[R.O. 1996 § 220.300; Ord. No. 3604 § 1, 10-6-2003]
As used in this Article, the following terms shall have the
meanings set forth herein:
DEVIATE SEXUAL INTERCOURSE
Any act involving the genitals of one person and the hand,
mouth, tongue or anus of another person or a sexual act involving
the penetration, however slight, of the penis, female genitalia, or
the anus by a finger, instrument or object done for the purpose of
arousing or gratifying the sexual desire of any person or for the
purpose of terrorizing the victim.
SEXUAL CONDUCT
Sexual intercourse, deviate sexual intercourse or sexual
contact.
SEXUAL CONTACT
Any touching of another person with the genitals or any touching
of the genitals or anus of another person, or the breast of a female
person, or such touching through the clothing, or causing semen, seminal
fluid, or other ejaculate to come into contact with another person,
for the purpose of arousing or gratifying the sexual desire of any
person or for the purpose of terrorizing the victim.
[Ord. No. 5187, 2-6-2023]
A person commits the offense of sexual
misconduct if they:
A. Have
deviate sexual intercourse with another person without that person’s
consent;
[Ord. No. 5048, 9-20-2021]
B. Purposely
subject another person to sexual contact or engage in conduct which
would constitute sexual contact except that the touching occurs through
the clothing without that person's consent;
C. Expose
their genitals under circumstances in which they know that their conduct
is likely to cause affront or alarm;
D. Have
sexual contact in the presence of a third person or persons under
circumstances in which they know that such conduct is likely to cause
affront or alarm; or
E. Solicit
or request another person to engage in sexual conduct under circumstances
in which they know that their requests or solicitations are likely
to cause affront or alarm.
[Ord. No. 5048, 9-20-2021]
A. As used in this Section and in Section
220.315 the following terms mean:
COMPUTER
A device that accepts, processes, stores, retrieves, or outputs
data, and includes, but is not limited to, auxiliary storage and telecommunications
devices connected to computers.
COMPUTER PROGRAM
A series of coded instructions or statements in a form acceptable
to a computer that causes the computer to process data and supply
the results of the data processing.
DATA
A representation in any form of information, knowledge, facts,
concepts, or instructions, including, but not limited to, program
documentation, that is prepared or has been prepared in a formalized
manner and is stored or processed in or transmitted by a computer
or in a system or network. Data is considered property and may be
in any form, including, but not limited to, printouts, magnetic or
optical storage media, punch cards, data stored internally in the
memory of the computer, or data stored externally that is accessible
by the computer.
IMAGE
A photograph, film, videotape, digital recording, or other
depiction or portrayal of an object, including a human body.
INTIMATE PARTS
The fully unclothed, partially unclothed, or transparently
clothed genitals, pubic area, or anus or, if the person is female,
a partially or fully exposed nipple, including exposure through transparent
clothing.
PRIVATE MOBILE RADIO SERVICES
Private land mobile radio services and other communications
services characterized by the Public Service Commission as private
mobile radio services.
PUBLIC MOBILE SERVICES
Air-to-ground radio telephone services, cellular radio telecommunications
services, offshore radio, rural radio services, public land mobile
telephone services, and other common carrier radio communications
services.
SEXUAL ACT
Sexual penetration, masturbation, or sexual activity.
SEXUAL ACTIVITY
Any:
1.
Knowing touching or fondling by the victim or another person
or animal, either directly or through clothing, of the sex organs,
anus, or breast of the victim or another person or animal for the
purpose of sexual gratification or arousal;
2.
Transfer or transmission of semen upon any part of the clothed
or unclothed body of the victim for the purpose of sexual gratification
or arousal of the victim or another;
3.
Act of urination within a sexual context;
4.
Bondage, fetter, sadism, or masochism; or
5.
Sadomasochism abuse in any sexual context.
B. A person
commits the offense of non-consensual dissemination of private sexual
images if he or she:
1. Intentionally disseminates an image with the intent to harass, threaten,
or coerce another person:
a. Who is at least eighteen (18) years of age;
b. Who is identifiable from the image itself or information displayed
in connection with the image; and
c. Who is engaged in a sexual act or whose intimate parts are exposed,
in whole or in part;
2. Obtains the image under circumstances in which a reasonable person
would know or understand that the image was to remain private; and
3. Knows or should have known that the person in the image did not consent
to the dissemination.
C. The
following activities are exempt from the provisions of this Section:
1. The intentional dissemination of an image of another identifiable
person who is engaged in a sexual act or whose intimate parts are
exposed if the dissemination is made for the purpose of a criminal
investigation that is otherwise lawful;
2. The intentional dissemination of an image of another identifiable
person who is engaged in a sexual act or whose intimate parts are
exposed if the dissemination is for the purpose of, or in connection
with, the reporting of unlawful conduct;
3. The intentional dissemination of an image of another identifiable
person who is engaged in a sexual act or whose intimate parts are
exposed if the image involves voluntary exposure in a public or commercial
setting; or
4. The intentional dissemination of an image of another identifiable
person who is engaged in a sexual act or whose intimate parts are
exposed if the dissemination serves a lawful public purpose.
