City of St. Charles, MO Article IV Offenses Against Morals [1]

[1] Cross Reference: As to penalty, § 100.150.

Division 1 General Provisions

Section 215.700 Bathhouses And Massage Parlors. [1]

[R.O. 2011 § 215.700; R.O. 2009 § 133.01; CC 1981 § 20-157; Ord. No. 74-24, 6-5-1974]

The operation of a bathhouse, massage parlor or masseur wherein employees, agents or servants engage in acts stimulating sexual organs of a customer is prohibited within the corporate limits of the City.

[1] Cross Reference: As to penalty, § 100.150.

Section 215.710 Bathing While Insufficiently Clothed. [1]

[R.O. 2011 § 215.710; R.O. 2009 § 133.02; CC 1981 § 20-158]

It shall be unlawful for any person to bathe, wash or swim when nude or insufficiently clothed in the Missouri River or other watercourse, pond, lake or pool of water within the City.

[1] Cross Reference: As to bathing and swimming in City parks, § 255.090; as to penalty, § 100.150.

Section 215.720 Indecent Exposure (Sexual Misconduct). [1]

A. A person commits the offense of indecent exposure (sexual misconduct) if such person:

1. Exposes his/her genitals under circumstances in which he/she knows that his/her conduct is likely to cause affront or alarm;

2. Has sexual contact in the presence of a third person or persons under circumstances in which he/she knows that such conduct is likely to cause affront or alarm; or

3. Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person.

[1] Cross Reference: As to penalty, § 100.150.

Section 215.730 Lewd Dancing. [1]

[R.O. 2011 § 215.720; R.O. 2009 § 133.04; CC 1981 §§ 20-172 — 20-175; Ord. No. 81-90, 11-3-1981]

A. Lewd Dancing Or Performance Prohibited. No person shall produce, promote, permit or perform any pornographic or lewd dancing or exhibition before any audience for pecuniary gain.

B. Violation. If any person, persons or corporation holding an alcoholic beverage license is believed by the Chief of Police to condone, promote, allow or sponsor any persons violating Subsection (A) of this Section, the Chief of Police may give notice to any person, persons or corporation's representative to appear before the next regularly scheduled meeting of the City Council to show cause why the alcoholic beverage license of the establishment in which the violation took place should not be suspended or revoked.

C. Suspension Or Revocation Of License.

1. The City Clerk and Mayor shall be immediately notified of any such notice by the Chief of Police; and the City Clerk shall cause such to be placed on the Council agenda and notices to be given to each Councilmember.

2. The Council may suspend or revoke such license at the meeting or suspend such license and set a date for hearing within ten (10) days to determine if such license shall be revoked.

D. Arrest And Removal. Any person found in violation of Subsection (A) of this Section shall be subject to arrest and removal from the premises.

[1] Cross Reference: As to penalty, § 100.150.

Section 215.740 Prostitution And Related Offenses. [1]

[R.O. 2011 § 215.740; R.O. 2009 § 133.05; CC 1981 §§ 20-162 — 20-165; Ord. No. 80-28, 2-13-1980; Ord. No. 21-153, 10-5-2021]

A. Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PATRONIZING PROSTITUTION

A person patronizes prostitution if:

1. Pursuant to a prior understanding, he/she gives something of value to another person as compensation for that person or a third person having engaged in sexual conduct with him/her or with another; or

2. He/she gives or agrees to give something of value to another person on an understanding that, in return therefor, that person or a third person will engage in sexual conduct with him/her or with another; or

3. He/she solicits or requests another person to engage in sexual conduct with him/her or with another, or to secure a third person to engage in sexual conduct with him/her or with another, in return for something of value.

PROMOTING PROSTITUTION

A person promotes prostitution if:

1. He/she compels a person of any age to enter into, engage in, or remain in prostitution; or

2. He/she owns, manages, or operates an interactive computer service, or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another. As used in this Subdivision, the term "interactive computer service" shall mean: any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.

The term "compel" includes the use of forcible compulsion or the use of a drug or intoxicating substance to render a person incapable of controlling his/her conduct or appreciating its nature.

