573.030. Promoting obscenity in the second degree. - Missouri Statutes

Promoting obscenity in the second degree.

573.030. 1. A person commits the crime of promoting pornography forminors or obscenity in the second degree if he or she:

(1) Promotes or possesses with the purpose to promote any obscenematerial for pecuniary gain; or

(2) Produces, presents, directs or participates in any obsceneperformance for pecuniary gain; or

(3) Promotes or possesses with the purpose to promote any materialpornographic for minors for pecuniary gain; or

(4) Produces, presents, directs or participates in any performancepornographic for minors for pecuniary gain; or

(5) Promotes, possesses with the purpose to promote, produces,presents, directs or participates in any performance that is pornographicfor minors via computer, electronic transfer, Internet or computer networkif the person made the matter available to a specific individual known bythe defendant to be a minor.

2. Promoting pornography for minors or obscenity in the second degreeis a class A misdemeanor unless the person has pleaded guilty to or hasbeen found guilty of an offense pursuant to this section committed at adifferent time, in which case it is a class D felony.

(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)

(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.