Fiscal Note - SB 0463 - Exposure of Minors to Online Pornography
L.R. NO. 1787-01
BILL NO. SB 463
SUBJECT: Pornography
TYPE: Original
DATE: March 17, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
State Funds $0 $0 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of State Courts Administrator assume the proposed
legislation would not result in a significant increase in criminal
prosecutions.
Officials from the Office of the State Public Defender (SPD) assume that
existing staff could represent the five to ten additional cases that might
arise as a result of this proposal. However, passage of more than one
similar proposal could require the SPD to request increased appropriations to
cover the cumulative cost of representing the indigent accused.
Officials from the Office of Prosecution Services (OPS) assume the proposed
legislation would create additional crimes and could increase the workload of
some county prosecutors. OPS assumes the impact is unknown.
Oversight assumes the fiscal impact on any given county as a result of this
proposal would be minimal and could be absorbed with existing resources.
Officials from the Office of the Attorney General and the Department of
Public Safety -- Missouri State Highway Patrol assume the proposal would have
no fiscal impact on their agencies.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
The proposal would expand the definition of the crime of "furnishing
pornographic material to minors" to include a person who knowingly uses an
interactive computer service to send pornographic material, 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. Furnishing pornographic material
to minors would remain a Class A misdemeanor for the first offense and a
Class D felony for all later offenses.
Additionally, the proposal would expand the definition of the crime of
"public display of explicit sexual material" to include a person who
knowingly uses any interactive computer service to display in a manner
available to a minor in this state any explicit sexual material and who does
not take, in good faith, reasonable, effective and appropriate actions under
the circumstances to restrict or prevent access by minors to such explicit
sexual material to the extent that methods feasible under available
technology allow such actions. Public display of explicit sexual material
would remain a Class A misdemeanor for the first offense and a Class D felony
for all later offenses.
This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.
SOURCES OF INFORMATION
Office of State Courts Administrator
Office of the State Public Defender
Office of Prosecution Services
Office of the Attorney General
Department of Public Safety -- Missouri State Highway Patrol
This Fiscal Note is not an official copy and should not be quoted or cited.