Federal and State Child Pornography Charges – Possession of Child Pornography

Possession of child pornography is a serious crime under both Missouri law and federal law. If you were arrested for having child pornography, both the state and the federal government can prosecute you, and you can be convicted and sentenced under both sets of law.

Under federal sentencing guidelines, child pornography charges carry a sentence of up to 20 years in prison, depending on the age of the child and prior convictions. Missouri can send you to prison for up to 15 years on the same charges.

Richard H. Sindel is a criminal defense law firm based in St. Louis, Missouri. We have defended people against state and federal criminal charges for over 85 years. We are proud of our record of helping people stand up for their rights and win justice when falsely accused. If you’ve been charged with possession of child pornography under state or federal law, contact Richard H. Sindel today.

Definition of Child Pornography

It is illegal under both Missouri and federal law to possess, receive, or distribute child pornography, but what is the definition of child pornography? The Citizen’s Guide to U.S. Federal Law On Child Pornography defines it as any sexually explicit visual depiction of a person under 18 years old.

Child pornography can include:

• Photos
• Video clips
• Film
• Undeveloped photographs
• Digital images
• Realistic but computer-generated images

The Citizen’s Guide to U.S. Federal Law on Child Pornography notes that the state age of consent is not relevant to federal child porn charges. If the person depicted in an image is under 18, then the images can be considered child pornography under federal law, even in states where the age of consent is 16.

It also doesn’t matter if the images do not depict actual sexual contact. If an image appears sexually suggestive, it can be considered child porn under federal law.

Missouri law defines child pornography as any pornographic depiction of a minor under 18 years old or any obscene material that seems to show a minor below age 18.

Missouri Child Pornography Charges

Under Missouri law, possession of child pornography is charged as a Class B felony if:

• The accused was found in possession of 20 or more still images
• The accused had one child pornography film or video
• The accused has a prior conviction on the same offense

Possession of child pornography is a Class D felony if you have only one still image. However, you can be charged separately for each item of child pornography in your possession. If you were found with 10 images of child pornography, you cannot be charged with a Class B felony, but you can be charged with 10 separate Class D felonies.

Federal Child Pornography Charges

Possession of child pornography is a crime under Section 2252, Subsection (a)(4) of Title 18 of the United States Code. This statute makes it a federal crime to possess any sexually explicit visual depiction of a minor that was shipped, transported, or made with materials that were shipped or transported across state or federal borders. This includes any child pornography stored on a computer, as well as:

• Books
• Magazines
• Videotapes
• Films
• Any other form of media

Technically, the federal government can only charge you with child pornography if interstate or international commerce is involved in the production or transportation of the images. In practice, this would always be the case. Even if an image was produced locally and distributed locally, the devices used to create or store the images would have been transported across state or international borders.

Missouri Penalties for Child Pornography

Missouri penalties for possession of child pornography include:

• Five to 15 years in prison for a Class B felony conviction
• Up to seven years in prison for a Class D felony conviction

Because you can face separate charges for each item of child pornography found in your possession, even a Class D possession charge can result in a substantial prison term.

Federal Penalties for Child Pornography

Federal penalties for possession of child pornography include:

• Zero to 10 years imprisonment if the victims are over 12 years old and you have no prior convictions
• Up to 20 years in prison if the victims are under 12 years old and you have no prior convictions
• Between 10 and 20 years in prison if you have a prior sex crime conviction

Penalties are much higher for child pornography offenses other than possession. For instance, receipt of child pornography, which is based on almost identical behavior to possession of child pornography, can be punished with up to 40 years in prison if you have a prior conviction. The minimum punishment for receipt of child pornography is five years in prison.

Defenses Against Child Pornography Charges

As shocking as it is to be charged with possession of child pornography, that doesn’t mean there is no way to defend against the charge. Your criminal defense lawyer will help you select an appropriate strategy based on the facts of your case, but possible defenses against child pornography charges include:

• You were using a shared computer, and someone else downloaded child pornography without your awareness or consent
• You entered the URL for a child porn website accidentally and left the site as soon as you realized it displayed illegal material
• The people portrayed in the images were above the age of 18, so the material was not child pornography
• The images in question were not pornographic
• Law enforcement illegally searched your property, and the court should suppress any evidence they found

Federal law does provide some leeway if you immediately hand over any images in your possession. If you possessed fewer than three items of child pornography and you destroyed them or handed them over to law enforcement immediately, then this behavior can be used as an affirmative defense against child pornography charges under federal law.

If there is no realistic possibility of an acquittal or a dismissal, your attorney will negotiate with prosecutors to try to reduce the charges against you or get you the lowest penalty possible under the circumstances of your case.

Contact a St. Louis, Missouri, Sex Crimes Lawyer Immediately

Whether you face charges under Missouri law, federal law, or both, a child pornography possession charge is a serious matter. You could face large fines and a lengthy prison sentence and will likely face intense public condemnation if convicted. Your best response to these charges is to do everything in your power to defend yourself. An experienced criminal defense lawyer can help.

Richard H. Sindel is a criminal defense law firm with extensive experience defending Missouri clients against child pornography charges. Flaws and legal errors are routine in sex crime cases, and we have the experience and legal knowledge to spot them and help you avoid conviction based on a legal error. Our investigations often uncover evidence that can be game-changing in cases of this type.

You can sit down and tell us about your case for free. If you hire us as your defense lawyers, we will apply our diligence, imagination, and determination to get you the best possible result. If you’ve been charged with possession of child pornography, don’t delay. Contact Richard H. Sindel today to get started.