[R.O. 2008 § 215.487; R.O. 2007
§ 217.010; Ord. No. 4084 § 1, 7-14-2000]
The City of O'Fallon has the authority,
pursuant to the provisions of Sections 79.450 and 573.010 et seq.,
RSMo., to adopt and enforce reasonable regulations of businesses within
its City limits in regard to the display, lease or sale of patently
obscene materials.
[R.O. 2008 § 215.490; R.O. 2007
§ 217.020; Ord. No. 4084 § 2, 7-14-2000]
When used in this Article, the following
terms shall have the meanings set out herein:
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; provided,
however, that works of art or of anthropological significance shall
not be deemed to be within the foregoing definition.
To issue, sell, give, provide, lend, mail, deliver, transfer,
circulate, disseminate, present, exhibit or otherwise provide.
Anything printed or written, or any picture, drawing, photograph,
motion picture film, videotape or videotape production, or pictorial
representation, or any statue or other figure, or any recording or
transcription, or any mechanical, chemical or electrical reproduction,
or anything which is or may be used as a means of communication. "Material"
includes undeveloped photographs, molds, printing plates and other
latent representational objects.
Any person under the age of eighteen (18).
The showing of post-pubertal human genitals or pubic area,
buttocks, with less than a fully opaque covering.
Any material or performance if:
Applying contemporary community standards,
its predominant appeal is to prurient interest in sex;
Taken as a whole with the average
person applying contemporary community standards, it depicts or describes
sexual conduct in a patently offensive way; and
Taken as a whole, 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 average person applying contemporary
community standards would find that the material or performance has
an appeal to a prurient interest of minors;
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
to 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,
transmit, publish, distribute, circulate, disseminate, present, exhibit
or advertise, or to offer or agree to do the same.
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 acts including animals or any latent objects
in an act of apparent sexual stimulation or gratification.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
[R.O. 2008 § 215.500]
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.
[R.O. 2008 § 215.503; R.O. 2007
§ 217.030; Ord. No. 4084 § 3, 7-14-2000]
A.
A person commits the offense of public
display of material pornographic for minors if he or she knowingly:
1.
Displays material pornographic for
minors;
2.
Fails to take prompt action to remove
such a display from property in his or her possession after learning
of its existence;
3.
Fails to seal any material pornographic
for minors in wrappers only to be removed for adult inspection; or
4.
Fails to reasonably cover any material
pornographic for minors on its outside cover with opaque wrapping
or binder boards.
B.
Each day of violation of this Section shall
constitute a separate offense.
C.
A person commits the offense of promoting
pornography to minors if, knowing its content or character, he or
she:
[R.O. 2008 § 215.505]
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.
[R.O. 2008 § 215.507; R.O. 2007
§ 217.040; Ord. No. 4084 § 4, 7-14-2000]
A.
A person commits the offense of promoting
pornography or obscenity if, knowing its content or character, he
or she:
[R.O. 2008 § 215.510; R.O. 2007
§ 217.050; Ord. No. 4084 § 5, 7-14-2000]
Upon a complaint being filed with
the City of O'Fallon's Chief of Police about alleged violation of
any provision of this Chapter, a ten-day notice shall be sent to the
alleged violator by certified mail listing the specific materials
enumerated in the complaint, and if the complaint is not resolved
promptly, prosecution may proceed upon the determination of the City
or County Prosecutor.
[R.O. 2008 § 215.513; R.O. 2007
§ 217.060; Ord. No. 4084 § 6, 7-14-2000]
A.
In any prosecution under this Chapter,
evidence shall be admissible to show:
1.
What the predominant appeal of the
material or performance would be for ordinary adults, especially susceptible
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 promoter or furnisher
of the material or performance.
[R.O. 2008 § 215.515; R.O. 2007
§ 217.070; Ord. No. 4084 § 7, 7-14-2000]
A.
In any prosecution of any Section of this
Chapter, it is presumed that:
[R.O. 2008 § 215.517; R.O. 2007
§ 217.080; Ord. No. 4084 § 8, 7-14-2000]
A.
In any conviction of an offense under any
Section of this Chapter, punishment shall be assessed by a fine of
not more than five hundred dollars ($500.00) or by the imprisonment
of not more than three (3) months, or both such fine and imprisonment.
B.
Any person or entity operating a business
pursuant to a license issued by the City of O'Fallon, Missouri, who
is convicted of violating any provision of this Chapter or a similar
State Statute shall lose said license for a period of one (1) year
from the date of conviction and will be otherwise ineligible to reapply
for said license until the expiration of said one-year period. For
purposes of this Chapter, a plea bargain from the original charge
to a lesser or unrelated charge, or a suspended imposition of sentence,
shall be deemed a conviction for violating this Chapter.
[R.O. 2008 § 215.519; R.O. 2007
§ 217.090; Ord. No. 4084 § 9, 7-14-2000]
The location and distance of businesses that provide, sell or lease pornography, or other obscene material, are regulated pursuant to Chapter 400, Zoning Code, of this Code of the City of O'Fallon.
