Missouri Revised Statutes
Chapter 573 - Pornography and Related Offenses
Section 573.038 - Property or material constituting child pornography to remain in custody of the state — availability of, when.

Effective - 30 Jun 2008
573.038. Property or material constituting child pornography to remain in custody of the state — availability of, when. — 1. In any criminal proceeding, any property or material that constitutes child pornography shall remain in the care, custody, and control of either the state or the court.
2. (1) Notwithstanding Missouri rule of criminal procedure 25.03 or any other rule or statute to the contrary, a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography, so long as the state makes the property or material reasonably available to the defendant.
(2) For the purposes of subdivision (1) of this subsection, property or material shall be deemed to be reasonably available to the defendant if the state provides ample opportunity for inspection, viewing, and examination at a state or other governmental facility of the property or material by the defendant, his or her attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.
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(L. 2008 S.B. 714, et al.)
Effective 6-30-08

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Structure Missouri Revised Statutes

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 573.038 - Property or material constituting child pornography to remain in custody of the state — availability of, when.

Section 573.040 - Furnishing pornographic materials to minors — penalty.

Section 573.050 - Evidence in obscenity and child pornography cases.

Section 573.052 - Child pornography, attorney general authorized to investigate, when — violator immune from civil liability, when.

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 573.080 - Preemption and standardization — cities, towns, and certain counties may regulate, limitations.

Section 573.090 - Video cassettes, morbid violence, to be kept in separate area — sale or rental to persons under seventeen prohibited, penalties.

Section 573.100 - Telephones, obscene or indecent commercial messages, direct or electronic recording, penalties, exceptions.

Section 573.110 - Nonconsensual dissemination of private sexual images, offense of — definitions — elements — exemptions — immunity from liability, when — penalty — private cause of action, when.

Section 573.112 - Threatening the nonconsensual dissemination of private sexual images, offense of — elements — penalty.

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.

Section 573.505 - Sales tax authorized, vote required — ballot — disposition of revenue — termination — city and county background check tax trust fund created, refunds — duties of director of revenue.

Section 573.507 - Minimum age limit — security personnel — random drug testing — space limitation — prohibition of public displays.

Section 573.509 - Adult cabaret, persons less than nineteen years of age prohibited from dancing, penalty.

Section 573.525 - Purpose — findings.

Section 573.531 - Establishment of business, prohibited where — nudity in establishment prohibited — display of sexual activities, requirements — state requirements — hours of operation — minors and alcohol prohibited — definitions.

Section 573.534 - Strict liability not imposed — mental state required for violation — act by employee not imputed to the business, when.

Section 573.537 - Violations, penalty — public nuisance for repeated violations — state remedies permitted.

Section 573.540 - No state preemption on regulation — consistency with state law required for local law.

Section 573.550 - Providing explicit sexual material to a student, offense of — penalty — definitions.