PROSTITUTION

A person commits prostitution if he/she engages or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by the person or by a third person.

SEXUAL CONDUCT

Sexual conduct occurs when there is:

1. Sexual Intercourse which means any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results; or

2. Deviate Sexual Intercourse which means any sexual act involving the genitals of one person and the mouth, hand, tongue or anus of another person; or

3. Sexual Contact which means any touching, manual or otherwise, of the anus or genitals of one person by another, done for the purpose of arousing or gratifying sexual desire of either party.

SOMETHING OF VALUE

Any money or property or any token, object or article exchangeable for money or property.

B. Offenses.

1. It shall be unlawful for a person to perform an act of prostitution.

2. It shall be unlawful for a person to patronize prostitution.

3. It shall be unlawful for a person to promote prostitution.

C. Defenses. In any prosecution for prostitution, patronizing a prostitute or promoting prostitution, 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:

1. Both persons were of the same sex; or

2. The person who received, agreed to receive or solicited something of value was a male and the person who agreed or offered to give something of value was a female.

D. Prostitution Houses Deemed Public Nuisances. Any room, building or other structure regularly used for sexual conduct for pay, as defined in this Section, or any unlawful prostitution activity prohibited by this Section 215.740 is a public nuisance.

[1] Cross Reference: As to nuisances, §§ 220.020 et seq.; as to penalty, § 100.150.

Section 215.750 Entering Upon An Excursion Gambling Boat. [1]

[R.O. 2011 § 215.750; R.O. 2009 § 133.06; Ord. No. 94-219, 9-7-1994]

A. For the purpose of this Section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

EXCURSION GAMBLING BOAT

A boat, ferry or other floating facility licensed by the Missouri Gambling Commission on which gambling games are allowed.

B. No person under twenty-one (21) years of age shall enter upon or into those portions of an excursion gambling boat where gambling is conducted or where alcoholic beverages are located.

C. This provision shall not apply to an employee of the licensed operator of the excursion gambling boat who is at least eighteen (18) years of age and who is performing job duties prescribed for that employee.

[1] Cross Reference: As to penalty, § 100.150.

Section 215.760 Urinating/Defecating In Public Prohibited.

[R.O. 2011 § 215.760; R.O. 2009 § 133.07; Ord. No. 97-30, 1-21-1997]

A. No person shall urinate or defecate in, upon or from any public street, sidewalk, alley, parking lot or parking facility, public building, structure or publicly maintained facility or in any place open to the public and exposed to public view or on private property and exposed to public view. This Section shall not apply to urination or defecation in any restroom or other facility designed for the sanitary disposal of human waste.

B. Any person violating the provisions of Subsection (A) of this Section shall be punished by a fine of not less than fifty dollars ($50.00) or by imprisonment in jail not exceeding three (3) months, or by both fine and imprisonment.

Section 215.770 through Section 215.790. (Reserved)

Division 2 Pornography and Related Offenses

Section 215.800 Definitions.

[R.O. 2011 § 215.800; R.O. 2009 § 133.20; CC 1981 § 20-168; Ord. No. 90-153, 6-21-1990]

For the purpose of this Division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CHILD PORNOGRAPHY

1. Any obscene material or performance depicting sexual conduct, sexual contact, or a sexual performance, as these terms are defined in Section 566.061, RSMo., and which has as one of its participants or portrays as an observer of such conduct, contact, or performance a minor under the age of eighteen (18); or

2. 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:

a. The production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;

b. 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; or

c. Such visual depiction has been created, adapted, or modified to show that an identifiable minor is engaging in sexually explicit conduct.

DISPLAYS PUBLICLY

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 the 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.

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 postpubertal human genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition.

FURNISH

To issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide.

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

The showing of postpubertal human genitals or pubic area, with less than a fully opaque covering.

OBSCENE

Any material or performance if, taken as a whole:

1. Applying contemporary community standards, its predominant appeal is to prurient interest in sex; and

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 if:

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; and

2. The material or performance depicts or describes nudity, sexual conduct, sexual excitement, sadomasochistic abuse or any explicit sexual material 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 stimulation or gratification.

