[Ord. No. 3312-01 §1, 11-28-2001]
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, but
excluding works of art or of anthropological significance.
[Ord. No. 4523-16 §1, 12-21-2016]
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.
[Ord. No. 4523-16 §1, 12-21-2016]
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 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. 4523-16 §1, 12-21-2016]
Any material or performance is obscene 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 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.
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.
[Ord. No. 4523-16 §1, 12-21-2016]
A.
A person commits the offense of promoting pornography for minors
or obscenity if, knowing its content or 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]
Note—Under certain circumstances this offense can be
a felony under state law.
[Ord. No. 4523-16 §1, 12-21-2016]
A.
A person commits the offense 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;
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.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
[Ord. No. 4523-16 §1, 12-21-2016]
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.
[Ord. No. 4523-16 §1, 12-21-2016]
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.
[Ord. No. 4523-16 §1, 12-21-2016]
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.
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 for possession of child pornography or promoting child
pornography, the determination that the person who participated in
the child pornography was younger than eighteen (18) years of age
may be made as set forth in Section 568.100, RSMo., or reasonable
inferences drawn by a judge or jury after viewing the alleged pornographic
material shall constitute sufficient evidence of the child's age to
support a conviction.
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.
[Ord. No. 4523-16 §1, 12-21-2016]
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.
B.
For purposes of this Section, each day there is a violation of this
Section shall constitute a separate offense.
