Section 573.030

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 573

Effective - 01 Jan 2017, 2 histories, see footnote   

  573.030.  Promoting obscenity in the second degree — penalties. — 1.  A person commits the offense of promoting pornography for minors or obscenity in the second degree if, knowing of its content and character, he or she:

  (1)  Promotes or possesses with the purpose to promote any obscene material for pecuniary gain; or

  (2)  Produces, presents, directs or participates in any obscene performance for pecuniary gain; or

  (3)  Promotes or possesses with the purpose to promote any material pornographic for minors for pecuniary gain; or

  (4)  Produces, presents, directs or participates in any performance pornographic for minors for pecuniary gain; or

  (5)  Promotes, possesses with the purpose to promote, produces, presents, directs or participates in any performance that is pornographic for minors via computer, electronic transfer, internet or computer network if the person made the matter available to a specific individual known by the defendant to be a minor.

  2.  The offense of promoting pornography for minors or obscenity in the second degree is a class A misdemeanor unless the person has been found guilty of an offense pursuant to this section committed at a different time, in which case it is a class E felony.

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(L. 1977 S.B. 60, A.L. 1987 H.B. 113, et al., A.L. 2000 S.B. 757 & 602, A.L. 2009 H.B. 62, A.L. 2014 S.B. 491)

Effective 1-01-17

(1986) It may be inferred that a clerk in a convenience store "knows", for purpose of a criminal conviction under this section, of the obscene nature of a magazine's content if the cover is sexually explicit. State v. Triplett, 722 S.W.2d 633 (Mo.App.).

(1989) Obscenity is not within the area of constitutionally protected speech and statute is not impermissibly overbroad, ambiguous, or vague, and gives adequate prior notice of what constitutes prohibited conduct. (Mo. banc) State v. Simmer, 772 S.W.2d 372.