When used in this Article, the following terms shall have the
meanings set out herein:
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.
[Ord. No. 6466 § 1, 1-10-2017]
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.
[Ord. No. 6466 § 1, 1-10-2017]
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 under the age of eighteen (18).
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.
[Ord. No. 6466 § 1, 1-10-2017]
OBSCENE
Any material or performance is obscene if, taken as a whole:
1.
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex;
2.
The average person, applying contemporary community standards,
would find the material depicts or describes sexual conduct in a patently
offensive way; and
3.
A reasonable person would find the material 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:
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, 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
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
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.
[Ord. No. 6466 § 1, 1-10-2017]
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.
[Ord. No. 6466 § 1, 1-10-2017]
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.
[Ord. No. 6466 § 1, 1-10-2017]
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.
[Ord. No. 6466 § 1, 1-10-2017]
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.