reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.030 - Promoting obscenity in the second degree — penalties.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 01 Jan 2017, 2 histories, see footnote
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.
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(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.
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.035 - Promoting child pornography in the second degree — penalties.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 01 Jan 2017, 3 histories, see footnote
573.035. Promoting child pornography in the second degree — penalties. —
1. A person commits the offense of promoting child pornography in the second degree if, knowing of its content and character, such person possesses with the intent to promote or promotes child pornography of a minor under the age of eighteen or obscene material portraying what appears to be a minor under the age of eighteen.
2. The offense of promoting child pornography in the second degree is a class D felony unless the person knowingly promotes such material to a minor, in which case it is a class B felony. No person who is found guilty of promoting child pornography in the second degree shall be eligible for probation.
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(L. 1985 H.B. 366, et al., A.L. 2000 S.B. 757 & 602, A.L. 2008 S.B. 714, et al., A.L. 2009 H.B. 62, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.037 - Possession of child pornography — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 01 Jan 2017, 5 histories, 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
(2023) Sufficient evidence exists to support a conviction for knowing possession of child pornography when evidence of such images are found in cache files on a defendant's computer and other corroborating evidence exists that defendant knowingly possessed child pornography. State v. Ingram, 662 S.W.3d 212 (Mo.App.E.D.).
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › 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.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
Effective - 30 Jun 2008, see footnote
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
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.040 - Furnishing pornographic materials to minors — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 01 Jan 2017, 4 histories, see footnote
573.040. Furnishing pornographic materials to minors — penalty. —
1. A person commits the offense of furnishing pornographic material to minors if, knowing of its content and character, he or she:
(1) Furnishes any material pornographic for minors, knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such person is a minor; or
(2) Produces, presents, directs or participates in any performance pornographic for minors that is furnished to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance; or
(3) Furnishes, produces, presents, directs, participates in any performance or otherwise makes available material 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. It is not a defense to a prosecution for a violation of this section that the person being furnished the pornographic material is a peace officer masquerading as a minor.
3. The offense of furnishing pornographic material to minors or attempting to furnish pornographic material to minors is a class A misdemeanor unless the person has been found guilty of an offense committed at a different time pursuant to this chapter, chapter 566 or chapter 568, in which case it is a class E felony.
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(L. 1977 S.B. 60, A.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. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.050 - Evidence in obscenity and child pornography cases.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 01 Jan 2017, 2 histories, see footnote
573.050. Evidence in obscenity and child pornography cases. —
1. In any prosecution under this chapter evidence shall be admissible to show:
(1) What the predominant appeal of the material or performance would be for ordinary adults or minors;
(2) The literary, artistic, political or scientific value of the material or performance;
(3) The degree of public acceptance in this state and in the local community;
(4) The appeal to prurient interest in advertising or other promotion of the material or performance;
(5) The purpose of the author, creator, promoter, furnisher or publisher of the material or performance.
2. Testimony of the author, creator, promoter, furnisher, publisher, or expert testimony, relating to factors entering into the determination of the issues of obscenity or child pornography, shall be admissible.
3. In any prosecution under this chapter, when it becomes necessary to determine whether a person was less than seventeen or eighteen years of age, the court or jury may make this determination by any of the following methods:
(1) Personal inspection of the child;
(2) Inspection of the photograph or motion picture that shows the child engaging in the sexual performance;
(3) Oral testimony by a witness to the sexual performance as to the age of the child based on the child's appearance at the time;
(4) Expert medical testimony based on the appearance of the child engaging in the sexual performance; or
(5) Any other method authorized by law or by the rules of evidence.
4. In any prosecution for promoting child pornography in the first or second degree, no showing is required that the performance or material involved appeals to prurient interest, that it lacks serious literary, artistic, political or scientific value, or that it is patently offensive to prevailing standards in the community as a whole.
