St. Louis Child Pornography Defense Attorney

Both intentional and unintentional possession of child pornography is punishable under Missouri state law as a Class C felony. The offense is punishable by up to 7 years in prison unless the minor depicted in the material was under the age of 14, or the defendant possessed more than 200 images, in which case the crime would be considered a Class B felony.

Registration as a Sex Offender

Conviction of a sex crime involving a child comes with additional ramifications that may follow the individual for the rest of his or her life. The state of Missouri requires all individuals who are convicted of the sexual exploitation of a minor to enroll with the state's sex offender registry. The registry is a public list intended to inform the public of possible sexual predators in the community. As such, anyone facing these allegations should be intent on working with a skilled attorney capable of protecting their future.

Defenses Against Child Pornography Charges

Common defenses may include:

• Lack of Knowledge or Intent: One possible defense is to establish that the accused did not knowingly possess or view the illicit material. Many people unwittingly download or view content without knowing its explicit nature. In some cases, files can be automatically saved or downloaded from spam emails, websites, or pop-up ads. Showing that the accused did not have knowledge of the material or the intent to possess it can sometimes reduce or dismiss the charges.
• Mistaken Identity or Third-Party Access: In today's digital world, computers, and devices are often shared among multiple users or are vulnerable to hacking or unauthorized access. If someone else used the device in question or if an unknown third party accessed it, it might be possible to show that the defendant was not responsible for the presence of the illegal material. We may be able to demonstrate that someone else downloaded or viewed the content, which could result in the case being dropped or charges reduced.
• Illegal Search and Seizure: Digital evidence is often obtained through searches of computers, phones, and other devices. Law enforcement must have a valid search warrant to collect such evidence legally and follow proper protocols during the search and seizure process. If law enforcement fails to obtain a warrant, exceeds the warrant's scope, or conducts an unreasonable search, the evidence gathered might be suppressed. Without this evidence, the prosecution's case may be significantly weakened.
• Misinterpretation of Digital Files: Digital files can sometimes be misidentified, and what might appear to be illegal material may not fit the legal definitions necessary for a conviction. For instance, images involving consenting adults who appear younger than their age can sometimes be confused with illegal material. Further, some files or thumbnails might appear as child pornography but could have been unintentionally saved or only partially downloaded. A thorough forensic examination of the device can sometimes reveal that the content in question does not meet the necessary criteria for conviction.
• Entrapment: Entrapment occurs when law enforcement officers or other government agents coerce or encourage someone to commit a crime they otherwise would not have committed. Entrapment defenses may be valid when undercover agents force the defendant into illegal activity. Demonstrating that the defendant was led into committing an offense by law enforcement without prior intent can serve as a viable defense.
• Challenging Forensic Evidence: Digital forensic evidence is often the cornerstone of a child pornography case, but it is not infallible. Errors in the collection, analysis, or preservation of digital evidence can compromise the validity of the findings. We can work with forensic experts to examine the integrity of the evidence, look for technical issues, or identify flaws in the investigation process that cast doubt on the reliability of the evidence presented.

Contact Our Child Pornography Attorney in St. Louis Today

At The Hammer Law Firm, LLC, our criminal lawyers are equipped with the skills required to present a solid defense on behalf of clients facing sex crimes charges. We are passionate about defending the rights and interests of our clients regardless of the charges they are facing and we want to do the same for you. 

Contact our St. Louis child pornography lawyers today at (314) 334-3807.