Text of MO SB 1164 (2026)

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SECOND REGULAR SESSION SENATE BILL NO. 1164 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR BRATTIN. 5210S.02I KRISTINA MARTIN, Secretary AN ACT To repeal section 573.010, RSMo, and to enact in lieu thereof three new sections relating to judicial proceedings, with penalty provisions. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 573.010, RSMo, is repealed and three 1 new sections enacted in lieu thereof, to be known as sections 2 537.048, 573.010, and 573.520, to read as follows: 3 537.048. 1. As used in this section, the following 1 terms mean: 2 (1) "Actions or materials that appeal to a prurient 3 interest in sex", actions or materials that are 4 characterized by, fixate on, depict, or exhibit sex, 5 sexually explicit content, sexual desire, a state of nudity 6 or state of seminudity, or obscene or pornographic material; 7 (2) "Adult cabaret establishment", a nightclub, bar, 8 restaurant, or similar establishment in which persons 9 regularly appear in a state of nudity or a state of 10 seminudity in the performance of their duties; 11 (3) "Adult cabaret performance", a performance in a 12 location, other than an adult cabaret establishment, by an 13 adult cabaret performer and which contains actions or 14 materials that appeal to a prurient interest in sex; 15 (4) "Adult cabaret performer", an entertainer who 16 provided an adult cabaret performance, including, but not 17 SB 1164 2 limited to, a topless dancer, go-go dancer, exotic dancer, 18 stripper, or male or female impersonator; 19 (5) "State of nudity", the showing of the human 20 genitals, pubic area, vulva, anus, anal cleft, or female 21 breast less than a fully opaque covering of any part of the 22 nipple or areola; 23 (6) "State of seminudity", a state of dress in which 24 opaque clothing fails to cover the human genitals, pubic 25 area, vulva, anus, anal cleft, nipple and areola of the 26 female breast below a horizontal line across the top of the 27 areola at its highest point and extending across the width 28 of the breast at such point, or the showing of the 29 buttocks. The term "state of seminudity" shall include the 30 entire lower portion of the female breast, but shall not 31 include any portion of the cleavage of the human female 32 breast exhibited by wearing apparel provided the areola is 33 not exposed in whole or part. 34 2. Any person who is a resident of the city, town, or 35 village where an adult cabaret performance is conducted 36 shall have a cause of action for damages or relief, as 37 specified in subsection 3 of this section, against an adult 38 cabaret performer whose adult cabaret performance, proven by 39 a preponderance of the evidence, contains actions or 40 material that appeal to a prurient interest in sex and that 41 occur: 42 (1) On public property; or 43 (2) In a location where the adult cabaret performance 44 could be viewed by a person who is under the age of eighteen. 45 3. A court may award any damages or injunctive relief 46 as it deems necessary, including any actual damages, 47 punitive damages, and reasonable attorney's fees, to a 48 prevailing plaintiff, except no damages, apart from nominal 49 SB 1164 3 damages, shall be awarded in more than one action arising 50 out of a single occurrence. 51 4. Any action pursuant to subsection 2 of this section 52 shall be brought in the circuit court of the county where 53 the adult cabaret performance occurred. Any person entitled 54 to bring an action pursuant to subsection 2 of this section 55 may institute an action as a representative of a class 56 against one or more defendants. 57 573.010. As used in this chapter the following terms 1 shall mean: 2 (1) "Adult cabaret", a nightclub, bar, juice bar, 3 restaurant, bottle club, or other commercial establishment, 4 regardless of whether alcoholic beverages are served, which 5 regularly features persons who appear semi-nude; 6 (2) "Adult cabaret performance", a performance in a 7 location other than an adult cabaret that features topless 8 dancers, go-go dancers, exotic dancers, strippers, male or 9 female impersonators who provide entertainment that appeals 10 to a prurient interest, or similar entertainers who provide 11 entertainment that appeals to a prurient interest in sex, 12 regardless of whether performed for consideration; 13 (3) "Characterized by", describing the essential 14 character or dominant theme of an item; 15 [(3)] (4) "Child", any person under the age of 16 fourteen; 17 [(4)] (5) "Child pornography": 18 (a) Any obscene material or performance depicting 19 sexual conduct, sexual contact as defined in section 20 566.010, or a sexual performance and which has as one of its 21 participants or portrays as an observer of such conduct, 22 contact, or performance a minor; or 23 SB 1164 4 (b) Any visual depiction, including any photograph, 24 film, video, picture, or computer or computer-generated 25 image or picture, whether made or produced by electronic, 26 mechanical, or other means, of sexually explicit conduct 27 where: 28 a. The production of such visual depiction involves 29 the use of a minor engaging in sexually explicit conduct; 30 b. Such visual depiction is a digital image, computer 31 image, or computer-generated image that is, or is 32 indistinguishable from, that of a minor engaging in sexually 