Missouri Revised Statutes

Mo. Rev. Stat. § 573.020 (2026)

Promoting obscenity in the first degree

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  573.020.  Promoting obscenity in the first degree — penalty. — 1.  A person commits the offense of promoting obscenity in the first degree if, knowing of its content and character, such person:

  (1)  Wholesale promotes or possesses with the purpose to wholesale promote any obscene material; or

  (2)  Wholesale promotes for minors or possesses with the purpose to wholesale promote for minors any material pornographic for minors; or

  (3)  Promotes, wholesale promotes or possesses with the purpose to wholesale promote for minors material that is pornographic for minors via computer, internet or computer network if the person made the matter available to a specific individual known by the defendant to be a minor.

  2.  The offense of promoting obscenity in the first degree is a class E felony.

  3.  As used in this section, "wholesale promote" means to manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purposes of resale or redistribution.

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(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, A.L. 2014 S.B. 491)

Effective 1-01-17

Notes of Decisions
Cited in 3 cases, 1983–2013 · leading case: State v. Schamma, 659 S.W.2d 589 (Mo. Ct. App. 1983).
State v. Schamma, 659 S.W.2d 589 (Mo. Ct. App. 1983). · cites it 7× “1983; and under Counts IV, V and VI of promoting pornography in the first degree, § 573.020, RSMo.1978. The jury assessed punishment at one year imprisonment on Count I, $1,000 fine on Count III, two years on Count IV, two years on Count V and three on Count VI.”
State v. Smith, 422 S.W.3d 411 (Mo. Ct. App. 2013). “But see §§ 573.020, 573.035 (possessing adult pornography with the intent to promote or for pecuniary gain is a crime); § 573.”
Postscript Enter., Inc. v. Westfall, 596 F. Supp. 205 (E.D. Mo. 1984). “573, only promoting pornography in the first degree, § 573.020, is a felony. The stipulated facts do not suggest that plaintiffs are using the projectors to engage in this crime as nothing indicates that they are wholesalers of pornographic materials.”
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