SB 1307 - This act defines child pornography and the possession of it. A person commits the crime of possession of child pornography if the individual possesses it while knowing of the contents. A person with more than 20 items of child pornography is considered to have knowledge regarding the contents of the items.
This act establishes affirmative defenses to the crime of possession of child pornography. Such defenses include taking steps to destroy the child pornography and not allowing anyone except law enforcement agents to view it. It is also a defense to report the matter to law enforcement and permit the agents access to the material in order to remove it or to attempt to determine how it was sent and received.
The age of a child that appears to be under the age of eighteen may be established according to Section 573.050, which includes using expert medical testimony. The child need not be identified or appear at any proceeding.
This act makes possession of child pornography a Class C felony for possession of no more than 20 items, and a Class B felony for more than 20 items.
SUSAN HENDERSON