As used in this Article the following words shall have the meanings
set out below:
CHILD PORNOGRAPHY
Any material or performance depicting sexual conduct, sexual
contact, or a sexual performance as these terms are defined in section
556.061, RSMo, and which has as one (1) 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.
DISPLAYS PUBLICLY
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.
EXPLICIT SEXUAL MATERIAL
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.
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 statue or other figure, or any recording 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.
MINOR
Any person under the age of eighteen (18).
NUDITY
The showing of post-pubertal human genitals or pubic area,
with less than a fully opaque covering.
OBSCENE
Any material or performance is obscene if:
a.
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex; and
b.
Taken as a whole with the average person, applying contemporary
community standards, it depicts or describes sexual conduct in a patently
offensive way; and
c.
Taken as a whole, it 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 is pornographic for minors if
the following apply:
a.
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
b.
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 standards with respect to what is suitable for minors;
and
c.
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.
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.
WHOLESALE PROMOTE
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.
Injunctions and declaratory judgments may be sought in accordance
with Chapter 573, RSMo.