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(L. 1977 S.B. 60, A.L. 1985 H.B. 366, et al., A.L. 1987 H.B. 113, et al., A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.052 - Child pornography, attorney general authorized to investigate, when — violator immune from civil liability, when.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 01 Jan 2017, 2 histories, see footnote
573.052. Child pornography, attorney general authorized to investigate, when — violator immune from civil liability, when. —
Upon receipt of any information that child pornography as defined in section 573.010 is contained on a website, the attorney general shall investigate such information. If the attorney general has probable cause to believe the website contains child pornography, the attorney general shall notify a website operator of any child pornography site residing on that website operator's server, in writing. If the website operator promptly, but in no event longer than five days after receiving notice, removes the alleged pornography from its server, and so long as the website operator is not the purveyor of such child pornography, it shall be immune from civil liability. If the website operator does not promptly remove the alleged pornography, the attorney general may seek an injunction pursuant to section 573.070 to remove the child pornography site from the website operator's server. This section shall not be construed to create any defense to any criminal charges brought pursuant to this chapter.
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(L. 2003 H.B. 228, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.060 - Public display of explicit sexual material — penalties.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 01 Jan 2017, 2 histories, see footnote
573.060. Public display of explicit sexual material — penalties. —
1. A person commits the offense of public display of explicit sexual material if he or she recklessly:
(1) Exposes, places, exhibits, or in any fashion, displays explicit sexual material in any location, whether public or private, and in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision as viewed from a street, highway, public sidewalk, or the property of others, or from any portion of the person's store, the exhibitor's store or property when items and material other than this material are offered for sale or rent to the public; or
(2) Fails to take prompt action to remove such a display from property in his or her possession after learning of its existence.
2. The offense of public display of explicit sexual material is a class A misdemeanor unless the person has been found guilty of an offense under this section committed at a different time, in which case it is a class E felony.
3. For purposes of this section, each day there is a violation of this section shall constitute a separate offense.
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(L. 1977 S.B. 60, A.L. 1987 H.B. 113, et al., A.L. 2009 H.B. 62, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.065 - Coercing acceptance of obscene material — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 01 Jan 2017, 2 histories, see footnote
573.065. Coercing acceptance of obscene material — penalty. —
1. A person commits the offense of coercing acceptance of obscene material if such person knowingly:
(1) Requires acceptance of obscene material as a condition to any sale, allocation, consignment or delivery of any other material; or
(2) Denies any franchise or imposes any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept any material obscene or pornographic for minors.
2. The offense of coercing acceptance of obscene material is a class E felony.
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(L. 1987 H.B. 113, et al., A.L. 2009 H.B. 62, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.070 - Injunctions and declaratory judgments.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 15 Jul 1987, see footnote
573.070. Injunctions and declaratory judgments. —
1. Whenever material or a performance is being or is about to be promoted, furnished or displayed in violation of this chapter, a civil action may be instituted in the circuit court by the prosecuting or circuit attorney or by the city attorney of any city, town or village against any person violating or about to violate those sections in order to obtain a declaration that the promotion, furnishing or display of such material or performance is prohibited. Such an action may also seek an injunction appropriately restraining promotion, furnishing or display of the material or performance.
2. Such an action may be brought only in the circuit court of the county in which any such person resides, or where the violation is taking place or about to take place.
3. Any promoter, furnisher or displayer of, or a person who is about to be a promoter, furnisher or displayer of, the material or performance involved may intervene as of right as a party defendant in the proceedings.
4. The trial court and the appellate court shall give expedited consideration to actions and appeals brought under this section. The defendant shall be entitled to a trial of the issues beginning within one week after joinder of issue and a decision shall be rendered by the court within two days of the conclusion of the trial. No restraining order or injunction of any kind shall be issued restraining the promotion, furnishing or display of any material or performance without a prior adversary hearing before the court.
5. A final declaration obtained pursuant to this section may be used to form the basis for an injunction and for no other purpose.
6. All laws regulating the procedure for obtaining declaratory judgments or injunctions which are inconsistent with the provisions of this section shall be inapplicable to proceedings brought pursuant to this section. There shall be no right to jury trial in any proceedings under this section.
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(L. 1977 S.B. 60, A.L. 1987 H.B. 113, et al.)
