[Ord. No. 3772 §1, 5-19-2008; Ord. No. 4085 § 1, 11-21-2016]
When used in this Article, the following terms shall have the
meanings set out herein:
A nightclub, bar, juice bar, restaurant, bottle club, or
other commercial establishment, regardless of whether alcoholic beverages
are served, which regularly features persons who appear semi-nude.
Describing the essential character or dominant theme of an
item.
Any person under the age of fourteen (14).
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 person who performs any service on the premises of a
sexually oriented business, on a full-time, part-time, or contract
basis, whether or not the person is denominated an employee, independent
contractor, agent, or otherwise. Employee does not include a person
exclusively on the premises for repair or maintenance of the premises
or for the delivery of goods to the premises.
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 postpuberal human genitals; provided,
however, that works of art or of anthropological significance shall
not be deemed to be within the foregoing definition.
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 person on the premises of a sexually oriented business
who causes the business to function, puts or keeps the business in
operation, or is authorized to manage the business or exercise overall
operational control of the business premises. A person may be found
to be operating or causing to be operated a sexually oriented business
whether or not such person is an owner, part owner, or licensee of
the business.
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.
The real property upon which a sexually oriented business
is located, and all appurtenances thereto and buildings thereon, including
but not limited to the sexually oriented business, the grounds, private
walkways, and parking lots or parking garages, or both.
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.
The consistent and repeated doing of the act so described.
Flagellation or torture by or upon a person as an act of
sexual stimulation or gratification.
The showing of the female breast below a horizontal line
across the top of the areola and extending across the width of the
breast at such point, or the showing of the male or female buttocks.
Such definition includes the lower portion of the human female breast,
but shall not include any portion of the cleavage of the female breasts
exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing
apparel provided the areola is not exposed in whole or in part.
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.
Any performance, or part thereof, which includes sexual conduct
by a child who is less than seventeen (17) years of age.
Actual or simulated:
Includes:
An adult bookstore or adult video store. "Adult bookstore" or
"adult video store" means a commercial establishment which, as one
(1) of its principal business activities, offers for sale or rental
for any form of consideration any one (1) or more of the following:
books, magazines, periodicals, or other printed matter, or photographs,
films, motion pictures, video cassettes, compact discs, digital video
discs, slides, or other visual representations which are characterized
by their emphasis upon the display of specified sexual activities
or specified anatomical areas. A principal business activity exists
where the commercial establishment:
Has a substantial portion of its displayed merchandise which
consists of such items; or
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of such items; or
Has a substantial portion of the retail value of its displayed
merchandise which consists of such items; or
Derives a substantial portion of its revenues from the sale
or rental, for any form of consideration, of such items; or
Maintains a substantial section of its interior business space
for the sale or rental of such items; or
Maintains an adult arcade. "Adult arcade" means any place to
which the public is permitted or invited wherein coin-operated or
slug-operated or electronically, electrically, or mechanically controlled
still or motion picture machines, projectors, or other image producing
devices are regularly maintained to show images to five (5) or fewer
persons per machine at any one (1) time, and where the images so displayed
are characterized by their emphasis upon matter exhibiting specified
sexual activities or specified anatomical areas;
An adult cabaret;
An adult motion picture theater. "Adult motion picture theater"
means a commercial establishment where films, motion pictures, video
cassettes, slides, or similar photographic reproductions, which are
characterized by their emphasis upon the display of specified sexual
activities or specified anatomical areas are regularly shown to more
than five (5) persons for any form of consideration;
A semi-nude model studio. "Semi-nude model studio" means a place
where persons regularly appear in a state of semi-nudity for money
or any form of consideration in order to be observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by other
persons. Such definition shall not apply to any place where persons
appearing in a state of semi-nudity do so in a modeling class operated:
By a college, junior college, or university supported entirely
or partly by taxation;
By a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college, or university supported entirely or partly by taxation;
or
A sexual encounter center. "Sexual encounter center" means a
business or commercial enterprise that, as one (1) of its principal
purposes, purports to offer for any form of consideration physical
contact in the form of wrestling or tumbling between two (2) or more
persons when one (1) or more of the persons is semi-nude.
Include:
Includes any of the following:
At least thirty percent (30%) of the item or items so modified.
Includes undeveloped film and videotape, and data stored
on computer disk or by electronic means which is capable of conversion
into a visual image.
[Ord. No. 3843 §1, 3-15-2010; Ord. No. 4085 § 1, 11-21-2016]
A.Â
A person commits the offense of promoting pornography for minors
or obscenity if, knowing of its content and character, he or she:
1.Â
Promotes or possesses with the purpose to promote any obscene
material for pecuniary gain; or
2.Â
Produces, presents, directs or participates in any obscene performance
for pecuniary gain; or
3.Â
Promotes or possesses with the purpose to promote any material
pornographic for minors for pecuniary gain; or
4.Â
Produces, presents, directs or participates in any performance
pornographic for minors for pecuniary gain; or
5.Â
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.
[Ord. No. 3844 §1, 3-15-2010; Ord. No. 4085 § 1, 11-21-2016]
A.Â
A person commits the offense of furnishing pornographic material
to minors if, knowing of its content and character, he or she:
1.Â
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.Â
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.Â
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.Â
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.