Section 215.810 Obscenity. [1]

[R.O. 2011 § 215.810; R.O. 2009 § 133.21; CC 1981 §§ 20-168.1 — 20-168.2; Ord. No. 90-153, 6-21-1990]

A. Preparation. A person commits the offense of preparation of obscenity when he/she knowingly:

1. Records himself/herself or any other person on or with any material for the purpose of producing any obscene material for promotion to another; or

2. Records himself/herself or any other person on or with any material for the purpose of producing material pornographic for minors for promotion to a minor; or

3. Models, poses, acts or otherwise aids or assists in the preparation of any obscene material for the purpose of promotion to another; or

4. Models, poses, acts or otherwise aids or assists in the preparation of any material pornographic for minors for promotion or furnishing to a minor.

B. Promoting. A person commits the offense of promoting pornography for minors or obscenity if 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] Cross Reference: As to penalty, § 100.150.

Note: Under certain circumstances, this offense can be a felony under State law.

Section 215.820 Furnishing Pornographic Materials To Minors. [1]

[R.O. 2011 § 215.820]

A. A person commits the offense of furnishing pornographic material to minors if 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 an affirmative 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. Furnishing pornographic material to minors or attempting to furnish pornographic material to minors is an ordinance violation.

[1] Cross Reference: As to penalty, § 100.150.

Section 215.830 Promoting Child Pornography In The First Degree. [1]

[R.O. 2011 § 215.830]

A person commits the offense of promoting child pornography in the first degree if, knowing of its content and character, such person possesses with the intent to promote or promotes child pornography of a child less than fourteen (14) years of age or obscene material portraying what appears to be a child less than fourteen (14) years of age.

[1] Cross Reference: As to penalty, § 100.150.

Section 215.840 Public Display Of Explicit Sexual Material. [1]

[R.O. 2011 § 215.840]

A. A person commits the offense of public display of explicit sexual material if he or she knowingly or recklessly:

1. Displays publicly explicit sexual material; or

2. Fails to take prompt action to remove such a display from property in his or her possession after learning of its existence.

B. For purposes of this Section, each day there is a violation of this Section shall constitute a separate offense.

[1] Cross Reference: As to penalty, § 100.150.

Section 215.850 Coercing Acceptance Of Obscene Material. [1]

[R.O. 2011 § 215.850]

A. A person commits the offense of coercing acceptance of obscene material if such person knowingly:

1. Requires acceptance of obscene material as a condition to any sale, allocation, consignment or delivery of any other material; or

2. Denies any franchise or imposes any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept any material obscene or pornographic for minors.

[1] Cross Reference: As to penalty, § 100.150.

Section 215.860 Evidence In Obscenity And Child Pornography Cases. [1]

[R.O. 2011 § 215.860]

A. In any prosecution under this Division, 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 for possession of child pornography or promoting child pornography in the first or second degree, the determination that the person who participated in the child pornography was younger than eighteen (18) years of age may be made by a judge or jury by any of the following methods:

1. Personal inspection of the child;

2. Inspection of the photograph or motion picture that shows the child engaging in the sexual performance;

3. Oral testimony by a witness to the sexual performance as to the age of the child based on the child's appearance at the time;

4. Expert medical testimony based on the appearance of the child engaging in the sexual performance; or

5. Any other method authorized by law or by the rules of evidence.

D. In any prosecution for promoting child pornography in the first or second degree, 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] Cross Reference: As to penalty, § 100.150.

Section 215.870 Wholesale Promotion.

[R.O. 2011 § 215.870; R.O. 2009 § 133.27; CC 1981 § 20-168.9; Ord. No. 90-153, 6-21-1990]

The general assembly has preempted Cities from regulating the wholesale promotion of obscenity and materials pornographic for minors. Therefore, nothing contained in this Division shall be interpreted to prohibit the wholesale promotion of obscene material, to prohibit the wholesale promotion for minors of any material pornographic for minors or to prohibit the possession of any material pornographic for minors with the purpose to wholesale promote for minors.

Section 215.880 through Section 215.930. (Reserved)