Effective 7-15-87
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.080 - Preemption and standardization — cities, towns, and certain counties may regulate, limitations.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
Effective - 28 Aug 1987
573.080. Preemption and standardization — cities, towns, and certain counties may regulate, limitations. —
The general assembly by enacting this chapter intends to preempt any other regulation of the area covered by section 573.020, to promote statewide control of pornography, and to standardize laws that governmental subdivisions may adopt in other areas covered by this chapter. No governmental subdivision may enact or enforce a law that makes any conduct in the area covered by section 573.020 subject to a criminal or civil penalty of any kind. Cities and towns and counties of the first class may enact and enforce laws prohibiting and penalizing conduct subject to criminal or civil sanctions under other provisions of this chapter.
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(L. 1977 S.B. 60, A.L. 1981 S.B. 365, A.L. 1987 H.B. 113, et al.)
Effective 7-15-87
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.090 - Video cassettes, morbid violence, to be kept in separate area — sale or rental to persons under seventeen prohibited, penalties.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 01 Jan 2017, 2 histories, see footnote
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.).
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.100 - Telephones, obscene or indecent commercial messages, direct or electronic recording, penalties, exceptions.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 01 Jan 2017, 2 histories, see footnote
573.100. Telephones, obscene or indecent commercial messages, direct or electronic recording, penalties, exceptions. —
1. As used in this section, the following terms mean:
(1)
"Indecent"
, language or material that depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs;
(2)
"Obscene"
, any comment, request, suggestion or proposal is obscene if:
(a) Applying contemporary community standards, its predominant appeal is to prurient interest in sex; and
(b) Taken as a whole with respect to the average person, applying contemporary community standards, it depicts or describes sexual conduct in a patently offensive way; and
(c) Taken as a whole, it lacks serious literary, artistic, political or scientific value. Obscenity shall be judged with reference to its impact upon ordinary adults.
2. A person commits the offense of obscene or indecent commercial messaging if he or she, by means of a telephone communication for commercial purposes, makes directly or by means of an electronic recording device, any comment, request, suggestion, or proposal which is obscene or indecent; or knowingly permits any telephone or telephone facility connected to a local exchange telephone under such person's control to be used for obscene or indecent commercial messaging. Any person who makes any such comment, request, suggestion, or proposal shall be in violation of the provisions of this section regardless of whether such person placed or initiated the telephone call.
3. The offense of obscene or indecent commercial messaging is a class A misdemeanor unless such person has been found guilty of the same offense committed at a different time, in which case the violation is a class E felony. For purposes of this subsection, each violation constitutes a separate offense.
4. The prohibitions and penalties contained herein are not applicable to a telecommunications company as defined in section 386.020 over whose facilities prohibited communications may be transmitted.
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(L. 1989 H.B. 225 § 2, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.112 - Threatening the nonconsensual dissemination of private sexual images, offense of — elements — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 01 Jun 2018, see footnote
573.112. Threatening the nonconsensual dissemination of private sexual images, offense of — elements — penalty. —
1. A person commits the offense of threatening the nonconsensual dissemination of private sexual images if he or she gains or attempts to gain anything of value, or coerces or attempts to coerce another person to act or refrain from acting, by threatening to disseminate an image of another person, which was obtained under circumstances in which a reasonable person would know or understand that the image was to remain private, against the will of such person:
(1) Who is at least eighteen years of age;
(2) Who is identifiable from the image itself or information displayed in connection with the image; and
(3) Who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part.
2. The offense of threatening the nonconsensual dissemination of private sexual images is a class E felony.
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(L. 2018 H.B. 1558)
Effective 6-01-18
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.200 - Child used in sexual performance — penalties.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 01 Jan 2017, see footnote
573.200. Child used in sexual performance — penalties. —
1. A person commits the offense of use of a child in a sexual performance if, knowing the character and content thereof, the person employs, authorizes, or induces a child less than eighteen years of age to engage in a performance which includes sexual conduct or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in such sexual performance.
2. The offense of use of a child in a sexual performance is a class C felony, unless in the course thereof the person inflicts serious emotional injury on the child, in which case the offense is a class B felony.
3. The court shall not grant a suspended imposition of sentence or a suspended execution of sentence to a person who has previously been found guilty of an offense under this section.
