[R.O. 1996 § 215.165]
As used in this Article the following
words 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 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.
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 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 under the age of eighteen (18).
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 is obscene 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 fine the material depicts or describes
sexual conduct in a patently offensive way; and
A reasonable person would fine 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.
[R.O. 1996 § 215.170]
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.
[R.O. 1996 § 215.175; Ord. No. 836 § 16-93, 2-8-1993]
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.
[R.O. 1996 § 215.180; Ord. No. 836 § 16-94, 2-8-1993]
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 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.
[R.O. 1996 § 215.185; Ord. No. 836 § 16-95, 2-8-1993]
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.
[Ord. No. 2586, 5-9-2022]
A.
COMPUTER
CONSENT
DATA
DEPICTED INDIVIDUAL
DISCLOSURE
IDENTIFIABLE
IDENTIFYING CHARACTERISTIC
INDIVIDUAL
INTIMATE IMAGE
INTIMATE PARTS
PERSON
SEXUAL CONDUCT
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
As used in Sections 215.186 through 215.188, the following words shall have the meanings set out herein:
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.
Affirmative, conscious, and voluntary authorization by an
individual with legal capacity to give authorization.
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.
An individual whose body is shown in whole or in part in
an intimate image.
The transfer, publication, or distribution to another person.
"Disclose" has a corresponding meaning.
Recognizable by a person other than the depicted individual
from any of the following:
Information that may be used to identify a depicted individual.
A human being.
A photograph, film, video recording, or other similar medium
that shows any of the following:
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.
An individual, estate, business or non-profit entity, public
corporation, or other legal entity.
Includes all of the following:
Masturbation which means physical stimulation of a person's
own genitals or pubic area for the purpose of sexual gratification
or arousal of the person, regardless of whether the genitals or pubic
area is exposed or covered;
Genital, anal, or oral sex;
Sexual penetration of, or with, an object;
Bestiality;
The transfer of semen onto a depicted individual;
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;
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;
Act of urination within a sexual context;
Bondage, fetter, sadism, or masochism; or
Sadomasochism abuse in any sexual context.
[Ord. No. 2586, 5-9-2022]
A.
A person
commits the offense of non-consensual dissemination of private sexual
images if he or she:
1.
Intentionally or recklessly disseminates an image with the intent
to harass, threaten, or coerce another person:
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.
B.
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.
C.
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. "Harm" includes physical harm, economic harm, and
emotional distress whether or not accompanied by physical or economic
harm.
[Ord. No. 2586, 5-9-2022]
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:
[R.O. 1996 § 215.190; Ord. No. 836 § 16-96, 2-8-1993]
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.
B.
Such action shall be brought pursuant to
the terms of Section 573.070, RSMo.
