Missouri Laws > Chapter 573 – Pornography and Related Offenses
Terms Used In Missouri Laws > Chapter 573 - Pornography and Related Offenses
- Adult arcade: means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas. See Missouri Laws 573.010
- Adult cabaret: a nightclub, bar, juice bar, restaurant, bottle club, or other commercial establishment, regardless of whether alcoholic beverages are served, which regularly features persons who appear semi-nude. See Missouri Laws 573.010
- Adult motion picture theater: means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions, which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas are regularly shown to more than five persons for any form of consideration. See Missouri Laws 573.010
- adult video store: means a commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas. See Missouri Laws 573.010
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Characterized by: describing the essential character or dominant theme of an item. See Missouri Laws 573.010
- Child: any person under the age of fourteen. See Missouri Laws 573.010
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Employ: "employee", or "employment", any person who performs any service on the premises of a sexually oriented business, on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. See Missouri Laws 573.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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. See Missouri Laws 573.010
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Furnish: to issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide. See Missouri Laws 573.010
- Identifiable minor: means a person who was a minor at the time the visual depiction was created, adapted, or modified. See Missouri Laws 573.010
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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. See Missouri Laws 573.010
- Minor: any person less than eighteen years of age. See Missouri Laws 573.010
- Month: means a calendar month, and "year" means a calendar year unless otherwise expressed, and is equivalent to the words year of our Lord. See Missouri Laws 1.020
- Obscene: any material or performance if, taken as a whole:
(a) Applying contemporary community standards, its predominant appeal is to prurient interest in sex. See Missouri Laws 573.010
- Operator: any person on the premises of a sexually oriented business who causes the business to function, puts or keeps the business in operation, or is authorized to manage the business or exercise overall operational control of the business premises. See Missouri Laws 573.010
- Performance: any play, motion picture film, videotape, dance or exhibition performed before an audience of one or more. See Missouri Laws 573.010
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Pornographic for minors: any material or performance 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. See Missouri Laws 573.010
- Premises: the real property upon which a sexually oriented business is located, and all appurtenances thereto and buildings thereon, including but not limited to the sexually oriented business, the grounds, private walkways, and parking lots or parking garages or both. See Missouri Laws 573.010
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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. See Missouri Laws 573.010
- Property: includes real and personal property. See Missouri Laws 1.020
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Regularly: the consistent and repeated doing of the act so described. See Missouri Laws 573.010
- Sadomasochistic abuse: flagellation or torture by or upon a person as an act of sexual stimulation or gratification. See Missouri Laws 573.010
- Semi-nude model studio: means a place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. See Missouri Laws 573.010
- Sexual conduct: actual or simulated, normal or perverted acts of human masturbation. See Missouri Laws 573.010
- Sexual encounter center: means a business or commercial enterprise that, as one of its principal purposes, purports to offer for any form of consideration physical contact in the form of wrestling or tumbling between two or more persons when one or more of the persons is semi-nude. See Missouri Laws 573.010
- Sexual performance: any performance, or part thereof, which includes sexual conduct by a child who is less than eighteen years of age. See Missouri Laws 573.010
- 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. See Missouri Laws 573.010
- Sexually oriented business: includes :
(a) An adult bookstore or adult video store. See Missouri Laws 573.010
- Specified anatomical areas: include :
(a) Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola. See Missouri Laws 573.010
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- state of nudity: the showing of the human genitals, pubic area, vulva, anus, anal cleft, or the female breast with less than a fully opaque covering of any part of the nipple or areola. See Missouri Laws 573.010
- state of semi-nudity: the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at such point, or the showing of the male or female buttocks. See Missouri Laws 573.010
- Statute: A law passed by a legislature.
- Substantial: at least thirty percent of the item or items so modified. See Missouri Laws 573.010
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- 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. See Missouri Laws 573.010