City of Blue Springs, MO Article VII Pornography/Obscenity

Section 220.450 Definitions.

[R.O. 1996 § 220.450; CC 1968 § 14-120; Ord. No. 1147 § 1, 4-12-1982; Ord. No. 1671 §§ 1 — 2, 9-8-1987]

When used in this Article, the following terms shall have the meanings set out herein:

EXPLICIT SEXUAL MATERIAL

Any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation of 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 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.

MINOR

Any person less than eighteen (18) years of age.

NUDITY or STATE OF NUDITY

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.

OBSCENE

Any material or performance if, taken as a whole:

1. Applying contemporary community standards, its predominant appeal is to prurient interest in sex; and

2. The average person, applying contemporary community standards, would find the material depicts or describes sexual conduct in a patently offensive way; and

3. A reasonable person would find the material lacks serious literary, artistic, political or scientific value.

PERFORMANCE

Any play, motion-picture film, videotape, dance or exhibition performed before an audience of one (1) or more.

PORNOGRAPHIC FOR MINORS

Any material or performance 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, 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

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, by any means including a computer.

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.

Section 220.455 Promoting Obscenity Or Pornography For Minors.

[R.O. 1996 § 220.455]

A. A person commits the offense of promoting pornography for minors or obscenity if, knowing its content or character, they:

1. Promote or possess with the purpose to promote any obscene material for pecuniary gain;

2. Produce, present, direct or participate in any obscene performance for pecuniary gain;

3. Promote or possess with the purpose to promote any material pornographic for minors for pecuniary gain; or

4. Produce, present, direct or participate in any performance pornographic for minors for pecuniary gain.

Section 220.460 Promoting Pornography For Minors Or Obscenity. [1]

[R.O. 1996 § 220.460; CC 1968 § 14-122; Ord. No. 1147 § 1, 4-12-1982]

A. A person commits the offense of promoting pornography for minors or obscenity if, knowing of its content and character, they:

1. Promote or possess with the purpose to promote any obscene materials for pecuniary gain; or

2. Produce, present, direct or participate in any obscene performance for pecuniary gain; or

3. Promote or possess with the purpose to promote any material pornographic for minors for pecuniary gain; or

4. Produce, present, direct or participate in any performance pornographic for minors for pecuniary gain; or

5. Promote, possess with the purpose to promote, produce, present, direct or participate 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.

Section 220.465 Evidence In Obscenity And Child Pornography Cases.

[R.O. 1996 § 220.465]

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 under this Article, when it becomes necessary to determine whether a person was less than eighteen (18) years of age, the court or jury may make this determination by any of the following methods:

1. Personal inspection of the child;

2. Inspection of the photograph or motion picture that shows the child engaging in the sexual performance;

3. Oral testimony by a witness to the sexual performance as to the age of the child based on the child's appearance at the time;

4. Expert medical testimony based on the appearance of the child engaging in the sexual performance; or

5. Any other method authorized by law or by the rules of evidence.

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.

Section 220.470 Public Display Of Explicit Sexual Materials.

[R.O. 1996 § 220.470; CC 1968 § 14-124; Ord. No. 1147 § 1, 4-12-1982]

A. A person commits the offense of public display of explicit sexual material if they knowingly:

1. Display publicly explicit sexual materials; or

2. Fail to take prompt action to remove such a display from property in their possession after learning of its existence.

Section 220.475 Injunctions And Declaratory Judgments.

[R.O. 1996 § 220.475; CC 1968 § 14-125; Ord. No. 1147 § 1, 4-12-1982]

A. Whenever materials or a performance is being or is about to be promoted, furnished, or displayed in violation of this Article a civil action may be instituted in the Circuit Court by the City Prosecutor 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 action shall be brought pursuant to the terms of Section 573.070, RSMo.