attorney on your side. Contact us today at (636) 638-2150 for a free consultation.

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