HOUSE BILL NO. 1689 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE CUPPS.
4187H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 573.010 and 573.550, RSMo, and to enact in lieu thereof two new sections relating to artificially generated visual depictions of a minor, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 573.010 and 573.550, RSMo, are repealed and two new sections 2 enacted in lieu thereof, to be known as sections 573.010 and 573.550, to read as follows: 573.010. As used in this chapter the following terms shall mean: 2 (1) "Adult cabaret", a nightclub, bar, juice bar, restaurant, bottle club, or other 3 commercial establishment, regardless of whether alcoholic beverages are served, which 4 regularly features persons who appear semi-nude; 5 (2) "Artificially generated visual depiction", includes depictions that are obscene 6 and indistinguishable from a real minor, morphed from a real minor's image, or 7 generated without any actual minor involvement; 8 (3) "Characterized by", describing the essential character or dominant theme of an 9 item; 10 [(3)] (4) "Child", any person under the age of fourteen; 11 [(4)] (5) "Child pornography": 12 (a) Any obscene material or performance depicting sexual conduct, sexual contact as 13 defined in section 566.010, or a sexual performance and which has as one of its participants or 14 portrays as an observer of such conduct, contact, or performance a minor; or 15 (b) Any visual depiction or artificially generated visual depiction, including any 16 photograph, film, video, picture, or computer or computer-generated image or picture,
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1689 2
17 whether made or produced by electronic, mechanical, or other means, of sexually explicit 18 conduct where: 19 a. The production of such visual depiction or artificially generated visual depiction 20 involves the use of a minor engaging in sexually explicit conduct; 21 b. Such visual depiction or artificially generated visual depiction is a digital image, 22 computer image, or computer-generated image that is, or is indistinguishable from, that of a 23 minor engaging in sexually explicit conduct, in that the depiction is such that an ordinary 24 person viewing the depiction would conclude that the depiction is of an actual minor engaged 25 in sexually explicit conduct; or 26 c. Such visual depiction or artificially generated visual depiction has been created, 27 adapted, or modified to show that an identifiable minor is engaging in sexually explicit 28 conduct. "Identifiable minor" means a person who was a minor at the time the visual 29 depiction or artificially generated visual depiction was created, adapted, or modified; or 30 whose image as a minor was used in creating, adapting, or modifying the visual depiction or 31 artificially generated visual depiction; and who is recognizable as an actual person by the 32 person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or 33 other recognizable feature. The term identifiable minor shall not be construed to require 34 proof of the actual identity of the identifiable minor; 35 [(5)] (6) "Employ", "employee", or "employment", any person who performs any 36 service on the premises of a sexually oriented business, on a full-time, part-time, or contract 37 basis, whether or not the person is denominated an employee, independent contractor, agent, 38 or otherwise. Employee does not include a person exclusively on the premises for repair or 39 maintenance of the premises or for the delivery of goods to the premises; 40 [(6)] (7) "Explicit sexual material", any pictorial or three-dimensional material 41 depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical 42 stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of 43 postpubertal human genitals; provided, however, that works of art or of anthropological 44 significance shall not be deemed to be within the foregoing definition; 45 [(7)] (8) "Furnish", to issue, sell, give, provide, lend, mail, deliver, transfer, circulate, 46 disseminate, present, exhibit or otherwise provide; 47 [(8)] (9) "Material", anything printed or written, or any picture, drawing, photograph, 48 motion picture film, videotape or videotape production, or pictorial representation, or any 49 artificially generated visual depiction, or any recording or transcription, or any mechanical, 50 chemical, or electrical reproduction, or stored computer data, or anything which is or may be 51 used as a means of communication. Material includes undeveloped photographs, molds, 52 printing plates, stored computer data and other latent representational objects; 53 [(9)] (10) "Minor", any person less than eighteen years of age; HB 1689 3