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(L. 1984 H.B. 1255, A.L. 2014 S.B. 491)
Transferred 2014; formerly 568.080; Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.205 - Promoting sexual performance by a child — penalties.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 01 Jan 2017, see footnote
573.205. Promoting sexual performance by a child — penalties. —
1. A person commits the offense of promoting a sexual performance by a child if, knowing the character and content thereof, the person promotes a performance which includes sexual conduct by a child less than eighteen years of age or produces, or directs any performance which includes sexual conduct by a child less than eighteen years of age.
2. The offense of promoting a sexual performance by a child is a class C felony.
3. The court shall not grant a suspended imposition of sentence or a suspended execution of sentence to a person who has previously been found guilty of an offense under this section.
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(L. 1984 H.B. 1255, A.L. 2014 S.B. 491)
Transferred 2014; formerly 568.090; Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.206 - Patronizing a sexual performance of a child, offense of — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
Effective - 28 Aug 2022
573.206. Patronizing a sexual performance of a child, offense of — penalty. —
1. A person commits the offense of patronizing a sexual performance by a child if such person obtains, solicits, or participates in a sexual performance by a child under eighteen years of age.
2. The offense of patronizing a sexual performance by a child is a class C felony.
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(L. 2022 S.B. 775, et al.)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.215 - Failure to report child pornography — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 01 Jan 2017, see footnote
573.215. Failure to report child pornography — penalty. —
1. A person commits the offense of failure to report child pornography if he or she being a film and photographic print processor, computer provider, installer or repair person, or any internet service provider who has knowledge of or observes, within the scope of the person's professional capacity or employment, any film, photograph, videotape, negative, slide, or computer-generated image or picture depicting a child under eighteen years of age engaged in an act of sexual conduct fails to report such instance to any law enforcement agency immediately or as soon as practically possible.
2. The offense of failure to report child pornography is a class B misdemeanor.
3. Nothing in this section shall be construed to require a provider of electronic communication services or remote computing services to monitor any user, subscriber or customer of the provider, or the content of any communication of any user, subscriber or customer of the provider.
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(L. 1984 H.B. 1255, A.L. 2000 S.B. 757 & 602, A.L. 2014 S.B. 491)
Transferred 2014; formerly 568.110; Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.503 - Local government may require background checks.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 02 Jul 1993, see footnote
573.503. Local government may require background checks. —
Notwithstanding any provision of law to the contrary, any city not within a county and any county may, by order or ordinance, require a background check be conducted on all employees of any adult cabaret to ascertain whether any such employees have been convicted of or have pled guilty to any misdemeanor or felony involving prostitution or aiding or abetting prostitution, drug possession or trafficking, money laundering, tax evasion, or illegal gambling activity.
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(L. 1993 S.B. 180 § 12)
Effective 7-02-93
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.507 - Minimum age limit — security personnel — random drug testing — space limitation — prohibition of public displays.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
Effective - 02 Jul 1993, see footnote
573.507. Minimum age limit — security personnel — random drug testing — space limitation — prohibition of public displays. —
1. Notwithstanding any provision of law to the contrary, any city not within a county and any county may establish a minimum age limit for admission into any adult cabaret within the city or county.
2. Notwithstanding any provision of law to the contrary, any city not within a county and any county may require security personnel to be present on the premises of any adult cabaret within the city or county.
3. Notwithstanding any provision of law to the contrary, any city not within a county and any county may require employers of any adult cabaret within the city or county to conduct random testing for the presence of illegal substances within the blood or urine of any or all employees of such adult cabaret.
4. Notwithstanding any provision of law to the contrary, any city not within a county and any county may prohibit within such city or county any live public nudity within ten feet of any person observing such nudity.
5. Notwithstanding any provision of law to the contrary, any city not within a county and any county may prohibit within such city or county the public display of sexual intercourse, deviate sexual intercourse or appearing in a state of nudity in any adult cabaret.
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(L. 1993 S.B. 180 § 14)
Effective 7-02-93
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.509 - Adult cabaret, persons less than nineteen years of age prohibited from dancing, penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 01 Jan 2017, 2 histories, see footnote
573.509. Adult cabaret, persons less than nineteen years of age prohibited from dancing, penalty. —
1. No person less than nineteen years of age shall dance in an adult cabaret, nor shall any proprietor of such establishment permit any person less than nineteen years of age to dance in an adult cabaret.
