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:
- Possesses:
- More than twenty still images of child pornography; or
- More than twenty obscene still images; or
- Child pornography comprised of one motion picture, film, videotape, videotape production, or other moving image; or
- Obscene material comprised of one motion picture, film, videotape production, or other moving image; or
- 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.
