573.010. Definitions. - Missouri Statutes

Definitions.

573.010. As used in this chapter the following terms shall mean:

(1) "Child", any person under the age of fourteen;

(2) "Child pornography":

(a) Any obscene material or performance depicting sexual conduct, sexualcontact, or a sexual performance, as these terms are defined in section556.061, RSMo, and which has as one of its participants or portrays as anobserver of such conduct, contact, or performance a minor under the age ofeighteen; or

(b) Any visual depiction, including any photograph, film, video,picture, or computer or computer-generated image or picture, whether made orproduced by electronic, mechanical, or other means, of sexually explicitconduct where:

a. The production of such visual depiction involves the use of a minorengaging in sexually explicit conduct;

b. Such visual depiction is a digital image, computer image, orcomputer-generated image that is, or is indistinguishable from, that of aminor engaging in sexually explicit conduct; or

c. Such visual depiction has been created, adapted, or modified to showthat an identifiable minor is engaging in sexually explicit conduct;

(3) "Displays publicly", exposing, placing, posting, exhibiting, or inany fashion displaying in any location, whether public or private, an item insuch a manner that it may be readily seen and its content or characterdistinguished by normal unaided vision viewing it from a street, highway orpublic sidewalk, or from the property of others or from any portion of theperson's store, or the exhibitor's store or property when items and materialother than this material are offered for sale or rent to the public;

(4) "Explicit sexual material", any pictorial or three-dimensionalmaterial depicting human masturbation, deviate sexual intercourse, sexualintercourse, direct physical stimulation or unclothed genitals,sadomasochistic abuse, or emphasizing the depiction of postpubertal humangenitals; provided, however, that works of art or of anthropologicalsignificance shall not be deemed to be within the foregoing definition;

(5) "Furnish", to issue, sell, give, provide, lend, mail, deliver,transfer, circulate, disseminate, present, exhibit or otherwise provide;

(6) "Graphic", when used with respect to a depiction of sexuallyexplicit conduct, that a viewer can observe any part of the genitals or pubicarea of any depicted person or animal during any part of the time that thesexually explicit conduct is being depicted;

(7) "Identifiable minor":

(a) A person:

a. (i) Who was a minor at the time the visual depiction was created,adapted, or modified; or

(ii) Whose image as a minor was used in creating, adapting, or modifyingthe visual depiction; and

b. Who is recognizable as an actual person by the person's face,likeness, or other distinguishing characteristic, such as a unique birthmarkor other recognizable feature; and

(b) The term shall not be construed to require proof of the actualidentity of the identifiable minor;

(8) "Indistinguishable", when used with respect to a depiction,virtually indistinguishable, in that the depiction is such that an ordinaryperson viewing the depiction would conclude that the depiction is of an actualminor engaged in sexually explicit conduct. Indistinguishable does not applyto depictions that are drawings, cartoons, sculptures, or paintings depictingminors or adults;

(9) "Material", anything printed or written, or any picture, drawing,photograph, motion picture film, videotape or videotape production, orpictorial representation, or any recording or transcription, or anymechanical, chemical, or electrical reproduction, or stored computer data, oranything which is or may be used as a means of communication. Materialincludes undeveloped photographs, molds, printing plates, stored computer dataand other latent representational objects;

(10) "Minor", any person under the age of eighteen;

(11) "Nudity", the showing of postpubertal human genitals or pubic area,with less than a fully opaque covering;

(12) "Obscene", any material or performance is obscene if, taken as awhole:

(a) Applying contemporary community standards, its predominant appeal isto prurient interest in sex; and

(b) The average person, applying contemporary community standards, wouldfind the material depicts or describes sexual conduct in a patently offensiveway; and

(c) A reasonable person would find the material lacks serious literary,artistic, political or scientific value;

(13) "Performance", any play, motion picture film, videotape, dance orexhibition performed before an audience of one or more;

(14) "Pornographic for minors", any material or performance ispornographic for minors if the following apply:

(a) The average person, applying contemporary community standards, wouldfind that the material or performance, taken as a whole, has a tendency tocater or appeal to a prurient interest of minors; and

(b) The material or performance depicts or describes nudity, sexualconduct, sexual excitement, or sadomasochistic abuse in a way which ispatently offensive to the average person applying contemporary adult communitystandards with respect to what is suitable for minors; and

(c) The material or performance, taken as a whole, lacks seriousliterary, artistic, political, or scientific value for minors;

(15) "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 meansincluding a computer;

(16) "Sadomasochistic abuse", flagellation or torture by or upon aperson as an act of sexual stimulation or gratification;

(17) "Sexual conduct", actual or simulated, normal or perverted acts ofhuman masturbation; deviate sexual intercourse; sexual intercourse; orphysical contact with a person's clothed or unclothed genitals, pubic area,buttocks, or the breast of a female in an act of apparent sexual stimulationor gratification or any sadomasochistic abuse or acts including animals or anylatent objects in an act of apparent sexual stimulation or gratification;

(18) "Sexually explicit conduct", actual or simulated:

(a) Sexual intercourse, including genital-genital, oral-genital,anal-genital, or oral-anal, whether between persons of the same or oppositesex;

(b) Bestiality;

(c) Masturbation;

(d) Sadistic or masochistic abuse; or

(e) Lascivious exhibition of the genitals or pubic area of any person;

(19) "Sexual excitement", the condition of human male or female genitalswhen in a state of sexual stimulation or arousal;

(20) "Visual depiction", includes undeveloped film and videotape, anddata stored on computer disk or by electronic means which is capable ofconversion into a visual image;

(21) "Wholesale promote", to manufacture, issue, sell, provide, mail,deliver, transfer, transmute, publish, distribute, circulate, disseminate, orto offer or agree to do the same for purposes of resale or redistribution.

(L. 1977 S.B. 60, A.L. 1985 H.B. 366, et al., A.L. 1987 H.B. 113, et al., A.L. 1989 H.B. 225, A.L. 2000 S.B. 757 & 602, A.L. 2006 H.B. 1698, et al.)

Effective 6-05-06