2. Violation of this section is a class A misdemeanor.
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(L. 2003 S.B. 298, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.525 - Purpose — findings.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 28 Aug 2010
573.525. Purpose — findings. —
1. It is the purpose of sections 573.525 to 573.537 to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of this state, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the state. The provisions of sections 573.525 to 573.537 have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of sections 573.525 to 573.537 to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of sections 573.525 to 573.537 to condone or legitimize the distribution of obscene material.
2. The general assembly finds that:
(1) Sexually oriented businesses, as a category of commercial enterprises, are associated with a wide variety of adverse secondary effects, including but not limited to personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation;
(2) Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area;
(3) Each of the foregoing negative secondary effects constitutes a harm which the state has a substantial interest in preventing or abating, or both. Such substantial government interest in preventing secondary effects, which is the state's rationale for sections 573.525 to 573.537, exists independent of any comparative analysis between sexually oriented and nonsexually oriented businesses. Additionally, the state's interest in regulating sexually oriented businesses extends to preventing future secondary effects of current or future sexually oriented businesses that may locate in the state.
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(L. 2010 S.B. 586 & 617)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.534 - Strict liability not imposed — mental state required for violation — act by employee not imputed to the business, when.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 28 Aug 2010
573.534. Strict liability not imposed — mental state required for violation — act by employee not imputed to the business, when. —
Sections 573.525 to 573.537 do not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a knowing or reckless mental state is necessary to establish a violation of sections 573.525 to 573.537. Notwithstanding any other provision of law to the contrary, for purposes of sections 573.525 to 573.537, an act by an employee shall be imputed to the sexually oriented business for purposes of finding a violation of sections 573.525 to 573.537 only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability is imputed was powerless to prevent the act.
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(L. 2010 S.B. 586 & 617)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.537 - Violations, penalty — public nuisance for repeated violations — state remedies permitted.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
• Effective - 28 Aug 2010
573.537. Violations, penalty — public nuisance for repeated violations — state remedies permitted. —
1. Any person, business, or entity violating or refusing to comply with any provision of sections 573.525 to 573.537 shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by imposition of a fine not to exceed five hundred dollars or by imprisonment for a period not to exceed ninety days, or both. Each day that a violation is permitted to exist or occur, and each separate occurrence, shall constitute a separate offense.
2. Any premises, building, dwelling, or other structure in which a sexually oriented business is repeatedly operated or maintained in violation of sections 573.525 to 573.537 shall constitute a public nuisance and shall be subject to civil abatement proceedings initiated by the state in a court of competent jurisdiction. Each day that a violation is permitted to exist or occur shall constitute a separate operation or maintenance of the violation.
3. Notwithstanding the provisions of this section, the state may employ any remedy available at law or in equity to prevent or remedy a violation of any provision of sections 573.525 to 573.537.
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(L. 2010 S.B. 586 & 617)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.540 - No state preemption on regulation — consistency with state law required for local law.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
Effective - 28 Aug 2010
573.540. No state preemption on regulation — consistency with state law required for local law. —
1. Nothing in sections 573.525 to 573.537 shall be construed as preempting or preventing any political subdivision of this state from maintaining, enacting, or enforcing any local ordinance, rule, regulation, resolution, or similar law concerning the regulation of sexually oriented businesses or similar adult oriented businesses which is stricter than but not inconsistent with the provisions of sections 573.525 to 573.537.
2. Political subdivisions of this state are specifically authorized to maintain, enact, and enforce local ordinances, rules, regulations, resolutions, or other similar laws concerning the regulation of sexually oriented businesses or similar adult-oriented businesses which are the same as or stricter than but not inconsistent with the provisions of sections 573.525 to 573.537.
