573.040. Furnishing pornographic materials to minors — penalty. — 1. A person commits the offense of furnishing pornographic material to minors if, knowing of its content and character, he or she:
(1) Furnishes any material pornographic for minors, 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; or
(2) Produces, presents, directs or participates in any performance pornographic for minors that is furnished to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance; or
(3) Furnishes, produces, presents, directs, participates in any performance or otherwise makes available material 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. It is not a defense to a prosecution for a violation of this section that the person being furnished the pornographic material is a peace officer masquerading as a minor.
3. The offense of furnishing pornographic material to minors or attempting to furnish pornographic material to minors is a class A misdemeanor unless the person has been found guilty of an offense committed at a different time pursuant to this chapter, chapter 566 or chapter 568, in which case it is a class E felony.
Notes of Decisions
Cited in
28
cases (
1 in the last 5 years), 1981–2023 · leading case:
State v. Strughold, 973 S.W.2d 876 (Mo. Ct. App. 1998).
State v. Strughold, 973 S.W.2d 876 (Mo. Ct. App. 1998).
· cites it 9× “, Section 573.040 RSMo 1994 (Count VII); sexual misconduct in the first degree, Section 566.”
F.R. v. St. Charles Cnty. Sheriff's Dep't, 301 S.W.3d 56 (Mo. 2010).
· cites it 6× “037, RSMo, possession of child pornography, or section 573.040, RSMo, furnishing pornographic material to minors; or (2) Any offense in any other state or foreign country, or under federal, tribal, or military jurisdiction which, if committed in this state, would be a violation…”
State v. Bouse, 150 S.W.3d 326 (Mo. Ct. App. 2004).
· cites it 6× “The state conceded at oral argument that it could have prosecuted Bouse for attempting to furnish pornographic materials to a minor under § 573.040, RSMo 2000, a Class A misdemeanor, rather than prosecuting him for attempted sexual misconduct involving a child.”
Thompson v. Oklahoma, 487 U.S. 815 (1988).
· cites it 2× “Mo. Rev. Stat. § 573.040 (Supp. 1987) Mont.”
James Day v. State of Missouri, 495 S.W.3d 773 (Mo. Ct. App. 2016).
· cites it 4× “), pursuant to section 573.040; first-degree statutory sodomy (Count III — deviant sexual' intercourse with E.”
State v. Wayman, 926 S.W.2d 900 (Mo. Ct. App. 1996).
· cites it 8× “William Wayman appeals his conviction, after jury trial, of one count of furnishing pornographic materials to a minor in violation of section 573.040, RSMo 1994. He was acquitted of stalking, section 565.”
State of Missouri v. Jerry Lee Rice, 504 S.W.3d 198 (Mo. Ct. App. 2016).
· cites it 2× “Rice was also charged with furnishing pornographic material to a minor, a violation of section 573.040. The jury convicted Rice of that charged but the conviction was subsequently overturned by the trial court based upon the unconstitutionality of a portion of the statute…”
State v. Wade, 421 S.W.3d 429 (Mo. 2013).
· cites it 2× “025, promoting child pornography; or section 573.040, furnishing pornographic material to minors; or (2) Any offense in any other state or foreign country, or under federal, tribal, or military jurisdiction which, if committed in this state, would be a violation listed in this…”
Borst v. State, 337 S.W.3d 95 (Mo. Ct. App. 2011).
· cites it 2× “020, and one count of furnishing pornographic material to minors, Section 573.040. 3 At the jury trial held in August 2004, Borst was represented by his defense co-counsel, Richard Carney and Marilyn Keller.”
State v. Smith, 422 S.W.3d 411 (Mo. Ct. App. 2013).
“035 (possessing adult pornography with the intent to promote or for pecuniary gain is a crime); § 573.040 (furnishing adult pornography to a minor is a crime).”
State v. Triplett, 722 S.W.2d 633 (Mo. Ct. App. 1986).
· cites it 2× “See § 573.040, RSMo 1978; § 573.010(10), RSMo Supp.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.