[Ord. No. 2 Ch. 8 Art. 1 §4, 1953]
Any person who shall within the corporate limits of Peculiar,
Missouri, appear in any public place in a state of indecency or nudity
or lewd dress or shall make an indecent exposure of the person or
be guilty of indecent or lewd acts or behavior or exhibit or sell,
or offer for sale, any indecent or lewd book, paper picture or other
thing shall be deemed guilty of a misdemeanor.
[RSMo. § 573.010]
In accordance with RSMo. Section 573.010 or as hereinafter may
be amended, as used in this Article the following terms shall mean:
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.
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.
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.
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 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.
Any person under the age of eighteen (18).
The showing of post-pubertal human genitals or pubic area,
with less than a fully opaque covering.
Any material or performance is obscene if:
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex; and
Taken as a whole with the average person, applying contemporary
community standards, it depicts or describes sexual conduct in a patently
offensive way; and
Taken as a whole, it lacks serious literary, artistic, political
or scientific value.
Any play, motion picture film, videotape, dance or exhibition
performed before an audience of one or more.
Any material or performance is pornographic for minors 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, 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
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.
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;
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.
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.
[RSMo. §573.030.1; Ord. No. 020210 §1, 2-2-2010]
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 he or she:
1.
Promotes or possesses with the purpose to promote any obscene materials
for a 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.
[RSMo. §573.040.1; Ord. No. 020210A §1, 2-2-2010]
A.
A person
commits the offense of furnishing pornographic material to minors
if he or she:
1.
Furnishes any pornographic material to 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.
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.
[RSMo. §573.037.1]
A.
In
accordance with RSMo. Section 573.037 or as hereinafter may be amended,
a person commits the offense of possession of child pornography if
he knowingly;
[RSMo. §573.100]
A.
INDECENT
OBSCENE
1.
2.
3.
As used in this Section, the following
terms mean:
Language or material that depicts or describes, in terms
patently offensive as measured by contemporary community standards,
sexual or excretory activities or organs;
Any comment, request, suggestion or proposal is obscene if:
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex; and
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
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.
[RSMo. §573.060.1]
[RSMo. §573.090.1-2]
A.
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 210.170, 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;
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; and
3.
Taken as a whole, it lacks serious literary, artistic, political,
or scientific value for persons under the age of seventeen (17).
