Possession of child sexual abuse material — penalty

§ 573.037 RSMo, under Pornography and Related Offenses.

§ 573.037 RSMo

573.037. Possession of child sexual abuse material — penalty. — 1. A person commits the offense of possession of child sexual abuse material if such person knowingly or recklessly possesses any child sexual abuse material 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 sexual abuse material is a class D felony if the person possesses one still image of child sexual abuse material or one obscene still image. The offense of possession of child sexual abuse material is a class B felony if the person:

(1) Possesses:

(a) More than twenty still images of child sexual abuse material; or

(b) More than twenty obscene still images; or

(c) Child sexual abuse material 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 sexual abuse material is subject to separate punishments for each item of child sexual abuse material or obscene material possessed by the person.

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(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, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491, A.L. 2026 H.B. 2273, et al.)

(2023) Sufficient evidence exists to support a conviction for knowing possession of child pornography when evidence of such images are found in cache files on a defendant's computer and other corroborating evidence exists that defendant knowingly possessed child pornography. State v. Ingram, 662 S.W.3d 212 (Mo.App.E.D.).