Evidence in obscenity and child pornography cases.
573.050. 1. In any prosecution under this chapter evidenceshall be admissible to show:
(1) What the predominant appeal of the material orperformance would be for ordinary adults or minors;
(2) The literary, artistic, political or scientific value ofthe material or performance;
(3) The degree of public acceptance in this state and in thelocal community;
(4) The appeal to prurient interest in advertising or otherpromotion of the material or performance;
(5) The purpose of the author, creator, promoter, furnisheror publisher of the material or performance.
2. Testimony of the author, creator, promoter, furnisher,publisher, or expert testimony, relating to factors entering intothe determination of the issues of obscenity or childpornography, shall be admissible.
3. In any prosecution for possession of child pornography orpromoting child pornography in the first or second degree, thedetermination that the person who participated in the childpornography was younger than eighteen years of age may be made asset forth in section 568.100, RSMo, or reasonable inferencesdrawn by a judge or jury after viewing the alleged pornographicmaterial shall constitute sufficient evidence of the child's ageto support a conviction.
4. In any prosecution for promoting child pornography in thefirst or second degree, no showing is required that theperformance or material involved appeals to prurient interest,that it lacks serious literary, artistic, political or scientificvalue, or that it is patently offensive to prevailing standardsin the community as a whole.
(L. 1977 S.B. 60, A.L. 1985 H.B. 366, et al., A.L. 1987 H.B. 113, et al.)
Evidence in obscenity and child pornography cases.
573.050. 1. In any prosecution under this chapter evidenceshall be admissible to show:
(1) What the predominant appeal of the material orperformance would be for ordinary adults or minors;
(2) The literary, artistic, political or scientific value ofthe material or performance;
(3) The degree of public acceptance in this state and in thelocal community;
(4) The appeal to prurient interest in advertising or otherpromotion of the material or performance;
(5) The purpose of the author, creator, promoter, furnisheror publisher of the material or performance.
2. Testimony of the author, creator, promoter, furnisher,publisher, or expert testimony, relating to factors entering intothe determination of the issues of obscenity or childpornography, shall be admissible.
3. In any prosecution for possession of child pornography orpromoting child pornography in the first or second degree, thedetermination that the person who participated in the childpornography was younger than eighteen years of age may be made asset forth in section 568.100, RSMo, or reasonable inferencesdrawn by a judge or jury after viewing the alleged pornographicmaterial shall constitute sufficient evidence of the child's ageto support a conviction.
4. In any prosecution for promoting child pornography in thefirst or second degree, no showing is required that theperformance or material involved appeals to prurient interest,that it lacks serious literary, artistic, political or scientificvalue, or that it is patently offensive to prevailing standardsin the community as a whole.
(L. 1977 S.B. 60, A.L. 1985 H.B. 366, et al., A.L. 1987 H.B. 113, et al.)
Evidence in obscenity and child pornography cases.
573.050. 1. In any prosecution under this chapter evidenceshall be admissible to show:
(1) What the predominant appeal of the material orperformance would be for ordinary adults or minors;
(2) The literary, artistic, political or scientific value ofthe material or performance;
(3) The degree of public acceptance in this state and in thelocal community;
(4) The appeal to prurient interest in advertising or otherpromotion of the material or performance;
(5) The purpose of the author, creator, promoter, furnisheror publisher of the material or performance.
2. Testimony of the author, creator, promoter, furnisher,publisher, or expert testimony, relating to factors entering intothe determination of the issues of obscenity or childpornography, shall be admissible.
3. In any prosecution for possession of child pornography orpromoting child pornography in the first or second degree, thedetermination that the person who participated in the childpornography was younger than eighteen years of age may be made asset forth in section 568.100, RSMo, or reasonable inferencesdrawn by a judge or jury after viewing the alleged pornographicmaterial shall constitute sufficient evidence of the child's ageto support a conviction.
4. In any prosecution for promoting child pornography in thefirst or second degree, no showing is required that theperformance or material involved appeals to prurient interest,that it lacks serious literary, artistic, political or scientificvalue, or that it is patently offensive to prevailing standardsin the community as a whole.
(L. 1977 S.B. 60, A.L. 1985 H.B. 366, et al., A.L. 1987 H.B. 113, et al.)
