573.037. Possession of child pornography — penalty. — 1. A person commits the offense of possession of child pornography if such person knowingly or recklessly possesses any child pornography of a minor less than eighteen years of age or obscene material portraying what appears to be a minor less than eighteen years of age.
2. The offense of possession of child pornography is a class D felony if the person possesses one still image of child pornography or one obscene still image. The offense of possession of child pornography is a class B felony if the person:
(1) Possesses:
(a) More than twenty still images of child pornography; or
(b) More than twenty obscene still images; or
(c) Child pornography comprised of one motion picture, film, videotape, videotape production, or other moving image; or
(d) Obscene material comprised of one motion picture, film, videotape production, or other moving image; or
(2) Has previously been found guilty of an offense under this section.
3. A person who has committed the offense of possession of child pornography is subject to separate punishments for each item of child pornography or obscene material possessed by the person.
Notes of Decisions
Cited in
45
cases (
9 in the last 5 years), 1990–2025 · leading case:
State v. Liberty, 370 S.W.3d 537 (Mo. 2012).
State v. Liberty, 370 S.W.3d 537 (Mo. 2012).
· cites it 80× “He further contends that the evidence was insufficient to convict him of eight counts of possession of child pornography because the images giving rise to six of the charges also do not depict “sexual conduct” as required by section 573.037 RSMo Supp.2007 and, even if they do,…”
State v. Roggenbuck, 387 S.W.3d 376 (Mo. 2012).
· cites it 15× “See section 573.037, RSMo Supp.2007. Exhibiting such pictures, including via a computer, constitutes the crime of "promoting child pornography.”
State v. Feldt, 512 S.W.3d 135 (Mo. Ct. App. 2017).
· cites it 8× “The court also stated that since the State was charging Feldt in both counts with possession of child pornography in video format in violation of § 573.037, the charges were class B felonies, not class C felonies as the substitute information provided.”
State v. Kamaka, 277 S.W.3d 807 (Mo. Ct. App. 2009).
· cites it 7× “Factual and Procedural Background Curtis Kamaka was initially charged in Clay County, Missouri, with one count of possessing child pornography in violation of section 573.037, RSMo 2000. Pursuant to a plea agreement he had entered into with the State, Kamaka pled guilty to the…”
F.R. v. St. Charles Cnty. Sheriff's Dep't, 301 S.W.3d 56 (Mo. 2010).
· cites it 6× “035, RSMo, promoting child pornography in the second degree; section 573.037, RSMo, possession of child pornography, or section 573.”
State v. Edmond, 363 S.W.3d 431 (Mo. Ct. App. 2012).
· cites it 31× “Joshua Edmond appeals his conviction following a jury trial for the class B felony of reckless possession of child pornography, section 573.037, RSMo Cum.Supp. 2011. On appeal, Edmond claims that the trial court erred in denying his motion for a continuance and in permitting a…”
Osborne v. Ohio, 495 U.S. 103 (1990).
· cites it 2× “247 (1988); Mo. Rev. Stat. § 573.037 (Supp. 1989); Neb.”
State v. Dean, 382 S.W.3d 218 (Mo. Ct. App. 2012).
· cites it 5× “See § 573.037. 1 He presents two points on appeal.”
State v. Quick, 334 S.W.3d 603 (Mo. Ct. App. 2011).
· cites it 3× “025 and two counts of felony possession of child pornography in violation of section 573.037 RSMo 2000. Count I alleged that defendant Quick, “knowing its content and character, offered or agreed to provide obscene material consisting of a video that portrays what appears to be…”
State v. Schneider, 483 S.W.3d 495 (Mo. Ct. App. 2016).
· cites it 2× “ODENWALD, Judge Introduction Appellant Raymond Schneider (“Schneider”) appeals from the judgment of the trial court, following a jury trial, convicting him on seven counts of possession of child pornography under Section 573.037. 1 Schneider raises two points on appeal.”
State ex rel. Greufe v. Davis, 407 S.W.3d 710 (Mo. Ct. App. 2013).
· cites it 5× “On August 9, 2011, three years and two months after the images were recovered, the State charged Greufe with one count of possession of child pornography, a class D felony, in violation of section 573.037 (RSMo Supp.2007). 1 Greufe filed a motion to dismiss before the trial…”
State v. Tremaine, 315 S.W.3d 769 (Mo. Ct. App. 2010).
· cites it 2× “Appellant Clarence Tremaine was convicted in the Boone County Circuit Court of two offenses: possession of child pornography under § 573.037, RSMo, and promoting child pornography in the first degree by offering to disseminate it, § 573.”
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