Effective - 01 Jan 2017, 2 histories
573.090. Video cassettes, morbid violence, to be kept in separate area — sale or rental to persons under seventeen prohibited, penalties. — 1. Video cassettes or other video reproduction devices, or the jackets, cases or coverings of such video reproduction devices shall be displayed or maintained in a separate area if the same are pornographic for minors as defined in section 573.010, or if:
(1) Taken as a whole and applying contemporary community standards, the average person would find that it has a tendency to cater or appeal to morbid interest in violence for persons less than seventeen years of age; and
(2) It depicts violence in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for persons less than seventeen years of age; and
(3) Taken as a whole, it lacks serious literary, artistic, political, or scientific value for persons less than seventeen years of age.
2. Any video cassettes or other video reproduction devices meeting the description in subsection 1 of this section shall not be rented or sold to a person less than seventeen years of age.
3. Violation of the provisions of subsection 1 or 2 of this section shall be punishable as an infraction, unless such violation constitutes furnishing pornographic materials to minors as defined in section 573.040, in which case it shall be punishable as a class A misdemeanor or class E felony as prescribed in section 573.040, or unless such violation constitutes promoting obscenity in the second degree as defined in section 573.030, in which case it shall be punishable as a class A misdemeanor or class E felony as prescribed in section 573.030.
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(L. 1989 H.B. 225 § 1, A.L. 2014 S.B. 491)
Effective 1-01-17
(1992) Where statute attempted to regulate expression was not drafted with precision and clarity and did not contain definitions of prohibited conduct so that people of common intelligence might guess at the meaning of the statute, statute is unconstitutionally vague. Video Software Dealers Assn. v. Webster, 773 F.Supp. 1275 (W.D. Mo.).
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.