[Ord. No. 2382 § 2, 1-5-2017[1]]
For purposes of this Article, the following terms shall mean:
Any act involving the genitals of one (1) person and the
hand, mouth, tongue, or anus of another person or a sexual act involving
the penetration, however slight, of the penis, female genitalia, or
the anus by a finger, instrument or object done for the purpose of
arousing or gratifying the sexual desire of any person or for the
purpose of terrorizing the victim.
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, but
excluding works of art or of anthropological significance.
To issue, sell, give, provide, lend, mail, deliver, transfer,
circulate, disseminate, present, exhibit or otherwise provide.
Language or material that depicts or describes, in terms
patently offensive as measured by contemporary community standards,
sexual or excretory activities or organs.
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 less than eighteen (18) years of age.
The showing of the human genitals, pubic area, vulva, anus,
anal cleft, or the female breast with less than a fully opaque fabric
covering of any part of the nipple or areola. Body paint shall not
qualify as fabric.
Any material, comment, request, suggestion, proposal, or
performance if, taken as a whole, and judged with reference to its
impact on ordinary adults:
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex; and
With respect to the average person, applying contemporary community
standards, it depicts or describes sexual conduct in a patently offensive
way; and
It 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;
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.
Any touching of another person with the genitals or any touching
of the genitals or anus of another person, or the breast of a female
person, or such touching through the clothing, for the purpose of
arousing or gratifying the sexual desire of any person or for the
purpose of terrorizing the victim.
Any penetration, however slight, of the female genitalia
by the penis.
Money or property or any token, object or article exchangeable
for money or property.
[Ord. No. 2382 § 2, 1-5-2017]
A person commits the offense of obscene or indecent commercial
messaging if he or she, by means of a telephone communication for
commercial purposes, makes directly or by means of an electronic recording
device, any comment, request, suggestion, or proposal which is obscene
or indecent, or knowingly permits any telephone or telephone facility
connected to a local exchange telephone under such person's control
to be used for obscene or indecent commercial messaging, in either
case regardless of whether such person placed or initiated the telephone
communication. This Section is not applicable to a telecommunications
company as defined in Section 386.020, RSMo., over whose facilities
the prohibited communication is made by someone else.
[Ord. No. 2382 § 2, 1-5-2017]
(a)
A person commits the offense of prostitution if he or she engages
in or offers or agrees to engage in sexual conduct with another person
in return for something of value to be received by any person.
(b)
A person commits the offense of patronizing prostitution if he or
she:
(1)
Pursuant to a prior understanding, gives something of value
to another person as compensation for having engaged in sexual conduct
with any person; or
(2)
Gives or agrees to give something of value to another person
with the understanding that such person or another person will engage
in sexual conduct with any person; or
(3)
Solicits or requests another person to engage in sexual conduct
with any person for something of value.
[Ord. No. 2382 § 2, 1-5-2017]
(a)
A person commits the offense of promoting prostitution if he or she
knowingly:
(4)
Operates or assists in the operation of a house or business or enterprise used by or involving violations of Section 19-16;
[Ord. No. 2382 § 2, 1-5-2017]
(a)
In any prosecution for violation of this Article, the sex of the
two (2) parties or prospective parties to the sexual conduct engaged
in, contemplated or solicited is immaterial, and it is no defense
that:
[Ord. No. 2382 § 2, 1-5-2017]
[Ord. No. 2382 § 2, 1-5-2017]
(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
materials 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.
(a)
A person commits the offense of indecent exposure if such person:
(1)
Exposes his or her genitals under circumstances in which he
or she knows that his or her conduct is likely to cause affront or
alarm, or to a child less than fifteen (15) years of age for the purpose
of arousing or gratifying the sexual desire of any person including
the child;
(2)
Has sexual contact in the presence of a third person or persons
under circumstances in which he or she knows that such conduct is
likely to cause affront or alarm;
(3)
Has sexual intercourse or deviate sexual intercourse in a public
place in the presence of a third person; or
(4)
Coerces or induces a child less than fifteen (15) years of age
to expose the child's genitals for the purpose of arousing or gratifying
the sexual desire of any person including the child, or coerces or
induces a female child less than fifteen (15) years of age to expose
her breasts in person or through the Internet or other visual transmission
for the purpose of arousing or gratifying the sexual desire of any
person including the child.
(b)
A person commits the offense of sexual misconduct if such person
purposely subjects another person to sexual contact without that person's
consent.
[Code 1964, § 19-19; Ord. No. 2382 § 2, 1-5-2017[2]]
(a)
A person commits the offense of promoting pornography if, knowing
of its content and character, he or 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]
Cross reference — Definitions and rules of construction generally, § 1-2.
State law references—Similar provisions, RSMo. §§ 573.010(5),
(8), (9), (11) and (13), 573.030.
[2]
Editor’s Note: Ord. No. 2382 also changed the title
of this Section from “Promoting pornography in the second degree”
to “Promoting pornography.”
[Ord. No. 1950 § 1, 10-2-2003; Ord. No. 2382 § 2, 1-5-2017]
(a)
No person shall look, peer or peep into or be found loitering around
or within view of any window of a private dwelling house not on his
or her own property.
(b)
No person shall knowingly view, photograph, film, videotape, or produce
or otherwise create an image of another person, without that person's
consent, while such other person is in a state of nudity and is in
a place where one would have a reasonable expectation that they could
disrobe in privacy without being concerned that their undressing was
being viewed, photographed or filmed by another.
(c)
No person shall knowingly photograph, film, videotape, or produce
or otherwise create an image of another person under or through the
clothing worn by that other person for the purpose of viewing the
body of or the undergarments worn by that other person without that
person's consent.
[Ord. No. 2382 § 2, 1-5-2017]
A person commits the offense of failure to report child pornography
if he or she, being a commercial film or photographic print processor,
computer provider, installer or repair person, or any internet service
provider who has knowledge of or observes, within the scope of the
person's professional capacity or employment, any film, photograph,
videotape, negative, slide, or computer-generated image or picture
depicting a person under eighteen (18) years of age engaged in an
act of sexual conduct, fails to report such instance to the City Police
Department as soon as practicably possible.
A "commercial film and photographic print processor" is any
person who develops exposed photographic film into negatives, slides
or prints or who makes prints from negatives or slides for compensation.
The term "commercial film and photographic print processor" shall
include all employees of such persons but shall not include a person
who develops film or makes prints for a public agency.
[Ord. No. 2382 § 2, 1-5-2017]
(a)
A person commits the offense of furnishing pornographic material
to minors if, knowing of its content and character, he or 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.
(b)
It is
not a defense to prosecution for a violation of this Section that
the person being furnished the pornographic material is a peace officer
masquerading as a minor.
(c)
Video
cassettes or other video reproduction devices, and the jackets, cases
or coverings of such video reproduction devices, shall not be rented
or sold to a person less than seventeen (17) years of age and at any
place of business in the city shall be displayed and maintained in
a separate area not accessible to persons less than seventeen (17)
years of age, if they are pornographic for minors 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 less than seventeen (17) years of
age; 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 less than seventeen (17) years of
age; and
(3)
Taken
as a whole, it lacks serious literary, artistic, political, or scientific
value for persons less than seventeen (17) years of age.
[Ord. No. 2382 § 2, 1-5-2017]
(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 obscenity or child pornography, shall be admissible.
(c)
In any prosecution under this Article, when it becomes necessary
to determine a person's age, the court may make such determination
by any authorized method.
