Missouri State Senate

Senate Committee Substitute

SCS/SB 5 - This act modifies laws relating to child pornography.

Section 537.047

This section provides that any person who, while a child or minor, was a victim of certain offenses related to child exploitation or child pornography, and who suffers physical or psychological injury or illness as a result of the violation, shall be entitled to bring a civil cause of action to recover damages sustained by the violation. Any action described under this section shall be commenced within ten years of the plaintiff attaining the age of twenty-one, or within three years of the date the plaintiff discovers that the injury or illness was caused by the violation of an offense enumerated in this act, whichever later occurs. A cause of action under this section may arise only if the violation that caused the injury occurs on or after August 28, 2007.

Section 573.025

This section prohibits any person who pleads guilty to or is found guilty of promoting child pornography in the first degree from being eligible for probation or parole for at least 3 years.

Section 573.035

This section prohibits any person convicted of promoting child pornography in the second degree from being eligible for probation.

Section 573.037

This section makes possession of child pornography a class C felony unless the person possesses more than twenty images of child pornography or has previously committed this offense, in which case, the crime is a class B felony. Currently, possession of child pornography is a class D felony unless the offender has previously committed this offense, in which case, the crime is a class C felony.

Section 573.038

This section requires that in any criminal proceeding, any property or material that constitutes child pornography shall remain in the custody of the state or the court. The court shall deny requests to copy or reproduce the child pornography if it is made reasonably available to the defendant by providing ample opportunity for inspection, viewing, and examination at a state or other governmental facility.

SUSAN HENDERSON MOORE

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