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Section 573.010 Definitions.
As used in this chapter the following terms shall mean:
(1) "Child pornography", any material or performance depicting
sexual conduct, sexual contact, or a sexual performance as these terms
are defined in section 556.061, RSMo, and which has as one of its
participants or portrays as an observer of such conduct, contact, or
performance a child under the age of eighteen; provided, that it shall
not include material which is not the visual reproduction of a live
event;
(2) "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 a
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;
(3) "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 of
anthropological significance shall not be deemed to be within the
foregoing definition;
(4) "Furnish", to issue, sell, give, provide, lend, mail, deliver,
transfer, circulate, disseminate, present, exhibit or otherwise provide;
(5) "Material", 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;
(6) "Minor", any person under the age of eighteen;
(7) "Nudity", the showing of post-pubertal human genitals or pubic
area, with less than a fully opaque covering;
(8) "Obscene", any material or performance is obscene if:
(a) Applying contemporary community standards, its predominant
appeal is to prurient interest in sex; and
(b) Taken as a whole with the average person, applying
contemporary community standards, it depicts or describes sexual conduct
in a patently offensive way; and
(c) Taken as a whole, it lacks serious literary, artistic,
political or scientific value;
(9) "Performance", any play, motion picture film, videotape, dance
or exhibition performed before an audience of one or more;
(10) "Pornographic for minors", any material or performance is
pornographic for minors if the following apply:
(a) 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
(b) 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
(c) The material or performance, taken as a whole, lacks serious
literary, artistic, political, or scientific value for minors;
(11) "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;
(12) "Sadomasochistic abuse", flagellation or torture by or upon a
person as an act of sexual stimulation or gratification;
(13) "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;
(14) "Sexual excitement", the condition of human male or female
genitals when in a state of sexual stimulation or arousal;
(15) "Wholesale promote", to manufacture, issue, sell, provide,
mail, deliver, transfer, transmute, publish, distribute, circulate,
disseminate, or to offer or agree to do the same for purposes of resale
or redistribution.
Section 573.020 Pornography and Related Offenses
Promoting obscenity in the first degree.
1. A person commits the crime of promoting obscenity in the first
degree if, knowing its content and character:
(1) He wholesale promotes or possesses with the purpose to
wholesale promote any obscene material; or
(2) He wholesale promotes for minors or possesses with the purpose
to wholesale promote for minors any material pornographic for minors.
2. Promoting obscenity in the first degree is a class D felony.
Section 573.065 Pornography and Related Offenses
Coercing acceptance of obscene material.
1. A person commits the crime of coercing acceptance of obscene
material if, knowing its content and character:
(1) He requires acceptance of obscene material as a condition to
any sale, allocation, consignment or delivery of any other material; or
(2) He 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.
2. Coercing acceptance of obscene material is a class D felony.
Effective 7-15-87
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Section 566.032. STATUTORY RAPE, first degree, penalties.
1. A person commits the crime of statutory rape in the first degree if
he has sexual intercourse with another person who is less than fourteen
years old.
2. Statutory rape in the first degree is a felony for which the
authorized term of imprisonment is life imprisonment or a term of years
not less than five years, unless in the course thereof the actor
inflicts serious physical injury on any person, displays a deadly weapon
or dangerous instrument in a threatening manner, subjects the victim to
sexual intercourse or deviate sexual intercourse with more than one
person, or the victim is less than twelve years of age in which case the
authorized term of imprisonment is life imprisonment or a term of years
not less than ten years.
Effective 1-1-95
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