[CC 1991 §235.600]
When used in this Article, the following terms shall have the
meanings set out herein:
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.
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 persons'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 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 post-pubertal human genitals or pubic area
with less than a fully opaque covering.
Any material or performance is obscene if, taken as a whole:
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex;
The average person, applying contemporary community standards,
would find the material depicts or describes sexual conduct in a patently
offensive way; and
A reasonable person would find 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 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;
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
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.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
To manufacture, issue, sell, provide, mail, deliver, transfer,
transmute, public, distribute, circulate, disseminate or to offer
or agree to do the same for purposes of resale or redistribution.
A.
A person
commits the offense of promoting pornography for minors or obscenity
if, knowing its content or character, he/she:
1.
Promotes or possesses with the purpose to promote any obscene materials
for pecuniary gain;
2.
Produces, presents, directs or participates in any obscene performance
for pecuniary gain;
3.
Promotes or possesses with the purpose to promote any material pornographic
for minors for pecuniary gain;
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.
A.
A person
commits the offense of furnishing pornographic material to minors
if, knowing 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;
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.
[CC 1991 §235.640]
B.
Public
display of explicit sexual material is a misdemeanor unless the person
has pleaded guilty to or has been found guilty of an offense under
this Section committed at a different time, in which case it is a
felony.
C.
For
purposes of this Section, each day there is a violation of this Section
shall constitute a separate offense.
[CC 1991 §235.650]
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 215.485, 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
(17), 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 (17), and;
3.
Taken as a whole, it lacks serious literary, artistic, political
or scientific value for persons under the age of seventeen (17).
B.
Any video cassettes or other video reproduction devices meeting the description in Subsection (A)(1) of this Section shall not be rented or sold to a person under the age of seventeen (17) years.
C.
Any violation of the provisions of Subsections (A)(1) or (2) of this Section shall be punishable as an infraction, unless such violation constitutes furnishing pornographic materials to minors as defined in Section 215.495, in which case it shall be punishable as a misdemeanor or felony as prescribed in Section 215.495 or unless such violation constitutes promoting pornography or obscenity in the second degree as defined in Section 215.490, in which case it shall be punishable as a misdemeanor or felony a prescribed in Section 215.490.
[CC 1991 §235.660]
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. Obscenity shall be judged with reference to its
impact upon ordinary adults.
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.
C.
It
shall be unlawful for any person to knowingly permit any telephone
or telephone facility connected to a local exchange telephone under
such person's control to be used for any purpose prohibited by Subsection
(A)(2) of this Section.
D.
Any
person who violates any provision of this Section is guilty of a misdemeanor.
For purposes of this Subsection, each violation constitutes a separate
offense.
E.
The
prohibitions and penalties contained herein are not applicable to
a telecommunications company, as defined in Section 386.020, RSMo.,
over whose facilities prohibited communications may be transmitted.
