When used in this Article the following terms shall have the
meanings set out herein:
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. 2016-1809 § 1, 12-20-2016[1]]
To issue, sell, give, provide, lend, mail, deliver, transfer,
circulate, disseminate, present, exhibit or otherwise provide.
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. 2016-1809 § 1, 12-20-2016[2]]
Anything printed or written, or any picture, drawing, photograph,
motion picture film, videotape or videotape production, or pictorial
representation, or any statue or other figure, or any recording or
transcription, or any mechanical, chemical, or electrical reproduction,
or anything which is or may be used as a means of communication. "Material" includes undeveloped photographs, molds, printing
plates and other latent representational objects.
Any person under the age of eighteen (18).
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. 2016-1809 § 1, 12-20-2016[3]]
Any material or performance is obscene if:
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex;
Taken as a whole with 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.
Any play, motion picture film, videotape, dance or exhibition
performed before an audience of one (1) or more.
Any material or performance is pornographic for minors 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;
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
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.
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.
[Ord. No. 2016-1809 § 1, 12-20-2016[2]]
A.
A person commits the offense of promoting pornography if, knowing
of its content and character, knowing its content or character, he/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.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
A.
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.
B.
A "commercial film and photographic print processor" shall include
any person who develops exposed photographic film into negatives,
slides or prints or who makes prints from negatives or slides for
compensation. The term "commercial film and photographic print processor"
shall include all employees of such persons but shall not include
a person who develops film or makes prints for a public agency.
[1]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
[Ord. No. 2016-1809 § 1, 12-20-2016[2]]
A.
A person commits the offense of furnishing pornographic material
to minors if, knowing 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.
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.
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.
B.
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:
1.
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
2.
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
3.
Taken as a whole, it lacks serious literary, artistic, political,
or scientific value for persons less than seventeen (17) years of
age.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
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]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
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]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
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]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
