When used in this Article, the following terms shall have the
meanings set out herein:
Any person under the age of fourteen (14).
[R.O. 1992 § 212.010; Ord. No. 7273 § 1, 8-17-1992; Ord. No. 01-8961 § 1, 1-2-2001]
[R.O. 1992 § 212.010; Ord. No. 7273 § 1, 8-17-1992; Ord. No. 01-8961 § 1, 1-2-2001]
Any obscene material or performance depicting sexual conduct,
sexual contact as defined in Section 566.010, RSMo., or a sexual performance
and which has as one (1) of its participants or portrays as an observer
of such conduct, contact, or performance a minor; or
Any visual depiction, including any photograph, film, video,
picture, or computer or computer-generated image or picture, whether
made or produced by electronic, mechanical, or other means, of sexually
explicit conduct where:
The production of such visual depiction involves the use of
a minor engaging in sexually explicit conduct;
Such visual depiction is a digital image, computer image, or
computer-generated image that is, or is indistinguishable from, that
of a minor engaging in sexually explicit conduct, in that the depiction
is such that an ordinary person viewing the depiction would conclude
that the depiction is of an actual minor engaged in sexually explicit
conduct; or
Such visual depiction has been created, adapted, or modified
to show that an identifiable minor is engaging in sexually explicit
conduct. "Identifiable minor" means a person who was a minor at the
time the visual depiction was created, adapted, or modified; or whose
image as a minor was used in creating, adapting, or modifying the
visual depiction; and who is recognizable as an actual person by the
person's face, likeness, or other distinguishing characteristic, such
as a unique birthmark or other recognizable feature. The term "identifiable
minor" shall not be construed to require proof of the actual identity
of the identifiable minor.
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 anthropological significance shall not
be deemed to be within the foregoing definition.
[R.O. 1992 § 212.010; Ord. No. 7273 § 1, 8-17-1992; Ord. No. 01-8961 § 1, 1-2-2001]
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 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 covering
of any part of the nipple or areola.
Any material or performance if, taken as a whole:
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex; and
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 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; and
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.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
A.
A person commits the offense of promoting pornography for minors
or obscenity if, knowing of its content and character, he/she:
1.
Promotes or possesses with the purpose to promote any obscene
materials for pecuniary gain; or
2.
Produces, presents, directs or participates in any obscene performance
for pecuniary gain; or
3.
Promotes or possesses with the purpose to promote any material
pornographic for minors for pecuniary gain; or
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 of 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; or
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 a prosecution for a violation of this Section
that the person being furnished the pornographic material is a Peace
Officer masquerading as a minor.
C.
The offense of furnishing pornographic material to minors or attempting
to furnish pornographic material to minors is an ordinance violation.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[R.O. 1992 § 212.100; Ord. No. 7273 § 10, 8-17-1992]
A.
Whenever material or a performance is being
or is about to be promoted, furnished or displayed in violation of
this Article, a civil action may be instituted in the Circuit Court
by the City Attorney of the City against any person violating or about
to violate those Sections in order to obtain a declaration that the
promotion, furnishing or display of such material or performance is
prohibited. Such an action may also seek an injunction appropriately
restraining promotion, furnishing or display of the material or performance.
B.
Such an action may be brought only in the
Circuit Court of the County in which any such person resides, or where
the violation is taking place or about to take place.
C.
Any promoter, furnisher or displayer of,
or a person who is about to be a promoter, furnisher, or displayer
of, the material or performance involved may intervene as of right
as a party defendant in the proceedings.
D.
The trial court and the appellate court
shall give expedited consideration to actions and appeals brought
under this Section. The defendant shall be entitled to a trial of
the issues beginning within one (1) week after joinder of issue and
a decision shall be rendered by the court within two (2) days of the
conclusion of the trial. No restraining order or injunction of any
kind shall be issued restraining the promotion, furnishing or display
of any material or performance without a prior adversary hearing before
the court.
E.
A final declaration obtained pursuant to
this Section may be used to form the basis for an injunction and for
no other purpose.
F.
All laws regulating the procedure for obtaining
declaratory judgments or injunctions which are inconsistent with the
provisions of this Section shall be inapplicable to proceedings brought
pursuant to this Section. There shall be no right to jury trial in
any proceedings under this Section.
