Effective - 01 Jan 2017, 2 histories
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.
--------
(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.
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 573 - Pornography and Related Offenses
Section 573.010 - Definitions.
Section 573.020 - Promoting obscenity in the first degree — penalty.
Section 573.023 - Sexual exploitation of a minor — penalties.
Section 573.024 - Enabling sexual exploitation of a minor, offense of — penalty.
Section 573.025 - Promoting child pornography in the first degree — penalties.
Section 573.030 - Promoting obscenity in the second degree — penalties.
Section 573.035 - Promoting child pornography in the second degree — penalties.
Section 573.037 - Possession of child pornography — penalty.
Section 573.040 - Furnishing pornographic materials to minors — penalty.
Section 573.050 - Evidence in obscenity and child pornography cases.
Section 573.060 - Public display of explicit sexual material — penalties.
Section 573.065 - Coercing acceptance of obscene material — penalty.
Section 573.070 - Injunctions and declaratory judgments.
Section 573.200 - Child used in sexual performance — penalties.
Section 573.205 - Promoting sexual performance by a child — penalties.
Section 573.206 - Patronizing a sexual performance of a child, offense of — penalty.
Section 573.215 - Failure to report child pornography — penalty.
Section 573.503 - Local government may require background checks.