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(L. 2010 S.B. 586 & 617)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 573 - Pornography and Related Offenses › Section 573.550 - Providing explicit sexual material to a student, offense of — penalty — definitions.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 573
Effective - 28 Aug 2022
573.550. Providing explicit sexual material to a student, offense of — penalty — definitions. —
1. A person commits the offense of providing explicit sexual material to a student if such person is affiliated with a public or private elementary or secondary school in an official capacity and, knowing of its content and character, such person provides, assigns, supplies, distributes, loans, or coerces acceptance of or the approval of the providing of explicit sexual material to a student or possesses with the purpose of providing, assigning, supplying, distributing, loaning, or coercing acceptance of or the approval of the providing of explicit sexual material to a student.
2. The offense of providing explicit sexual material to a student is a class A misdemeanor.
3. As used in this section, the following terms shall mean:
(1)
"Explicit sexual material"
, any pictorial, three-dimensional, or visual depiction, including any photography, film, video, picture, or computer-generated image, showing human masturbation, deviate sexual intercourse as defined in section 566.010, sexual intercourse, direct physical stimulation of genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals; provided, however, that works of art, when taken as a whole, that have serious artistic significance, or works of anthropological significance, or materials used in science courses, including but not limited to materials used in biology, anatomy, physiology, and sexual education classes shall not be deemed to be within the foregoing definition;
(2)
"Person affiliated with a public or private elementary or secondary school in an official capacity"
, an administrator, teacher, librarian, media center personnel, substitute teacher, teacher's assistant, student teacher, law enforcement officer, school board member, school bus driver, guidance counselor, coach, guest lecturer, guest speaker, or other nonschool employee who is invited to present information to students by a teacher, administrator, or other school employee. Such term shall not include a student enrolled in the elementary or secondary school.
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(L. 2022 S.B. 775, et al.)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 574 - Offenses Against Public Order › Section 574.005 - Definitions

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 574
• Effective - 01 Jan 2017, see footnote
574.005. Definitions —
As used in this chapter the following terms mean:
(1)
"Private property"
, any place which at the time of the offense is not open to the public. It includes property which is owned publicly or privately;
(2)
"Property of another"
, any property in which the person does not have a possessory interest;
(3)
"Public place"
, any place which at the time of the offense is open to the public. It includes property which is owned publicly or privately.
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(L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 574 - Offenses Against Public Order › Section 574.010 - Peace disturbance — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 574
• Effective - 01 Jan 2017, 2 histories, see footnote
574.010. Peace disturbance — penalty. —
1. A person commits the offense of peace disturbance if he or she:
(1) Unreasonably and knowingly disturbs or alarms another person or persons by:
(a) Loud noise; or
(b) Offensive language addressed in a face-to-face manner to a specific individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient; or
(c) Threatening to commit a felonious act against any person under circumstances which are likely to cause a reasonable person to fear that such threat may be carried out; or
(d) Fighting; or
(e) Creating a noxious and offensive odor;
(2) Is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:
(a) Vehicular or pedestrian traffic; or
(b) The free ingress or egress to or from a public or private place.
2. The offense of peace disturbance is a class B misdemeanor upon the first conviction. Upon a second or subsequent conviction, peace disturbance is a class A misdemeanor. Upon a third or subsequent conviction, a person shall be sentenced to pay a fine of no less than one thousand dollars and no more than five thousand dollars.
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(L. 1977 S.B. 60, A.L. 1984 S.B. 602, A.L. 1993 S.B. 180, A.L. 2014 S.B. 491)
Effective 1-01-17
(1987) Where paragraph (c) of subdivision (1) of subsection l of statute contemplates punishing a person for any and all utterances that if carried out would constitute criminal offenses under Missouri law, no distinction is made as to the degree of criminal activity, that portion of statute is overbroad and is facially invalid. State v. Carpenter, 736 S.W.2d 406 (Mo. en banc).
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 574 - Offenses Against Public Order › Section 574.020 - Private peace disturbance — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 574
• Effective - 01 Jan 2017, 2 histories, see footnote
574.020. Private peace disturbance — penalty. —
1. A person commits the offense of private peace disturbance if he or she is on private property and unreasonably and purposely causes alarm to another person or persons on the same premises by:
(1) Threatening to commit an offense against any person; or
(2) Fighting.
2. The offense of private peace disturbance is a class C misdemeanor.
3. For purposes of this section, if a building or structure is divided into separately occupied units, such units are separate premises.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17