1. A person commits the offense of promoting child pornography in the first degree if, knowing of its content and character, such person possesses with the intent to promote or promotes child pornography of a child less than fourteen years of age or obscene material portraying what appears to be a child less than fourteen years of age.

2. The offense of promoting child pornography in the first degree is a class B felony unless the person knowingly promotes such material to a minor, in which case it is a class A felony. No person who is found guilty of promoting child pornography in the first degree shall be eligible for probation, parole, or conditional release for a period of three calendar years.

Attorney's Note

Under the Missouri Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A felonybetween 10 years and life
Class B felonybetween 5 and 15 years
For details, see Mo. Rev. Stat.§ 558.011
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Terms Used In Missouri Laws 573.025

  • Child: any person under the age of fourteen. See Missouri Laws 573.010
  • Material: anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or stored computer data, or anything which is or may be used as a means of communication. See Missouri Laws 573.010
  • Minor: any person less than eighteen years of age. See Missouri Laws 573.010
  • Obscene: any material or performance if, taken as a whole:

    (a) Applying contemporary community standards, its predominant appeal is to prurient interest in sex. See Missouri Laws 573.010

  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Promote: to manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same, by any means including a computer. See Missouri Laws 573.010

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.