SECOND REGULAR SESSION
SENATE BILL NO. 875
91ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR GROSS.
Pre-filed January 4, 2002, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
2669S.01I
AN ACT
To repeal section 573.037, RSMo, relating to the possession of child pornography, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.
Section A. Section 573.037, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 573.037, to read as follows:
573.037. 1. A person commits the crime of possession of child pornography if[, knowing of its content and character, such person] he knowingly:
(1) Possesses or controls any obscene material that has a [child] minor as one of its participants or portrays [what appears to be a child as] an observer [or participant] of sexual conduct, sexual contact or a sexual performance with a minor; or
(2) Possess or controls any material that shows a minor participating or engaging in sexual conduct.
2. Possession of child pornography is a class [A misdemeanor] D felony unless the person has pleaded guilty to or has been found guilty of an offense [under] pursuant to chapter 566, RSMo, or this section committed at a different time, in which case it is a class [D] C felony.