573.030. Promoting obscenity in the second degree — penalties. — 1. A person commits the offense of promoting pornography for minors or obscenity in the second degree if, knowing of its content and character, he or she:
(1) Promotes or possesses with the purpose to promote any obscene material for pecuniary gain; or
(2) Produces, presents, directs or participates in any obscene performance for pecuniary gain; or
(3) Promotes or possesses with the purpose to promote any material pornographic for minors for pecuniary gain; or
(4) Produces, presents, directs or participates in any performance pornographic for minors for pecuniary gain; or
(5) Promotes, possesses with the purpose to promote, produces, presents, directs or participates in any performance that is pornographic for minors via computer, electronic transfer, 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 pornography for minors or obscenity in the second degree is a class A misdemeanor unless the person has been found guilty of an offense pursuant to this section committed at a different time, in which case it is a class E felony.
Notes of Decisions
Cited in
19
cases, 1981–2016 · leading case:
State v. McKinney, 756 S.W.2d 527 (Mo. 1988).
State v. McKinney, 756 S.W.2d 527 (Mo. 1988).
· cites it 23× “69956 of two counts of promoting pornography in the second degree in violation of section 573.030, RSMo 1978, and was sentenced to 180 days imprisonment and fined $1000 on Count I and sentenced to 1 year imprisonment and fined $1000 on Count II; the sentence on Count II was…”
State v. El Dorado Mgmt. Corp., 801 S.W.2d 401 (Mo. Ct. App. 1990).
· cites it 9× “Louis for the class A misdemeanor of promoting obscenity in the second degree, RSMo § 573.030 (1988), for which it was fined one thousand five hundred dollars ($1,500.”
State v. Triplett, 722 S.W.2d 633 (Mo. Ct. App. 1986).
· cites it 10× “Joyce Triplett was charged by amended information with the class A misdemeanor of promoting pornography in the second degree, § 573.030, RSMo 1978, as amended. The incident leading to the filing of the charge was the sale of a November 1985 issue of Hustler magazine to a…”
BAP, INC. v. McCulloch, 994 F. Supp. 1131 (E.D. Mo. 1998).
· cites it 9× “ntly appeals to the prurient interest and depicts or describes, in a patently offensive way, sexual conduct in a lewd, licentious, indecent, lascivious, immoral and scandalous manner and that a reasonable person would find that the matter, taken as a whole, lacks serious…”
State v. Cox, 619 S.W.2d 794 (Mo. Ct. App. 1981).
· cites it 9× “Defendant next contends that the state failed to introduce any evidence to establish that the promotion of pornographic materials was done for pecuniary gain as required by § 573.030, RSMo 1978. Defendant argues that the statute requires evidence of personal financial gain or…”
State of Missouri v. Thomas Nathaniel Turrentine, 524 S.W.3d 55 (Mo. Ct. App. 2016).
· cites it 4× “—OPINION AUTHOR The trial court found Thomas Nathaniel Turrentine (“Defendant”) guilty of stealing, see section 573.030, 1 and property *57 damage, see section, 569.”
State v. McKinney, 763 S.W.2d 702 (Mo. Ct. App. 1989).
· cites it 8× “In this court-tried case, defendant, Charles McKinney, was charged with three counts of promoting pornography in the second degree in violation of § 573.030 RSMo (1978) and one count of illegal possession of marijuana, a Schedule I controlled substance, in violation of § 195.”
State v. Trader Bobs, Inc., 768 S.W.2d 183 (Mo. Ct. App. 1989).
· cites it 6× “, was charged with seven counts of promoting pornography in the second degree in violation of § 573.030 RSMo (1978). (All further references shall be to RSMo (1978) unless otherwise noted).”
State v. Schamma, 659 S.W.2d 589 (Mo. Ct. App. 1983).
· cites it 5× “He was found guilty under Count I of promoting pornography in the second degree, § 573.030, RSMo.1978; under Count III of transferring a eoncealable firearm without a permit, § 571.”
State v. McKinney, 768 S.W.2d 178 (Mo. Ct. App. 1989).
· cites it 6× “In bench-tried cases, defendant, Charles McKinney, was charged with ten counts of promoting pornography in the second degree in Circuit Cause # 861-00771 and one count of promoting pornography in the second degree in Circuit Cause # 869-02570-B in violation of § 573.030 RSMo…”
State v. Simmer, 772 S.W.2d 372 (Mo. 1989).
· cites it 11× “Section 573.030, RSMo Supp. (1987) provides in pertinent part: Promoting Obscenity in the Second Degree 1.”
State v. Cooley, 766 S.W.2d 133 (Mo. Ct. App. 1989).
· cites it 9× “§ 573.030, RSMo 1978 (now repealed). The statutes under which she was convicted defined the third element of pornography as “applying contemporary community standards: .”
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