Child pornography bill signals crackdown on possession
By Allen Palmeri
Staff Writer
May 25, 2004
JEFFERSON CITY – A bill that increases the penalty for possession of child pornography from a Class A misdemeanor to a Class D felony passed the General Assembly May 13.
If signed into law by Gov. Bob Holden, the bill would allow judges to impose a prison sentence of up to five years, instead of current state law, which allows for one year. For additional convictions, the punishment would increase to a Class C felony.
“I’m extremely excited about getting it passed,” said Rep. Mark Bruns, R-Wardsville. “It had great support, and I think we’re going to be able to do great things with this.
“At first I was a little concerned about it growing so much (with so many amendments), but it grew into something quite wonderful. It started out as a one-paragraph bill, but it turned out to be the only crime bill that the House sent over to the Senate this year. So this was the vehicle that the Senate used to add all their crime legislation onto.”
In 1987, Missouri became only the 10th state to adopt a law making possession of child pornography illegal, according to Kerry Messer, lobbyist, Christian Life Commission, Missouri Baptist Convention. Because it was such a new area, lawmakers were hesitant to impose a heavy penalty back then, but times have changed, Messer said.
“The majority of the states now have laws dealing with the possession of child porn,” he said. “It’s such a well-established body of law now. We have a new Legislature with new leadership who are willing to say, ‘Let’s make this a felony conviction. Let’s crack down on people who mess around with child pornography.’ And of course the bill has several other provisions that deal with sex offenders and even toughening the penalty on providing other obscene materials to minors.
“When everybody understood that we had a green light from the court system, that the state’s jurisdiction was not a question — we weren’t going to get in trouble as a state — they followed our lead and said, ‘This is the right thing to do and it’s the right time to do it.’ Sometimes legislation is a matter of timing as much as anything, and this was the right time.”
Bruns said Holden continues to support the bill.
“I’ve had conversations with the governor’s staff, and they’re still on board to sign it, so I’m looking forward to this becoming law,” Bruns said.
Messer said a veto would be “politically devastating to the governor’s re-election efforts.”