Bill Text: MO HB1023 | 2013 | Regular Session | Introduced

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Bill Title: Changes the laws regarding the crime of possession of child pornography

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-18 - Referred: Crime Prevention and Public Safety(H) [HB1023 Detail]

Download: Missouri-2013-HB1023-Introduced.html

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FIRST REGULAR SESSION

HOUSE BILL NO. 1023

97TH GENERAL ASSEMBLY

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INTRODUCED BY REPRESENTATIVE JONES (50).

2021H.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

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AN ACT

To repeal section 573.037, RSMo, and to enact in lieu thereof one new section relating to possession of child pornography, with penalty provisions and an emergency clause.

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Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Section 573.037, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 573.037, to read as follows:

            573.037. 1. A person commits the [crime] offense of possession of child pornography if such person knowingly or recklessly possesses any child pornography of a minor [under the age of] less than eighteen years old or obscene material portraying what appears to be a minor [under the age of] less than eighteen years old.

            2. The offense of possession of child pornography is a class [C] D felony [unless] 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[, possesses] ; 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 [of child pornography,] ; or

            (d) Obscene material comprised of one motion picture, film, videotape production, or other moving image; or

            (2) Has pleaded guilty to or has been found guilty of an offense under this section[, in which case it is a class B felony].

            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.

            Section B. Because immediate action is necessary to protect children the repeal and reenactment of section 573.037 of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the repeal and reenactment of sections 573.037 of section A of this act shall be in full force and effect upon its passage and approval.

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