[Ord. No. 91-26 §7, 3-6-1991]
In accordance with RSMo. Section 573.010 or as hereinafter may
be amended, as used in this Article the following terms shall mean:
CHILD PORNOGRAPHY
Any material or performance depicting sexual conduct, sexual
contact, or a sexual performance as these terms are defined in RSMo.
Section 556.061, and which has as one of its participants or portrays
as an observer of such conduct, contact, or performance a child under
the age of eighteen (18); provided that it shall not include material
which is not the visual reproduction of a live event.
DISPLAYS PUBLICLY
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.
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; provided
however, that works of art or of anthropological significance shall
not be deemed to be within the foregoing definition.
FURNISH
To issue, sell, give, provide, lend, mail, deliver, transfer,
circulate, disseminate, present, exhibit or otherwise provide.
MATERIAL
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 recordings 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.
MINOR
Any person under the age of eighteen (18).
NUDITY
The showing of post-pubertal human genitals or pubic area,
with less than a fully opaque covering.
OBSCENE
Any material or performance is obscene if:
1.
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex; and
2.
Taken as a whole with the average person, applying contemporary
community standards, it depicts or describes sexual conduct in a patently
offensive way; and
3.
Taken as a whole, it lacks serious literary, artistic, political
or scientific value.
PERFORMANCE
Any play, motion picture film, videotape, dance or exhibition
performed before an audience of one 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; and
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 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.
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;
Note: Under RSMo. Section 573.020, until
amended or revised, the wholesale promotion of pornographic material
is a Class D felony and cannot be enacted at a municipal level. See
RSMo. Section 573.080.
WHOLESALE PROMOTE
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.
[Ord. No. 91-26 §8, 3-6-1991]
A. In
accordance with RSMo. Section 573.030 or as hereinafter may be amended,
a person commits the crime of promoting pornography for minors or
obscenity in the second degree if, knowing its content or character,
he:
1. Promotes or possesses with the purpose to promote any obscene materials
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.
[Ord. No. 90-45 §8-125, 5-2-1990]
A. A person
commits the offense of furnishing pornographic material to minors
if, knowing its content and character, he:
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.
[Ord. No. 91-26 §9, 3-6-1991]
A. In
accordance with RSMo. Section 573.037 or as hereinafter amy be amended,
a person commits the offense of possession of child pornography if
he knowingly;
1. Possesses or controls any obscene material that has a minor as one
of its participants or portrays as an observer of sexual conduct,
sexual contact or a sexual performance a minor; or
2. Possesses or controls any material that shows a minor participating
or engaging in sexual conduct.
[Ord. No. 91-26 §10, 3-6-1991]
A. In accordance with RSMo. Section 573.090 or as hereinafter may be amended, video cassettes or other video reproduction devices, or the jackets, cases or coverings of such video reproduction devices shall be displayed or maintained in a separate area if the same are pornographic for minors as defined in Section
205.690, 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 under the age of seventeen
(17); 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 under the age of seventeen (17); and
3. Taken as a whole, it lacks serious literary, artistic, political,
or scientific value for persons under the age of seventeen (17).
Any video cassettes or other video reproduction devices meeting the description in Subsection
(1) of this Section shall not be rented or sold to a person under the age of seventeen (17) years.
B. Penalties. Any violation of the provisions of Subsection (1) or (2) of this Section shall be punishable as an infraction, unless such violation constitutes furnishing pornographic materials to minors as defined in Section
205.710, in which case it shall be punishable under Chapter
100, Section
100.080 of this Code.
[Ord. No. 91-26 §11, 3-6-1991]
A. As
used in this Section, the following terms mean:
INDECENT
Language or material that depicts or describes, in terms
patently offensive as measured by contemporary community standards,
sexual or excretory activities or organs;
OBSCENE
Any comment, request, suggestion or proposal is obscene if:
1.
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex; and
2.
Taken as a whole with respect to the average person, applying
contemporary community standards, it depicts or describes sexual conduct
in a patently offensive way; and
3.
Taken as a whole, it lacks serious literary, artistic, political
or scientific value.
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Obscenity shall be judged with reference to its impact upon
ordinary adults.
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B. It
shall be unlawful for any person, by means of a telephone communication
for commercial purposes, to make directly or by means of an electronic
recording device, any comment, request, suggestion, or proposal which
is obscene or indecent. Any person who makes any such comment, request,
suggestion, or proposal shall be in violation of the provisions of
this Section regardless of whether such person placed or initiated
the telephone call.
C. It shall be unlawful for any person to permit knowingly any telephone or telephone facility connected to a local exchange telephone under such person's control to be used for any purpose prohibited by Subsection
(A) of this Section.
D. For
purposes of this Subsection, each violation constitutes a separate
offense.
E. The
prohibitions contained herein are not applicable to a telecommunications
company as defined in RSMo. Section 386.020, over whose facilities
prohibited communications may be transmitted.
[Ord. No. 90-45 §8-130, 5-2-1990]
A. A person
commits the offense of public display of explicit sexual material
if he knowingly:
1. Displays publicly explicit sexual material.
2. Fails to take prompt action to remove such a display from property
in his possession after learning of its existence.
[Ord. No. 91-26 §12, 3-6-1991]
A. In
accordance with RSMo. Section 573.050 or as hereinafter may be amended,
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 or minors;
2. The literary, artistic, political or scientific value of the material
or performance;
3. 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 in the first or second degree, 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 RSMo. Section
568.100, 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.