D. Nothing
in this Section shall be construed to impose liability upon the following
entities solely as a result of content or information provided by
another person:
1. An interactive computer service, as defined in 47 U.S.C. Section
230(f)(2);
2. A provider of public mobile services or private mobile radio services;
or
3. A telecommunications network or broadband provider.
[Ord. No. 5048, 9-20-2021]
A. A person
commits the offense of threatening the non-consensual dissemination
of private sexual images if he or she gains or attempts to gain anything
of value, or coerces or attempts to coerce another person to act or
refrain from acting, by threatening to disseminate an image of another
person, which was obtained under circumstances in which a reasonable
person would know or understand that the image was to remain private,
against the will of such person:
1. Who is at least eighteen (18) years of age;
2. Who is identifiable from the image itself or information displayed
in connection with the image; and
3. Who is engaged in a sexual act or whose intimate parts are exposed,
in whole or in part.
[R.O. 1996 § 220.320; CC 1968 § 14-84; Ord. No. 1147 § 1, 4-12-1982]
It shall be unlawful for any person
to be found in the City trespassing upon the premises of another whereon
is located a dwelling house during the hours between one (1) hour
after sunset and one (1) hour before sunrise, such person being upon
such premises and being then and there engaged in peeping or peering
into such dwelling house, or being upon such premises with the intention
of peeping or peering into such dwelling house.
[R.O. 1996 § 220.325; CC 1968 § 14-85; Ord. No. 1147 § 1, 4-12-1982]
As used in Sections
220.330 through
220.345 the following definitions apply:
PATRONIZING PROSTITUTION
A person is "patronizing prostitution" if:
1.
Pursuant to a prior understanding
they give something of value to another person as compensation for
that person or a third person having engaged in sexual conduct with
them or with another;
2.
They give or agree to give something
of value to another person on an understanding that in return therefor
that person or a third person will engage in sexual conduct with them
or with another; or
3.
They solicit or request another person
to engage in sexual conduct with them or with another, or to secure
a third person to engage in sexual conduct with them or with another,
in return for something of value.
PROSTITUTION
A person commits "prostitution" if they engage or offer or
agree to engage in sexual conduct with another person in return for
something of value to be received by the person or by a third person.
SEXUAL CONDUCT
When there is:
[Ord. No. 4638 § 8, 12-19-2016]
1.
DEVIATE SEXUAL INTERCOURSEAny sexual act involving the genitals of one (1) person and the mouth, tongue, or anus of another person; or any act involving the penetration, however slight, of the penis of the female genitalia, or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim.
2.
SEXUAL CONTACTAny touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person or for the purpose of terrorizing the victim.
SOMETHING OF VALUE
Any money or property, or any token, object, or article exchangeable
for money or property.
[R.O. 1996 § 220.330; CC 1968 § 14-86; Ord. No. 1147 § 1, 4-12-1982]
A person commits the offense of prostitution
if they perform an act of prostitution.
[R.O. 1996 § 220.335; CC 1968 § 14-87; Ord. No. 1147 § 1, 4-12-1982]
A person commits the offense of patronizing
prostitution if they patronize prostitution.
[R.O. 1996 § 220.345; CC 1968 § 14-89; Ord. No. 1147 § 1, 4-12-1982]
A. Any room, building, or other structure regularly used for sexual contact for pay as defined in Section
220.325 or any unlawful prostitution activity prohibited by this Article is a public nuisance.
B. The City Prosecutor may, in addition to
all sanctions contained in this Article, prosecute a suit in equity
to enjoin the nuisance. Such suit shall be prosecuted pursuant to
Section 567.080, RSMo.
[R.O. 1996 § 220.350; CC 1968 § 14-193; Ord. No. 2290 § 1, 12-7-1992]
A. A person who knowingly or intentionally,
in a public place, to include, but not be limited to, indoor and outdoor
entertainment establishments, restaurants, theaters, bars, bookstores,
and places of public accommodation where one (1) or more other persons
is present:
1.
Engages in sexual intercourse;
2.
Engages in deviate sexual conduct;
3.
Appears in a state of nudity; or
4.
Fondles the genitals of themselves
or another person;
commits the unlawful act of public indecency and is subject to punishment pursuant to Section 100.080 of this Code.
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B. "Nudity" means the showing of the human
male or female genitals, pubic area, or buttocks with less than a
fully opaque covering, the showing of the female breast with less
than a fully opaque covering of any part of the nipple or areola,
or the showing of the covered male genitals in a discernible turgid
state.