[Ord. No. 5349 § 1, 12-19-2016[1]]
When used in this Article, the following terms shall have the
meanings set out herein:
Any obscene material or performance depicting sexual conduct,
sexual contact or a sexual performance and which has a minor as one
(1) of its participants or portrays a minor as an observer of such
conduct, contact or performance, including but not limited to any
visual depiction meeting the criteria established in Section 573.010(4)(b)a-c
and 573.010(27), RSMo.
Any pictorial or three-dimensional material depicting human
masturbation, deviate sexual intercourse, sexual intercourse, direct
physical stimulation or unclothed genitals, sadomasochistic abuse,
or emphasizing the depiction of post pubertal human genitals, but
excluding works of art or of anthropological significance.
To issue, sell, give, provide, lend, mail, deliver, transfer,
circulate, disseminate, present, exhibit or otherwise provide.
Language or material that depicts or describes, in terms
patently offensive as measured by contemporary community standards,
sexual or excretory activities or organs.
Anything printed or written, or any picture, drawing, photograph,
motion picture film, videotape or videotape production, or pictorial
representation, or any recording or transcription, or any mechanical,
chemical or electrical reproduction, or stored computer data, or anything
which is or may be used as a means of communication. "Material" includes
undeveloped photographs, molds, printing plates, stored computer data,
and other latent representational objects.
Any person less than eighteen (18) years of age.
The showing of the human genitals, pubic area, vulva, anus,
anal cleft, or the female breast with less than a fully opaque fabric
covering of any part of the nipple or areola. Body paint shall not
qualify as fabric.
Any material, comment, request, suggestion, proposal, or
performance if, taken as a whole, and judged with reference to its
impact on ordinary adults:
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex; and
With respect to the average person, applying contemporary community
standards, it depicts or describes sexual conduct in a patently offensive
way; and
It lacks serious literary, artistic, political or scientific
value.
Any play, motion picture film, videotape, dance or exhibition
performed before an audience of one (1) or more.
Any material or performance if the following apply:
The average person, applying contemporary community standards,
would find that the material or performance, taken as a whole, has
a tendency to cater or appeal to a prurient interest of minors;
The material or performance depicts or describes nudity, sexual
conduct, the condition of human genitals when in a state of sexual
stimulation or arousal, or sadomasochistic abuse in a way which is
patently offensive to the average person applying contemporary adult
community standards with respect to what is suitable for minors; and
The material or performance, taken as a whole, lacks serious
literary, artistic, political or scientific value for minors.
To manufacture, issue, sell, provide, mail, deliver, transfer,
transmute, publish, distribute, circulate, disseminate, present, exhibit
or advertise, or to offer or agree to do the same, by any means including
a computer.
Flagellation or torture by or upon a person as an act of
sexual stimulation or gratification.
Actual or simulated, normal or perverted acts of human masturbation;
deviate sexual intercourse; sexual intercourse; or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks,
or the breast of a female in an act of apparent sexual stimulation
or gratification; or any sadomasochistic abuse or acts including animals
or any latent objects in an act of apparent sexual stimulation or
gratification.
[1]
State Law Reference: See Sections 573.010 and 573.100, RSMo.
[Ord. No. 5349 § 1, 12-19-2016[1]]
A.
A person commits the offense of promoting pornography if, knowing
of its content and character, he or she:
1.
Promotes or possesses with the purpose to promote any obscene
materials for pecuniary gain;
2.
Produces, presents, directs or participates in any obscene performance
for pecuniary gain;
3.
Promotes or possesses with the purpose to promote any material
pornographic for minors for pecuniary gain;
4.
Produces, presents, directs or participates in any performance
pornographic for minors for pecuniary gain; or
5.
Promotes, possesses with the purpose to promote, produces, presents,
directs or participates in any performance that is pornographic for
minors via computer, electronic transfer, Internet or computer network
if the person made the matter available to a specific individual known
by the defendant to be a minor.
[1]
State Law Reference: See Sections 573.020, 573.030 and 573.065,
RSMo.
[Ord. No. 5349 § 1, 12-19-2016[1]]
A person commits the offense of promoting child pornography
if, knowing of its content and character, such person possesses with
the intent to promote or promotes child pornography or obscene material
portraying what appears to be a minor.
[1]
State Law Reference: See Sections 573.025 and 573.035, RSMo.
[Ord. No. 5349 § 1, 12-19-2016[1]]
A person commits the offense of possession of child pornography
if such person knowingly or recklessly possesses any child pornography
or obscene material portraying what appears to be a minor.
[1]
State Law Reference: See Section 573.037, RSMo.
[Ord. No. 5349 § 1, 12-19-2016[1]]
A person commits the offense of sexual exploitation of a minor
if such person knowingly or recklessly photographs, films, videotapes,
produces, or otherwise creates obscene material with a minor or child
pornography.
[1]
State Law Reference: See Section 573.023, RSMo.
[Ord. No. 5349 § 1, 12-19-2016[1]]
A person commits the offense of use of a child in a sexual performance
if, knowing the character and content thereof, the person employs,
authorizes, or induces another person less than eighteen (18) years
of age to engage in a performance which includes sexual conduct or,
being a parent, legal guardian, or custodian of such a person less
than eighteen (18) years of age, consents to their participation in
such sexual performance.
