When used in this Article, the following terms shall have the
meanings set out herein:
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.
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. 1994 §210.410]
A.
INDECENT
OBSCENE
1.
2.
3.
As used in this Section, the following
terms mean:
Language or material that depicts or describes, in terms
patently offensive as measured by contemporary community standards,
sexual or excretory activities or organs;
Any comment, request, suggestion or proposal is obscene if:
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex; and
Taken as a whole with respect to the average person, applying
contemporary community standards, it depicts or describes sexual conduct
in a patently offensive way; and
Taken as a whole, it lacks serious literary, artistic, political
or scientific value. Obscenity shall be judged with reference to its
impact upon ordinary adults.
B.
A person commits the offense of obscene or indecent commercial messaging
if he/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. Any person who makes
any such comment, request, suggestion, or proposal shall be in violation
of the provisions of this Section regardless of whether such person
placed or initiated the telephone call.
C.
The offense of obscene or indecent commercial messaging is a Class
A misdemeanor unless such person has been found guilty of the same
offense committed at a different time, in which case the violation
is a Class E felony. For purposes of this Subsection, each violation
constitutes a separate offense.
D.
The prohibitions contained herein are not applicable to a telecommunications
company as defined in Section 386.020, RSMo., over whose facilities
prohibited communications may be transmitted.
