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HomeMy WebLinkAbout1978-24 - Addition of Section 23.007 of the Criminal CodeBILL NO. ORDINANCE NO. 7~ AN ORDINANCE REPEALING ALL PRIOR ORDINANCES ON THE TOPIC OF PORNOGRAPHY, ENACTING A NEW SECTION OF THE CRIMINAL CODE DEALING WITH PORNOGRAPHY AND THE PENALTIES THEREFORE TO BE KNOWN AS SECTION 23.007 OF THE CRIMINAL CODE OF RIVERSIDE, MISSOURI. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1. Sections 23.007, 23.013, 23.014 and 23.011 of the Criminal Code of the City of Riverside, Missouri, is hereby repealed as of 197~j. SECTION 2. Section 23.007 is hereby adopted as an amended part of the Criminal Code of Riverside, Missouri, to-wit: 23.007 PORNOGRAPHY 23.007-A Promoting pornograph 1. A person commits the crime of promoting pornography if, knowing its contents and character, he: (a) Promotes or possesses with the purpose to promote any pornographic material for pecuniary gain; or (b) Produces, presents, directs or participates in any pornographic performance for pecuniary gain. 2. Definitions. As used in this section (a) "Pornographic", any material or performance is "pornographic" if, considered as a whole, applying contemporary community standards: (1) Its predominant appeal is to prurient interest in sex; and (2) It depicts or describes sexual conduct in a patently offensive way; and (3) It lacks serious literary, artistic, political or scientific value. _ In determining whether any material or performance is pornographic, '' it shall be judged with reference to its impact upon ordinary adults; (b) "Material" means anything printed or written, or any picture, drawing, photograph, motion picture film, 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 represent- ational objects; (c) "Performance" means any play, motion picture film, dance or exhibition performed before an audience; (d) "Promote" means 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; (e) "Sexual conduct" means 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 breasts of a female in an act of apparent sexual stimulation or gratification. 23.007-B Furnishing pornographic materials to minors 1. A person commits the crime of furnishing pornographic material to minors if, knowing its content and character, he: (a) 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 (b) 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. 2. Definitions As used in this section (a) "Pornographic", "material", "performance", "promote" and "sexual conduct" shall be defined as defined in / section 23.007-A above; (b) "Furnish" means to issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide; (c) "Minor" means any person under the age of eighteen; (d) "Pornographic for minors", any material or per- formance is "pornographic for minors" if it is primarily devoted to description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse and: (1) its predominant appeal is to prurient interest in sex; and (2) It is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (3) It lacks serious literary, artistic, political, or scientific value for minors; (e) "Nudity" means the showing of post-pubertal human genitals or pubic area, with less than a fully opague covering; (f) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal; (g) "Sadomasochistic abuse" means flagellation or torture by or upon a person as an act .of sexual stimulation or gratification. 23.007-C Evidence in pornography cases 1. In any prosecution under this Chapter evidence shall be admissible to show: (a) What the predominant appeal of the material or performance would be for ordinary adults or minors; (b) The literary, artistic, political or scientific value of the material or performance; (c) The degree of public acceptance in this State and in the local community; (d) The appeal to prurient interest in advertising or other promotion of the material or performance; (e) The purpose of the author, creator, promoter, furnisher or publisher of the material or performance. 2. Testimony of the author, creator, promoter, furnisher, publisher, or expert testimony, relating to factors entering. into the determination of the issues of pornography, shall be admissible. 23.007-D Public display of explicit sexual material 1. A person commits the crime of public display of explicit sexual material if he knowingly: (a) Displays publicly explicit sexual material; or (b) Fails to take prompt action to remove such a display from property in his possession after learning of its existence. 2. Definitions As used in this section (a) "Explicit sexual material" means any pictorial or three dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sa3omasochistic 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; (b) "Displays publicly" means 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 dis- tinguished by normal unaided vision viewing it from a street, highway or public sidewalk, or from the property of others. SECTION 3. Any violation of this section shall constitute a misdemeanor punishable by fine or incarceration as provided in Section 25.003 of this Criminal Code. SECTION 4. This ordinance shall be effective on ~'~p'2 197 SECTION 5. If any section or portion of this Criminal ordinance shall be declared unconstitutional or in violation of any Statute or in conflict therewith, for any reason and by any competent Court, then all other ordinances, Criminal Code, sections or portions thereof, shall remain in full , force and effect, each such ordinance or portion thereof are hereby declared to be separate and severable. PASSED THIS 3/1, DAY OF ~ ~~_, 197. MAYOR ATTEST: CITY CL RK APPROVED THIS ~ DAY OF ~~~I:.V--~r++ , 197 d MAYOR