When used in this Article, the following terms shall have the
meanings set out herein:
Any obscene material or performance depicting sexual conduct,
sexual contact as defined in Section 566.010, RSMo., or a sexual performance
and which has as one (1) of its participants or portrays as an observer
of such conduct, contact, or performance a minor; 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, in that the depiction
is such that an ordinary person viewing the depiction would conclude
that the depiction is of an actual minor engaged 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. "Identifiable minor" means a person who was a minor at the
time the visual depiction was created, adapted, or modified; or whose
image as a minor was used in creating, adapting, or modifying the
visual depiction; and who is recognizable as an actual person by the
person's face, likeness, or other distinguishing characteristic, such
as a unique birthmark or other recognizable feature. The term "identifiable
minor" shall not be construed to require proof of the actual identity
of the identifiable minor.
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.
[R.O. 2009 §18-111; Ord. No. 2425 §1, 3-9-1994]
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 postpubertal human genitals; provided
however, that works of art or of anthropological significance shall
not be deemed to be within the foregoing definition.
[R.O. 2009 §18-111; Ord. No. 2425 §1, 3-9-1994]
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 less than eighteen (18) years of age.
The showing of the human genitals, pubic area, vulva, anus,
anal cleft, or the female breast with less than a fully opaque covering
of any part of the nipple or areola.
Any material or performance if, taken as a whole:
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex; and
The average person, applying contemporary community standards,
would find the material depicts or describes sexual conduct in a patently
offensive way; and
A reasonable person would find the material 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 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; and
The material or performance depicts or describes nudity, sexual
conduct, the condition of human genitals when in a state of sexual
stimulation or arousal 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.
A.
A person commits the offense of promoting pornography for minors
or obscenity if, knowing of its content and character, he/she:
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; 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.
A person commits the offense of furnishing pornographic material
to minors if, knowing of 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; 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.
B.
It is not a defense to a prosecution for a violation of this Section
that the person being furnished the pornographic material is a Peace
Officer masquerading as a minor.
C.
The offense of furnishing pornographic material to minors or attempting
to furnish pornographic material to minors is an ordinance violation.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A person commits the offense 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
of a minor under the age of eighteen (18) or obscene material portraying
what appears to be a minor under the age of eighteen (18).
A person commits the ordinance violation of possession of child
pornography if such person knowingly or recklessly possesses any child
pornography of a minor under the age of eighteen (18) or obscene material
portraying what appears to be a minor under the age of eighteen (18).
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
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 material 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.
The
offense of public display of explicit sexual material is an ordinance
violation.
C.
For
purposes of this Section, each day there is a violation of this Section
shall constitute a separate offense.
[R.O. 2009 §18-117; Ord. No. 2425 §1, 3-9-1994]
A.
A
person commits the offense of coercing acceptance of obscenity or
material pornographic for minors if, he/she:
1.
Requires acceptance of obscene material or material pornographic
for minors as a condition to any sale, allocation, consignment or
delivery of any other material; or
2.
Denies any franchise or imposes any penalty, financial or otherwise,
by reason of the failure or refusal of any person to accept any material
obscene or pornographic for minors.
[R.O. 2009 §18-118; Ord. No. 2425 §1, 3-9-1994]
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 or minors;
2.
The literary, artistic, political or scientific value of the material
or performance;
3.
The degree of public acceptance (not tolerance) 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 or publisher or expert
testimony, related 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 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.
Otherwise the reasonable inferences drawn by a judge or jury
after reviewing 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.
[R.O. 2009 §18-119; Ord. No. 2425 §1, 3-9-1994]
In any prosecution of any Section of this Chapter, it is presumed
that promotion or possession of material with the intent to promote
it in the course of doing business is presumed to have been done so
knowingly.
A.
Whenever
material or a performance is being or is about to be promoted, furnished
or displayed in violation of this Chapter, a civil action may be instituted
in the Circuit Court by the prosecuting or Circuit Attorney or by
the City Attorney of any City, Town or Village 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 of the
material or performance.
B.
Such
an action may be brought only in the Circuit Court of the County in
which any such person resides, or where the violation is taking place
or 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 beginning within one (1) week
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.
