573.040. Furnishing pornographic materials to minors.
Furnishing pornographic materials to minors.
573.040. 1. A person commits the crime of furnishing pornographicmaterial to minors if he or she:
(1) Furnishes any material pornographic for minors, knowing that theperson to whom it is furnished is a minor or acting in reckless disregardof the likelihood that such person is a minor; or
(2) Produces, presents, directs or participates in any performancepornographic for minors that is furnished to a minor knowing that anyperson viewing such performance is a minor or acting in reckless disregardof the likelihood that a minor is viewing the performance; or
(3) Furnishes, produces, presents, directs, participates in anyperformance or otherwise makes available material that is pornographic forminors via computer, electronic transfer, Internet or computer network ifthe person made the matter available to a specific individual known by thedefendant to be a minor.
2. It is not an affirmative defense to a prosecution for a violationof this section that the person being furnished the pornographic materialis a peace officer masquerading as a minor.
3. Furnishing pornographic material to minors or attempting tofurnish pornographic material to minors is a class A misdemeanor unless theperson has pleaded guilty to or has been found guilty of an offensecommitted at a different time pursuant to this chapter, chapter 566 orchapter 568, RSMo, in which case it is a class D felony.
(L. 1977 S.B. 60, A.L. 1987 H.B. 113, et al., A.L. 2000 S.B. 757 & 602, A.L. 2004 H.B. 1055, A.L. 2008 S.B. 714, et al., A.L. 2009 H.B. 62)