[1]
State Law Reference—Pornography and related offenses,
ch. 573, RSMo.
[R.O. 2005 §18-111; CC 1997 §18-111]
As used in this Article, the following terms shall mean:
Any obscene material or performance depicting sexual conduct,
sexual contact, or a sexual performance, as these terms are defined
in Section 556.061, RSMo., and which has as one of its participants
or portrays as an observer of such conduct, contact, or performance
a minor under the age of eighteen; or
Any visual depiction, including any photograph, film, video,
picture, or computer or computer-generated image or picture, whether
made or produced by electronic, mechanical, or other means, of sexually
explicit conduct where:
The production of such visual depiction involves the use of
a minor engaging in sexually explicit conduct;
Such visual depiction is a digital image, computer image, or
computer-generated image that is, or is indistinguishable from, that
of a minor engaging in sexually explicit conduct; or
Such visual depiction has been created, adapted, or modified
to show that an identifiable minor is engaging in sexually explicit
conduct.
Exposing, placing, posting, exhibiting, or in any fashion
displaying in any location, whether public or private, an item in
such a manner that it may be readily seen and its content or character
distinguished by normal unaided vision viewing it from a street, highway
or public sidewalk, or from the property of others or from any portion
of the person's store, or the exhibitor's store or property when items
and material other than this material are offered for sale or rent
to the public.
Any pictorial or three-dimensional material depicting human
masturbation, deviate sexual intercourse, sexual intercourse, direct
physical stimulation of 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 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 under the age of eighteen (18).
The showing of post-pubertal human genitals or pubic area,
with less than a fully opaque covering.
Any play, motion picture film, videotape, dance or exhibition
performed before an audience of one (1) or more.
Any material or performance is "pornographic" if, considered
as a whole, applying contemporary community standards:
Its predominant appeal is to prurient interest in sex; and
It depicts or describes sexual conduct in a patently offensive
way; and
It lacks serious literary, artistic, political or scientific
value.
In determining whether any material or performance is pornographic,
it shall be judged with reference to its impact upon ordinary adults.
Any material or performance is pornographic for minors 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, 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
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.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
To manufacture, issue, sell, provide, mail, deliver, transfer,
transmute, publish, distribute, circulate, disseminate, or to offer
or agree to do the same for purposes of resale or redistribution.
[1]
State Law Reference—Similar provisions, §573.010,
RSMo.
A.
A person
commits the crime of promoting pornography for minors or obscenity
in the second degree if, knowing its content or character, he or she:
1.
Promotes or possesses with the purpose to promote any obscene material
for pecuniary gain; or
2.
Produces, presents, directs or participates in any obscene performance
for pecuniary gain; or
3.
Promotes or possesses with the purpose to promote any material pornographic
for minors for pecuniary gain; or
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.
A person commits the crime of promoting child pornography in
the second degree if knowing of its content and character such person
possesses with the intent to promote or promotes child pornography
or obscene material that has a minor as one of its participants, or
portrays what appears to be a minor as a participant or observer of
sexual conduct.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
A.
A person
commits the crime of furnishing pornographic material to minors if,
knowing 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; or
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.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
[R.O. 2005 §18-114; CC 1997 §18-114]
A.
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 pornography shall be admissible.
[1]
State Law Reference—Similar provisions, §573.050,
RSMo.
[R.O. 2005 §18-116; CC 1997 §18-116]
A.
Whenever material or a performance is being or is about to be promoted, furnished or displayed in violation of Sections 210.490 through 210.510, a civil action may be instituted in the Circuit Court by the Prosecuting or Circuit Attorney or by the City Attorney against any person violating or about to violate those Sections in order to obtain a declaration that the promotion, furnishing or display of such material or performance is prohibited. Such an action may also seek an injunction appropriately restraining promotion, furnishing or display.
B.
Such
an action may be brought only in the Circuit Court of the County in
which any such person resides or where the promotion, furnishing or
display is taking place or is about to take place.
C.
Any
promoter, furnisher or displayer of, or a person who is about to be
a promoter, furnisher or displayer of, the material or performance
involved may intervene as of right as a party defendant in the proceedings.
D.
The
trial court and the Appellate Court shall give expedited consideration
to actions and appeals brought under this Section. The defendant shall
be entitled to a trial of the issues within one (1) day after joinder
of issue and a decision shall be rendered by the court within two
(2) days of the conclusion of the trial. No restraining order or injunction
of any kind shall be issued restraining the promotion, furnishing
or display of any material or performance without a prior adversary
hearing before the court.
E.
A final
declaration obtained pursuant to this Section may be used to form
the basis for an injunction and for no other purpose.
F.
All
laws regulating the procedure for obtaining declaratory judgments
or injunctions which are inconsistent with the provisions of this
Section shall be inapplicable to proceedings brought pursuant to this
Section. There shall be no right to jury trial in any proceedings
under this Section.
[1]
State Law Reference—Similar provisions, §573.070,
RSMo.
