When used in this Article, the following terms shall have the meanings set out herein:
CHILD
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]
CHILD PORNOGRAPHY
[R.O. 1992 § 212.010; Ord. No. 7273 § 1, 8-17-1992; Ord. No. 01-8961 § 1, 1-2-2001]
1. 
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
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, 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
c. 
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.
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 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]
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 less than eighteen (18) years of age.
NUDITY or STATE OF NUDITY
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.
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 the following apply:
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, 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
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 sexual stimulation or gratification.
SEXUAL EXCITEMENT
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.