When used in this Article, the following terms shall have the meanings set out herein:
EXPLICIT SEXUAL MATERIAL
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.
[Ord. No. 6466 § 1, 1-10-2017]
FURNISH
To issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide.
INDECENT
Language or material that depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs.
[Ord. No. 6466 § 1, 1-10-2017]
MATERIAL
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.
MINOR
Any person under the age of eighteen (18).
NUDITY or STATE OF NUDITY
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.
[Ord. No. 6466 § 1, 1-10-2017]
OBSCENE
Any material or performance is obscene if, taken as a whole:
1. 
Applying contemporary community standards, its predominant appeal is to prurient interest in sex;
2. 
The average person, applying contemporary community standards, would find the material depicts or describes sexual conduct in a patently offensive way; and
3. 
A reasonable person would find the material lacks serious literary, artistic, political or scientific value.
PERFORMANCE
Any play, motion picture film, videotape, dance or exhibition performed before an audience of one (1) or more.
PORNOGRAPHIC FOR MINORS
Any material or performance is pornographic for minors if the following apply:
1. 
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;
2. 
The material or performance depicts or describes nudity, sexual conduct, sexual excitement 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
3. 
The material or performance, taken as a whole, lacks serious literary, artistic, political or scientific value for minors.
PROMOTE
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.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
SEXUAL CONDUCT
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.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
A. 
A person commits the offense of promoting pornography for minors or obscenity if, knowing its content or character, he/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]
Note—Under certain circumstances this offense can be a felony under state law.
[Ord. No. 6466 § 1, 1-10-2017]
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.
A. 
A person commits the offense of furnishing pornographic material to minors if, knowing its content and character, he/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.
[Ord. No. 6466 § 1, 1-10-2017]
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.
[Ord. No. 6466 § 1, 1-10-2017]
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.
[Ord. No. 6466 § 1, 1-10-2017]
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.