Does Sexting Qualify as Child Pornography in Missouri?
Missouri law does not make any distinction for who created the content itself. With the advent of smartphones and social media, it’s not uncommon for minors to unknowingly create and distribute child pornography by taking photos of themselves and sending them to others. This is commonly referred to as sexting. Many states have enacted specific legislation to deal with these types of cases, but Missouri is not one of them.
If you believe that the content involved in your charges doesn’t meet the legal requirements to be defined as child pornography, talk to a defense attorney as soon as possible. They can review your case and determine if this is a possible defense strategy that may be helpful.
What Are the Potential Charges?
It’s a common misconception that the only criminal charge possible regarding child pornography is possession. However, child pornography crimes are varied, and it’s possible to be charged with different or even multiple offenses depending on the circumstances. Below is a more detailed look at the different child pornography charges and how they are differentiated.
What Charges Could You Face for Child Pornography in Missouri?
A defendant can be charged with possession of child pornography under Missouri law if they “knowingly or recklessly” possess pornography involving anyone under the age of 18 or who appears to be under the age of 18. The degree of the charge depends on how many pieces of content the person possesses and whether they are still images or videos. If it is only one still image, the charge is a Class D felony. If there are more than 20 still images or at least one video, it’s a Class B felony. A charge can also be upgraded if the defendant has previous similar convictions on their record. It’s also important to note that each image or video is charged separately, which can mean a longer, harsher sentence if convicted.
Promoting Child Pornography
Promoting child pornography charges refer to situations where someone attempts to distribute or otherwise publish child pornography. The Missouri statute specifically states that this charge applies if someone in the content is under the age of 14 or appears under the age of 14. Promotion of child pornography is a Class B felony. However, this can be upgraded to a Class A felony if the defendant knowingly promotes the content to someone under the age of 18.
Enabling Sexual Exploitation of a Minor
The charge of enabling sexual exploitation of a minor is generally involved in cases where the defendant is accused of producing child pornography. For example, if someone allows the use of their business for someone to film sexually explicit conduct involving a minor, they could be charged with enabling sexual exploitation of a child. If it’s the defendant’s first offense, it is generally charged as a Class E felony. If there is already a previous conviction, it can result in a Class C felony charge.
Sexual Exploitation of a Minor
Someone can be charged with sexual exploitation of a minor if they “knowingly or recklessly” produce or create obscene material involving a minor. This includes photographing, videotaping, or otherwise creating content, with or without the minor’s knowledge. This charge is usually a Class B felony. However, there are aggravating factors that can involve the charge being upgraded to a Class A felony.
What Are the Consequences of Child Pornography Charges?
Child pornography charges are some of the most serious offenses you can be charged with under the law. If you are charged with a Class A or Class B felony, you could face the same potential consequences as someone who is accused of murder, kidnapping, arson, or robbery. Class A felonies even include the possibility of life in prison. If you have been accused of these crimes, you need an attorney now.
Prison Time
Someone who is convicted of child pornography charges is extremely likely to serve time in prison. A full 98.7 percent of those convicted are sentenced to prison, with an average sentence of more than 9 years. Those who were convicted of trafficking child pornography were sentenced to an average of 145 months, which is more than 12 years. Many of these charges also have mandatory minimum sentences, which means that you must be sentenced to and serve a specific number of months in prison before you are eligible for parole or released. Whether this time is served in a state or federal prison depends on where the charges were prosecuted and the extent of the convictions.
Fines
The potential fine for a felony in Missouri is up to $10,000. This applies to felony classes C through E because fines aren’t used for Class A and Class B cases. If you do not pay this fine, you could face additional repercussions, including having your driver’s license suspended, having your wages or tax returns garnished, and having a lien placed on your home.
Mandatory Sex Offender Registration
Those who are convicted of a child pornography offense are required to be on the sex offender registry in Missouri. A conviction related to child pornography generally labels someone as a Tier II sex offender. Tier II offenders must register in person with the county sheriff’s office where they live twice a year. This involves providing updated contact information, and the deputy will also take an updated physical description.
This database is open to the public, which means that anyone can look up who is on the registry. Accessible information includes known aliases, birthdate, address, tier level, photo, what vehicles the person drives, identifying marks like scars and tattoos, and the nature of their offenses.
Societal and Community Repercussions
Child pornography cases are often high profile. News stations and outlets often cover these cases, releasing names, ages, and other information on those charged. Even after someone has served their sentence, there can be significant community backlash. It can be difficult for those convicted of these offenses to develop relationships with neighbors, participate in community activities, and even attend church.
What Are the Options for Defense?
Unless your attorney is able to get the charges dropped entirely, there are two main defense options.
Negotiating a Plea Bargain
It is possible in some cases to use a plea bargain to either lower the charges or attempt to reduce the potential penalties. While some child pornography charges carry mandatory minimums, which means a judge cannot sentence a defendant to less than that term, many have a fairly big range between the minimum and maximum sentencing guidelines. An attorney can help you use this to try to get a shorter sentence.
Around 55 percent of those convicted of child pornography charges received a downward variance in their sentence, with an average reduction in the prison term of 40 percent. This is likely due to having an experienced defense attorney who knows how to handle these types of charges and how to convince the courts that a lesser sentence is warranted.
Taking the Case to Trial
If it’s not possible to negotiate a plea bargain, or you’re not willing to accept one, the other option is to proceed with a criminal trial. The prosecution will present the evidence against you, which often includes expert testimony in regard to computer forensics and other disciplines. Your defense attorney will also have the opportunity to present evidence and witnesses. When both sides have concluded their arguments, the defendant is either convicted or acquitted by a jury of 12.
Under Investigation for Child Pornography? Protect Yourself with Legal Help
If you’ve been arrested for criminal charges related to child pornography or you believe that you are under investigation, it’s important to be aware of your rights and what steps you can take to protect yourself.
Don’t Speak to Police
You have the right to remain silent and refuse to answer questions from police whether you are just being interviewed or whether you’ve already been formally charged. You do not have to answer any questions or provide any information other than your name if you have been arrested, and you should decline to answer any questions until an attorney is present.
It’s also important not to discuss the details of your case or provide any information to someone else, such as over the phone or through social media with friends. Phone calls made while you’re in custody can be recorded and used against you.
Do Not Try to Destroy Any Evidence
It’s tempting to want to try to wipe a phone or computer or otherwise try to destroy or conceal potential evidence. However, this is likely to only make your situation worse. It’s against the law, which can result in additional charges, and in many cases, this evidence is still able to be recovered even after being deleted by the police’s forensic team.
Protect Your Rights and Future – Contact a Kansas City Child Pornography Lawyer Today
When you’ve been charged with a child pornography offense, you need an attorney who has experience with these types of situations and the specific evidence and strategies used by the prosecution. An attorney who is familiar with these charges can determine whether there are any grounds to have the charges dismissed and what strategy is the right one for your defense. They can also start working on your behalf immediately after you hire them to ensure that your rights and interests are protected.
It’s important to always be 100 percent honest and open with your attorney. Anything you say is protected by attorney-client privilege, and the more information your attorney has, the better prepared they are to work for your defense.
Protect your freedom and future and fight back against allegations related to child pornography when you call Missouri DWI & Criminal Law Center at (816) 323-3460.
“This firm is very patient, courteous and professional.”“I am very satisfied with services rendered and would recommend to anyone with moving violations.”- Christopher W.
