573.025. Promoting child pornography in the first degree — penalties. — 1. A person commits the offense of promoting child pornography in the first degree if, knowing of its content and character, such person possesses with the intent to promote or promotes child pornography of a child less than fourteen years of age or obscene material portraying what appears to be a child less than fourteen years of age.
2. The offense of promoting child pornography in the first degree is a class B felony unless the person knowingly promotes such material to a minor, in which case it is a class A felony. No person who is found guilty of promoting child pornography in the first degree shall be eligible for probation, parole, or conditional release for a period of three calendar years.
3. Nothing in this section shall be construed to require a provider of electronic communication services or remote computing services to monitor any user, subscriber or customer of the provider, or the content of any communication of any user, subscriber or customer of the provider.
Notes of Decisions
Cited in
20
cases, 1990–2018 · leading case:
State v. Sanders, 126 S.W.3d 5 (Mo. Ct. App. 2003).
State v. Sanders, 126 S.W.3d 5 (Mo. Ct. App. 2003).
· cites it 26× “062, RSMo, [1] and one count of promoting child pornography in the first degree, Section 573.025, RSMo, involving his daughter.”
State v. Oliver, 293 S.W.3d 437 (Mo. 2009).
· cites it 8× “023 1 and two counts of promoting child pornography in the first degree pursuant to section 573.025. 2 Oliver appeals, arguing the trial court erred in overruling the motion to suppress the computer, camera, and camera card and the information retrieved from these items.”
State v. Hagan, 79 S.W.3d 447 (Mo. Ct. App. 2002).
· cites it 19× “See § 573.025, RSMo 2000. Therefore, since the State’s evidence was that R.”
State v. Kamaka, 277 S.W.3d 807 (Mo. Ct. App. 2009).
· cites it 7× “Subsequently, Kamaka was charged in Platte County with one count of promoting child pornography in violation of section 573.025, RSMo 2000. Kamaka filed a motion to dismiss the promotion charge, which the trial court granted on the basis of double jeopardy and the State’s breach…”
F.R. v. St. Charles Cnty. Sheriff's Dep't, 301 S.W.3d 56 (Mo. 2010).
· cites it 6× “023, RSMo, sexual exploitation of a minor; section 573.025, RSMo, promoting child pornography in the first degree; section 573.”
State v. Foster, 838 S.W.2d 60 (Mo. Ct. App. 1992).
· cites it 6× “A jury convicted defendant of five counts of attempting to promote child pornography in the first degree, §§ 573.025, 564.011, RSMo 1986, 1 one count of promoting child pornography in the second degree, § 573.”
State v. Liberty, 370 S.W.3d 537 (Mo. 2012).
· cites it 2× “037 required the prosecutor to bring one joint count reflecting Liberty’s simultaneous possession of multiple, distinctive photographic images of child pornography, I would affirm all of his possession convictions.”
State v. Quick, 334 S.W.3d 603 (Mo. Ct. App. 2011).
· cites it 4× “Facts Sean Quick was charged with one count of felony promotion of child pornography in the first degree (by offering files through file-sharing) in violation of section 573.025 and two counts of felony possession of child pornography in violation of section 573.”
State v. Roggenbuck, 387 S.W.3d 376 (Mo. 2012).
· cites it 3× “” Section 573.025, RSMo Supp. 2007, section 573.”
State v. Urban, 798 S.W.2d 507 (Mo. Ct. App. 1990).
· cites it 6× “100, RSMo 1986, and of promoting child pornography in the first degree, section 573.025, RSMo 1986. Appellant, Patsy J.”
State v. Urban, 796 S.W.2d 599 (Mo. 1990).
· cites it 4× “” Under Section 573.025, RSMo 1986, a person commits the crime of promotion of child pornography if he knowingly photographs child pornography, and here the information charged: .”
State v. Wade, 421 S.W.3d 429 (Mo. 2013).
· cites it 2× “023, sexual exploitation of a minor; section 573.025, promoting child pornography; or section 573.”
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