Missouri Laws 573.035 – Promoting child pornography in the second degree — penalties
1. A person commits the offense of promoting child pornography in the second degree if, knowing of its content and character, such person possesses with the intent to promote or promotes child pornography of a minor under the age of eighteen or obscene material portraying what appears to be a minor under the age of eighteen.
2. The offense of promoting child pornography in the second degree is a class D felony unless the person knowingly promotes such material to a minor, in which case it is a class B felony. No person who is found guilty of promoting child pornography in the second degree shall be eligible for probation.
Attorney's Note
Under the Missouri Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | between 5 and 15 years | |
| Class D felony | up to 7 years | up to $10,000 |
Terms Used In Missouri Laws 573.035
- Child: any person under the age of fourteen. See Missouri Laws 573.010
- Material: anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or stored computer data, or anything which is or may be used as a means of communication. See Missouri Laws 573.010
- Minor: any person less than eighteen years of age. See Missouri Laws 573.010
- Obscene: any material or performance if, taken as a whole:
(a) Applying contemporary community standards, its predominant appeal is to prurient interest in sex. See Missouri Laws 573.010
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Promote: to manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same, by any means including a computer. See Missouri Laws 573.010