54 [(10)] (11) "Nudity" or "state of nudity", the showing of the human genitals, pubic 55 area, vulva, anus, anal cleft, or the female breast with less than a fully opaque covering of any 56 part of the nipple or areola; 57 [(11)] (12) "Obscene", any material or performance if, taken as a whole: 58 (a) Applying contemporary community standards, its predominant appeal is to 59 prurient interest in sex; and 60 (b) The average person, applying contemporary community standards, would find the 61 material depicts or describes sexual conduct in a patently offensive way; and 62 (c) A reasonable person would find the material lacks serious literary, artistic, 63 political or scientific value; 64 [(12)] (13) "Operator", any person on the premises of a sexually oriented business 65 who causes the business to function, puts or keeps the business in operation, or is authorized 66 to manage the business or exercise overall operational control of the business premises. A 67 person may be found to be operating or causing to be operated a sexually oriented business 68 whether or not such person is an owner, part owner, or licensee of the business; 69 [(13)] (14) "Performance", any play, motion picture film, videotape, dance or 70 exhibition performed before an audience of one or more; 71 [(14)] (15) "Pornographic for minors", any material or performance if the following 72 apply: 73 (a) The average person, applying contemporary community standards, would find 74 that the material or performance, taken as a whole, has a tendency to cater or appeal to a 75 prurient interest of minors; and 76 (b) The material or performance depicts or describes nudity, sexual conduct, the 77 condition of human genitals when in a state of sexual stimulation or arousal, or 78 sadomasochistic abuse in a way which is patently offensive to the average person applying 79 contemporary adult community standards with respect to what is suitable for minors; and 80 (c) The material or performance, taken as a whole, lacks serious literary, artistic, 81 political, or scientific value for minors; 82 [(15)] (16) "Premises", the real property upon which a sexually oriented business is 83 located, and all appurtenances thereto and buildings thereon, including but not limited to the 84 sexually oriented business, the grounds, private walkways, and parking lots or parking 85 garages or both; 86 [(16)] (17) "Promote", to manufacture, issue, sell, provide, mail, deliver, transfer, 87 transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer 88 or agree to do the same, by any means including a computer; 89 [(17)] (18) "Regularly", the consistent and repeated doing of the act so described; HB 1689 4
90 [(18)] (19) "Sadomasochistic abuse", flagellation or torture by or upon a person as an 91 act of sexual stimulation or gratification; 92 [(19)] (20) "Semi-nude" or "state of semi-nudity", the showing of the female breast 93 below a horizontal line across the top of the areola and extending across the width of the 94 breast at such point, or the showing of the male or female buttocks. Such definition includes 95 the lower portion of the human female breast, but shall not include any portion of the 96 cleavage of the female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar 97 wearing apparel provided the areola is not exposed in whole or in part; 98 [(20)] (21) "Sexual conduct", actual or simulated, normal or perverted acts of human 99 masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a 100 person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act 101 of apparent sexual stimulation or gratification or any sadomasochistic abuse or acts including 102 animals or any latent objects in an act of apparent sexual stimulation or gratification; 103 [(21)] (22) "Sexually explicit conduct", actual or simulated: 104 (a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral- 105 anal, whether between persons of the same or opposite sex; 106 (b) Bestiality; 107 (c) Masturbation; 108 (d) Sadistic or masochistic abuse; or 109 (e) Lascivious exhibition of the genitals or pubic area of any person; 110 [(22)] (23) "Sexually oriented business" includes: 111 (a) An adult bookstore or adult video store. "Adult bookstore" or "adult video store" 112 means a commercial establishment which, as one of its principal business activities, offers for 113 sale or rental for any form of consideration any one or more of the following: books, 114 magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video 115 cassettes, compact discs, digital video discs, slides, or other visual representations which are 116 characterized by their emphasis upon the display of specified sexual activities or specified 117 anatomical areas. A principal business activity exists where the commercial establishment: 118 a. Has a substantial portion of its displayed merchandise which consists of such 119 items; or 120 b. Has a substantial portion of the wholesale value of its displayed merchandise 121 which consists of such items; or 122 c. Has a substantial portion of the retail value of its displayed merchandise which 123 consists of such items; or 124 d. Derives a substantial portion of its revenues from the sale or rental, for any form of 125 consideration, of such items; or HB 1689 5
