What Is Sexual Exploitation of a Minor in Missouri?
Sex CrimesMissouri criminal law prohibits people from creating child pornography or sexually explicit materials featuring minors. Although other laws prohibit the possession and distribution of child pornography, individuals who produce child pornography may also face criminal liability under charges of sexual exploitation of a minor.
Understanding Sexual Exploitation of a Minor Under Missouri Law
Under Missouri law, a person commits the crime of sexual exploitation of a minor when they knowingly or recklessly photograph, film, videotape, or otherwise create obscene material depicting a minor or child pornography. Sexual exploitation of a minor constitutes a class B felony unless the minor involved in the materials has not yet reached the age of majority, in which case the offense becomes a class A felony.
Penalties for Sexual Exploitation of a Minor
A defendant convicted of sexual exploitation of a minor will face significant prison time. As a class B felony, sexual exploitation of a minor carries a penalty of five to 15 years in prison. When the crime becomes a class A felony, a defendant may face a sentence of ten to 30 years in prison. Furthermore, defendants must serve a minimum term in prison before becoming eligible for parole if they have prior convictions, with the minimum term dependent on the number of prior offenses.
Courts will consider various factors when determining the length of a convicted defendant’s sentence, including:
- The nature and severity of the offense
- The effects of the crime on the victim(s)
- The defendant’s criminal history and whether the defendant has a history of escalating criminal conduct
- The defendant’s acceptance of responsibility
- The defendant’s need for rehabilitation
- The need to protect the public from future criminal behavior by the defendant
After completing a prison term, a defendant convicted of sexual exploitation of a minor must also register as a sex offender, which requires regular reporting and updating of personal information with law enforcement officials.
Defenses to Sexual Exploitation Charges
After getting charged with sexual exploitation of a minor, a defendant may pursue various defense strategies to contest the charges and pursue a dismissal, acquittal, or another favorable outcome to the case, including:
- Reasonable, good-faith belief that the victim was an adult
- The minor was over the age of consent (which can reduce the grading of the offense)
- Lack of intent to photograph or film the minor
- The materials do not qualify as obscene or child pornography
- The prosecution obtained evidence through a search that lacked probable cause
- Law enforcement obtained inculpatory statements or admissions from the defendant after failing to advise them of their rights or coercing them to make statements
Contact a Sex Crimes Defense Attorney Today
If you face charges of sexual exploitation of a minor, you need an experienced sex crimes defense attorney to protect your rights, reputation, and future. Contact Richard H. Sindel, Inc. today for a free, confidential consultation with our knowledgeable legal team to discuss how our firm can help you pursue a favorable resolution to your charges so you can move forward with your life.