City of Bridgeton, MO Article XI Pornography

Section 205.690 Definitions. [1]

[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.

[1] State Law Reference — Sexual offenses, RSMo. Ch. 566; pornography and related offenses, RSMo. Ch. 573, Definitions, RSMo. §573.010.

Section 205.700 Promoting Pornography. [1]

[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.

[1] State Law Reference — Similar provisions, RSMo. §573.030 (1).

Section 205.710 Furnishing Pornographic Materials To Minors. [1]

[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.

[1] State Law Reference — Similar provisions, RSMo. §573.040 (1).

Section 205.720 Possession of Child Pornography.

[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.

Section 205.730 Video Cassettes, Morbid Violence, To Be Kept in Separate Area — Sale or Rental To Persons Under Seventeen Prohibited — Penalties.

[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.

Section 205.740 Telephones, Obscene or Indecent Commercial Messages, Direct or Electronic Recording.

[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.

Obscenity shall be judged with reference to its impact upon ordinary adults.

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.

Section 205.750 Public Display of Explicit Sexual Material. [1]

[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.

[1] State Law Reference — Similar provisions, RSMo. §573.060.

Section 205.760 Evidence in Obscenity and Child Pornography Cases. [1]

[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.

[1] State Law Reference — Similar provisions, RSMo. §573.050.