Child pornography is a serious felony offense in both the State of Kansas and the State of Missouri. The laws relating to child pornography are complex in both states, making it extremely important that you have an experienced criminal defense attorney on your side if you have been charged with a violation of those laws.
In the State of Kansas, child pornography is officially referred to as “sexual exploitation of a child” and is generally charged as a severity level 5, person felony; however, it can be a more serious “off-grid” person felony under certain circumstances if the victim was under the age of 14 and the offender over the age of 18. The potential punishment, if convicted of sexual exploitation of a child, will depend on your criminal history, or lack thereof. According to the Kansas sentencing grid, however, a severity level 5, person felony starts at a presumptive sentence of 32 months for a defendant with no criminal history with the presumptive sentence increasing for a defendant with a criminal history.
In the State of Missouri, you could be charged with either “promoting child pornography” or “possession of child pornography” with the former being the more serious of the two offenses. Promoting child pornography in Missouri can be charged in the first degree if the alleged victim was under the age of 14 or in the second degree with an alleged victim over the age of 14 but under the age of 18. As a first degree felony, promoting child pornography is a class A or B felony while the second degree is charged as a class B or C felony. Possession of child pornography is charged as a class B or C felony in Missouri, with the type and quantity of illicit materials involved determining the severity of the offense.
Being accused of an offense related to child pornography is a serious accusation that requires an immediate and zealous defense if you hope to avoid a conviction or minimize the penalty you face for a conviction. Contact an experienced Kansas or Missouri criminal defense attorney immediately to get started on your defense.