[R.O. 2008 § 18-191; Ord. No. 1358 § 1, 9-25-1989; Ord. No. 5508 § 2, 11-28-2016]
When used in this Article, the following terms shall have the meanings set out herein:
CHILD PORNOGRAPHY
Any obscene material or performance depicting sexual conduct, sexual contact as defined in Section 210.470 of this Code, or a sexual performance and which has a minor as one of its participants or portrays a minor as an observer of such conduct, contact or performance, including but not limited to any visual depiction meeting the criteria established in Section 573.010(4)(b)a-c and 573.010(27), RSMo.
DEVIATE SEXUAL INTERCOURSE
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.
[Ord. No. 5855, 9-14-2023]
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, but excluding works of art or of anthropological significance.
FURNISH
To issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide.
INDECENT
Language or material that depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs.
MATERIAL
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.
MINOR
Any person less than eighteen (18) years of age.
NUDITY or STATE OF NUDITY
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.
OBSCENE
Any material, comment, request, suggestion, proposal, or performance if, taken as a whole, and judged with reference to its impact on ordinary adults:
1. 
Applying contemporary community standards, its predominant appeal is to prurient interest in sex; and
2. 
With respect to the average person, applying contemporary community standards, it depicts or describes sexual conduct in a patently offensive way; and
3. 
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 if the following apply:
1. 
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;
2. 
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
3. 
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, by any means, including a computer.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
SEXUAL CONDUCT
Sexual intercourse, deviate sexual intercourse, or sexual contact.
[Ord. No. 5855, 9-14-2023]
SEXUAL CONTACT
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, or causing semen, seminal fluid, or other ejaculate to come into contact with another person, for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim.
[Ord. No. 5855, 9-14-2023]
[1]
Note: See Sections 573.010 and 573.100, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
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]
Note: See Sections 573.020, 573.030 and 573.065, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
A person commits the offense of promoting child pornography if, knowing of its content and character, such person possesses with the intent to promote or promotes child pornography or obscene material portraying what appears to be a minor.
[1]
Note: See Sections 573.025 and 573.035, RSMo.
[Ord. No. 5357 § 7, 3-24-2014; Ord. No. 5508 § 2, 11-28-2016]
A person commits the offense of possession of child pornography if such person knowingly or recklessly possesses any child pornography or obscene material portraying what appears to be a minor.
[1]
Note: See Section 573.037, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
A person commits the offense of sexual exploitation of a minor if such person knowingly or recklessly photographs, films, videotapes, produces, or otherwise creates obscene material with a minor or child pornography.
[1]
Note: See Section 573.023, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
A person commits the offense of use of a minor in a sexual performance if, knowing the character and content thereof, the person employs, authorizes, or induces another person less than eighteen (18) years of age to engage in a performance which includes sexual conduct or, being a parent, legal guardian, or custodian of such a person less than eighteen (18) years of age, consents to their participation in such sexual performance.
[1]
Note: See Section 573.200, RSMo.
[Ord. No. 5508 § 2, 11-28-2016; Ord. No. 5798, 8-22-2022]
A. 
A person commits the offense of promoting a sexual performance by a minor if, knowing the character and content thereof, the person promotes a performance which includes sexual conduct by a person less than eighteen (18) years of age or produces or directs any performance which includes sexual conduct by a person less than eighteen (18) years of age.
B. 
A person commits the offense of patronizing a sexual performance by a child if such person obtains, solicits, or participates in a sexual performance by a child under eighteen (18) years of age.
[1]
Note: See Sections 573.205, 573.206, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
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.
[1]
Note: See Section 573.215, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
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.
4. 
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.
5. 
Videocassettes 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:
a. 
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
b. 
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
c. 
Taken as a whole, it lacks serious literary, artistic, political, or scientific value for persons less than seventeen (17) years of age.
[1]
Note: See Sections 573.040 and 573.090, RSMo.
[R.O. 2008 § 18-197; Ord. No. 1358 § 7, 9-25-1989; Ord. No. 5508 § 2, 11-28-2016]
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.
D. 
In any prosecution for promoting child pornography, no showing is required that the performance or material involved appeals to prurient interest, that it lacks serious literary, artistic, political or scientific value or that it is patently offensive to prevailing standards in the community as a whole.
[1]
Note: See Section 573.050, RSMo.
[R.O. 2008 § 18-198; Ord. No. 1358 § 8, 9-25-1989, Ord. No. 5508 § 2, 11-28-2016]
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.
[1]
Note: See Section 573.060, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
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.
[1]
Note: See Section 573.100, RSMo.