[1]
State Law Reference: See Section 573.200, RSMo.
[Ord. No. 5349 § 1, 12-19-2016[1]]
A person commits the offense of promoting a sexual performance
by a child if, knowing the character and content thereof, the person
promotes a performance which includes sexual conduct by a person less
than eighteen (18) years of age or produces or directs any performance
which includes sexual conduct by a person less than eighteen (18)
years of age.
[1]
State Law Reference: See Section 573.205, RSMo.
[Ord. No. 5349 § 1, 12-19-2016[1]]
A person commits the offense of failure to report child pornography
if he or she, being a commercial film or photographic print processor,
computer provider, installer or repair person, or any internet service
provider who has knowledge of or observes, within the scope of the
person's professional capacity or employment, any film, photograph,
videotape, negative, slide, or computer-generated image or picture
depicting a person under eighteen (18) years of age engaged in an
act of sexual conduct, fails to report such instance to the City Police
Department as soon as practicably possible.
[1]
State Law Reference: See Section 573.215, RSMo.
[Ord. No. 5349 § 1, 12-19-2016[1]]
A.
A person commits the offense of furnishing pornographic material
to minors if, knowing of its content and character, he or she:
1.
Furnishes any material pornographic for minors knowing that
the person to whom it is furnished is a minor or acting in reckless
disregard of the likelihood that such person is a minor;
2.
Produces, presents, directs or participates in any performance
pornographic for minors that is furnished to a minor knowing that
any person viewing such performance is a minor or acting in reckless
disregard of the likelihood that a minor is viewing the performance;
or
3.
Furnishes, produces, presents, directs, participates in any
performance or otherwise makes available material that is pornographic
for minors via computer, electronic transfer, Internet or computer
network if the person made the matter available to a specific individual
known by the defendant to be a minor.
B.
It
is not a defense to prosecution for a violation of this Section that
the person being furnished the pornographic material is a Peace Officer
masquerading as a minor.
C.
Video
cassettes or other video reproduction devices, and the jackets, cases
or coverings of such video reproduction devices, shall not be rented
or sold to a person less than seventeen (17) years of age and at any
place of business in the City shall be displayed and maintained in
a separate area not accessible to persons less than seventeen (17)
years of age, if they are pornographic for minors or if: (1) taken
as a whole and applying contemporary community standards, the average
person would find that it has a tendency to cater or appeal to morbid
interest in violence for persons less than seventeen (17) years of
age; and (2) it depicts violence in a way which is patently offensive
to the average person applying contemporary adult community standards
with respect to what is suitable for persons less than seventeen (17)
years of age; and (3) taken as a whole, it lacks serious literary,
artistic, political, or scientific value for persons less than seventeen
(17) years of age.
[1]
State Law Reference: See Sections 573.040 and 573.090, RSMo.
[Ord. No. 5349 § 1, 12-19-2016[1]]
A.
A person commits the offense of public display of explicit sexual
material if he or she recklessly:
1.
Exposes, places, exhibits, or in any fashion, displays explicit
sexual material in any location, whether public or private, and in
such a manner that it may be readily seen and its content or character
distinguished by normal unaided vision as viewed from a street, highway,
public sidewalk, or the property of others, or from any portion of
the person's store, the exhibitor's store or property when items and
materials other than this material are offered for sale or rent to
the public; or
2.
Fails to take prompt action to remove such a display from property
in his or her possession after learning of its existence.
[1]
State Law Reference: See Section 573.060, RSMo.
[Ord. No. 5349 § 1, 12-19-2016[1]]
A.
In any prosecution under this Article evidence shall be admissible
to show:
1.
What the predominant appeal of the material or performance would
be for ordinary adults or minors;
2.
The literary, artistic, political or scientific value of the
material or performance;
3.
The degree of public acceptance in this State and in the local
community;
4.
The appeal to prurient interest in advertising or other promotion
of the material or performance;
5.
The purpose of the author, creator, promoter, furnisher or publisher
of the material or performance.
B.
Testimony of the author, creator, promoter, furnisher, publisher
or expert testimony, relating to factors entering into the determination
of the issues of obscenity or child pornography, shall be admissible.
C.
In any prosecution under this Article, when it becomes necessary
to determine a person's age, the court may make such determination
by any authorized method.
D.
In any prosecution for promoting child pornography, no showing is
required that the performance or material involved appeals to prurient
interest, that it lacks serious literary, artistic, political or scientific
value or that it is patently offensive to prevailing standards in
the community as a whole.
[1]
State Law Reference: See Section 573.050, RSMo.
[Ord. No. 5349 § 1, 12-19-2016[1]]
A person commits the offense of obscene or indecent commercial
messaging if he or she, by means of a telephone communication for
commercial purposes, makes directly or by means of an electronic recording
device, any comment, request, suggestion, or proposal which is obscene
or indecent, or knowingly permits any telephone or telephone facility
connected to a local exchange telephone under such person's control
to be used for obscene or indecent commercial messaging, in either
case regardless of whether such person placed or initiated the telephone
communication. This Section is not applicable to a telecommunications
company as defined in Section 386.020, RSMo., over whose facilities
the prohibited communication is made by someone else.
[1]
State Law Reference: See Section 573.100, RSMo.
