Section 573.010

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 573

Effective - 05 Jun 2006, 3 histories, see footnote   (history) 

  *573.010.  Until December 31, 2016 — Definitions. — 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, sexual contact, or a sexual performance, as these terms are defined in section 556.061, and which has as one of its participants or portrays as an observer of such conduct, contact, or performance a minor under the age of eighteen; or

  (b)  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; or

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

  (3)  "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;

  (4)  "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 postpubertal human genitals; provided, however, that works of art or of anthropological significance 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 sexually explicit conduct, that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually 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 modifying the 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 birthmark or other recognizable feature; and

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

  (8)  "Indistinguishable", when used with respect to a depiction, virtually indistinguishable, 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.  Indistinguishable does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults;

  (9)  "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;

  (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 a whole:

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

  (b)  The average person, applying contemporary community standards, would find the material depicts or describes sexual conduct in a patently offensive way; 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 or exhibition performed before an audience of one or more;

  (14)  "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;

  (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 means including a computer;

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

  (17)  "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;

  (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 opposite sex;

  (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 genitals when in a state of sexual stimulation or arousal;

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

  (21)  "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.

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(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

*This section was amended by S.B. 491, 2014, effective 1-01-17.  Due to the delayed effective date, both versions of this section are printed here.