State v. Kelly

CRIST, Judge.

Defendants were convicted in a jury-waived trial of promoting pornography in the second degree. § 573.030, RSMo (1986). Defendant Thomas C. Kelly was sentenced to pay a fine of $1,000, and defendant Lloyd M. Kelly was sentenced to pay a fine of $500. We affirm.

A police officer entered defendants’ store and purchased a pornographic movie. This officer had neither heard nor viewed the movie at any time. However, the box containing the movie graphically depicted the pornographic nature of the movie. He then took the box containing the pornographic movie outside to another officer…