[Ch. 23 §23.007-B]
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.
When used in this Article, the following terms shall have the
meanings set out herein:
Any person under the age of fourteen (14).
Any obscene 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.
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 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, publish, distribute, circulate, disseminate, or to offer
or agree to do the same for purposes of resale or redistribution.
[Ch. 23 §23.007-C]
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 pornography, shall be admissible.
[Ch. 23 §23.007-D]
B.
DISPLAYS PUBLICLY
EXPLICIT SEXUAL MATERIAL
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
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.
Any pictorial or three (3) 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.