126 e. Maintains a substantial section of its interior business space for the sale or rental of 127 such items; or 128 f. Maintains an adult arcade. "Adult arcade" means any place to which the public is 129 permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or 130 mechanically controlled still or motion picture machines, projectors, or other image- 131 producing devices are regularly maintained to show images to five or fewer persons per 132 machine at any one time, and where the images so displayed are characterized by their 133 emphasis upon matter exhibiting specified sexual activities or specified anatomical areas; 134 (b) An adult cabaret; 135 (c) An adult motion picture theater. "Adult motion picture theater" means a 136 commercial establishment where films, motion pictures, video cassettes, slides, or similar 137 photographic reproductions, which are characterized by their emphasis upon the display of 138 specified sexual activities or specified anatomical areas are regularly shown to more than five 139 persons for any form of consideration; 140 (d) A semi-nude model studio. "Semi-nude model studio" means a place where 141 persons regularly appear in a state of semi-nudity for money or any form of consideration in 142 order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly 143 depicted by other persons. Such definition shall not apply to any place where persons 144 appearing in a state of semi-nudity do so in a modeling class operated: 145 a. By a college, junior college, or university supported entirely or partly by taxation; 146 b. By a private college or university which maintains and operates educational 147 programs in which credits are transferable to a college, junior college, or university supported 148 entirely or partly by taxation; or 149 c. In a structure: 150 (i) Which has no sign visible from the exterior of the structure and no other 151 advertising that indicates a semi-nude person is available for viewing; and 152 (ii) Where, in order to participate in a class, a student must enroll at least three days in 153 advance of the class; 154 (e) A sexual encounter center. "Sexual encounter center" means a business or 155 commercial enterprise that, as one of its principal purposes, purports to offer for any form of 156 consideration physical contact in the form of wrestling or tumbling between two or more 157 persons when one or more of the persons is semi-nude; 158 [(23)] (24) "Sexual performance", any performance, or part thereof, which includes 159 sexual conduct by a child who is less than eighteen years of age; 160 [(24)] (25) "Specified anatomical areas" include: 161 (a) Less than completely and opaquely covered: human genitals, pubic region, 162 buttock, and female breast below a point immediately above the top of the areola; and HB 1689 6
163 (b) Human male genitals in a discernibly turgid state, even if completely and 164 opaquely covered; 165 [(25)] (26) "Specified sexual activity", includes any of the following: 166 (a) Intercourse, oral copulation, masturbation, or sodomy; or 167 (b) Excretory functions as a part of or in connection with any of the activities 168 described in paragraph (a) of this subdivision; 169 [(26)] (27) "Substantial", at least thirty percent of the item or items so modified; 170 [(27)] (28) "Visual depiction", includes undeveloped film and videotape, and data 171 stored on computer disk or by electronic means which is capable of conversion into a visual 172 image. 573.550. 1. A person commits the offense of providing explicit sexual material to a 2 student if such person is affiliated with a public or private elementary or secondary school in 3 an official capacity and, knowing of its content and character, such person provides, assigns, 4 supplies, distributes, loans, or coerces acceptance of or the approval of the providing of 5 explicit sexual material to a student or possesses with the purpose of providing, assigning, 6 supplying, distributing, loaning, or coercing acceptance of or the approval of the providing of 7 explicit sexual material to a student. 8 2. The offense of providing explicit sexual material to a student is a class A 9 misdemeanor. 10 3. As used in this section, the following terms shall mean: 11 (1) "Explicit sexual material", any pictorial, three-dimensional, or visual depiction or 12 artificially generated visual depiction, including any photography, film, video, picture, or 13 computer-generated image, showing human masturbation, deviate sexual intercourse as 14 defined in section 566.010, sexual intercourse, direct physical stimulation of genitals, 15 sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals; 16 provided, however, that works of art, when taken as a whole, that have serious artistic 17 significance, or works of anthropological significance, or materials used in science courses, 18 including but not limited to materials used in biology, anatomy, physiology, and sexual 19 education classes shall not be deemed to be within the foregoing definition; 20 (2) "Person affiliated with a public or private elementary or secondary school in an 21 official capacity", an administrator, teacher, librarian, media center personnel, substitute 22 teacher, teacher's assistant, student teacher, law enforcement officer, school board member, 23 school bus driver, guidance counselor, coach, guest lecturer, guest speaker, or other nonschool 24 employee who is invited to present information to students by a teacher, administrator, or HB 1689 7
25 other school employee. Such term shall not include a student enrolled in the elementary or 26 secondary school. ✔
Statutes affected: