Effective 01 Jan 2017, see footnote
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:
(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.
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(L. 1987 H.B. 113, et al., A.L. 2000 S.B. 757 & 602, A.L. 2004 H.B. 1055, A.L. 2008 S.B. 714, et al., A.L. 2009 H.B. 62, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491)
Effective 1-01-17
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