sec. 78-227. access to materials harmful to minors.
(a) intent and purpose. in enacting this section, the city council declares its purposes and intent to be as follows: there exists an urgent need to prevent commercial exposure of minors to sexually provocative written, photographic, printed, sound or published materials as these are defined in this section, which are hereby declared to be harmful to minors.
(b) findings. it is in the best interest of the health, welfare and safety of citizens of this city and state, and especially of minors within the city and state, that commercial access to such sexually provocative written, photographic, printed, sound or published materials deemed harmful to minors should not be commercially accessible to any person under the age of 18 years.
(c) definitions. as used in this section, the terms defined in this subsection have the following meanings:
exhibit means the location of material harmful to minors in its content where minors are or may be present or allowed to be present and where minors are able to view such material, unless each item of such material is at all times kept in a sealed wrapper.
harmful to minors. any material or performance is pornographic for minors 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;
(2) 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
(3) the material or performance, taken as a whole, lacks serious literary, artistic, political or scientific value for minors.
knowingly means having general knowledge of, or reason to know, or a belief or grounds for belief which warrants further inspections or inquiry concerning:
(1) the character and content of any material which is reasonably susceptible of examination by the defendant; and
(2) the age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability under this section if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
minor means any person under the age of 18 years.
nudity means the showing of the post-pubertal human genitals or pubic area with less than a fully opaque covering.
sexual conduct means 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 or 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 means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
if there is a need to define a term which is not defined in this section, or if the term is defined in rsmo ch. 573, the definition therein shall apply. if there is any conflict between the definitions set forth in this section and definitions used in rsmo ch. 573, the definition in rsmo ch. 573 shall control.
(d) prohibited acts. a person commits the crime of exhibiting pornographic material to minors if, knowing its content and character, he exhibits any material pornographic for minors, knowing that the person to whom it is exhibited is a minor or acting in reckless disregard of the likelihood that such person is a minor.
(e) exceptions. the provisions of subsection (d) of this section shall not apply to the exhibition of material harmful to minors where such material is exhibited under circumstances where minors are not present, are not allowed to be present, or are not able to view such material, or packaging of such material. any business may comply with the requirements of this clause by physically segregating such material in a manner so as to physically prohibit the access to and view of the material by minors, by prominently posting at the entrances to such restricted area the words "adults only--you must be 18 to enter," and by enforcing such restrictions.
(code 1981, § 26-116)