Missouri Laws 573.037 – Possession of child pornography — penalty
1. A person commits the offense of possession of child pornography if such person knowingly or recklessly possesses any child pornography of a minor less than eighteen years of age or obscene material portraying what appears to be a minor less than eighteen years of age.
2. The offense of possession of child pornography is a class D felony if the person possesses one still image of child pornography or one obscene still image. The offense of possession of child pornography is a class B felony if the person:
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 573.037
- 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
(1) Possesses:
(a) More than twenty still images of child pornography; or
(b) More than twenty obscene still images; or
(c) Child pornography comprised of one motion picture, film, videotape, videotape production, or other moving image; or
(d) Obscene material comprised of one motion picture, film, videotape production, or other moving image; or
(2) Has previously been found guilty of an offense under this section.
3. A person who has committed the offense of possession of child pornography is subject to separate punishments for each item of child pornography or obscene material possessed by the person.