33 explicit conduct, in that the depiction is such that an 34 ordinary person viewing the depiction would conclude that 35 the depiction is of an actual minor engaged in sexually 36 explicit conduct; or 37 c. Such visual depiction has been created, adapted, or 38 modified to show that an identifiable minor is engaging in 39 sexually explicit conduct. "Identifiable minor" means a 40 person who was a minor at the time the visual depiction was 41 created, adapted, or modified; or whose image as a minor was 42 used in creating, adapting, or modifying the visual 43 depiction; and who is recognizable as an actual person by 44 the person's face, likeness, or other distinguishing 45 characteristic, such as a unique birthmark or other 46 recognizable feature. The term identifiable minor shall not 47 be construed to require proof of the actual identity of the 48 identifiable minor; 49 [(5)] (6) "Employ", "employee", or "employment", any 50 person who performs any service on the premises of a 51 sexually oriented business, on a full-time, part-time, or 52 contract basis, whether or not the person is denominated an 53 employee, independent contractor, agent, or otherwise. 54 Employee does not include a person exclusively on the 55 SB 1164 5 premises for repair or maintenance of the premises or for 56 the delivery of goods to the premises; 57 [(6)] (7) "Explicit sexual material", any pictorial or 58 three-dimensional material depicting human masturbation, 59 deviate sexual intercourse, sexual intercourse, direct 60 physical stimulation or unclothed genitals, sadomasochistic 61 abuse, or emphasizing the depiction of postpubertal human 62 genitals; provided, however, that works of art or of 63 anthropological significance shall not be deemed to be 64 within the foregoing definition; 65 [(7)] (8) "Furnish", to issue, sell, give, provide, 66 lend, mail, deliver, transfer, circulate, disseminate, 67 present, exhibit or otherwise provide; 68 [(8)] (9) "Material", anything printed or written, or 69 any picture, drawing, photograph, motion picture film, 70 videotape or videotape production, or pictorial 71 representation, or any recording or transcription, or any 72 mechanical, chemical, or electrical reproduction, or stored 73 computer data, or anything which is or may be used as a 74 means of communication. Material includes undeveloped 75 photographs, molds, printing plates, stored computer data 76 and other latent representational objects; 77 [(9)] (10) "Minor", any person less than eighteen 78 years of age; 79 [(10)] (11) "Nudity" or "state of nudity", the showing 80 of the human genitals, pubic area, vulva, anus, anal cleft, 81 or the female breast with less than a fully opaque covering 82 of any part of the nipple or areola; 83 [(11)] (12) "Obscene", any material or performance if, 84 taken as a whole: 85 (a) Applying contemporary community standards, its 86 predominant appeal is to prurient interest in sex; and 87 SB 1164 6 (b) The average person, applying contemporary 88 community standards, would find the material depicts or 89 describes sexual conduct in a patently offensive way; and 90 (c) A reasonable person would find the material lacks 91 serious literary, artistic, political or scientific value; 92 [(12)] (13) "Operator", any person on the premises of 93 a sexually oriented business who causes the business to 94 function, puts or keeps the business in operation, or is 95 authorized to manage the business or exercise overall 96 operational control of the business premises. A person may 97 be found to be operating or causing to be operated a 98 sexually oriented business whether or not such person is an 99 owner, part owner, or licensee of the business; 100 [(13)] (14) "Performance", any play, motion picture 101 film, videotape, dance or exhibition performed before an 102 audience of one or more; 103 [(14)] (15) "Pornographic for minors", any material or 104 performance if the following apply: 105 (a) The average person, applying contemporary 106 community standards, would find that the material or 107 performance, taken as a whole, has a tendency to cater or 108 appeal to a prurient interest of minors; and 109 (b) The material or performance depicts or describes 110 nudity, sexual conduct, the condition of human genitals when 111 in a state of sexual stimulation or arousal, or 112 sadomasochistic abuse in a way which is patently offensive 113 to the average person applying contemporary adult community 114 standards with respect to what is suitable for minors; and 115 (c) The material or performance, taken as a whole, 116 lacks serious literary, artistic, political, or scientific 117 value for minors; 118 SB 1164 7 [(15)] (16) "Premises", the real property upon which a 119 sexually oriented business is located, and all appurtenances 120 thereto and buildings thereon, including but not limited to 121 the sexually oriented business, the grounds, private 122 walkways, and parking lots or parking garages or both; 123 [(16)] (17) "Promote", to manufacture, issue, sell, 124 provide, mail, deliver, transfer, transmute, publish, 125 distribute, circulate, disseminate, present, exhibit, or 126 advertise, or to offer or agree to do the same, by any means 127 including a computer; 128 [(17)] (18) "Regularly", the consistent and repeated 129 doing of the act so described; 130 [(18)] (19) "Sadomasochistic abuse", flagellation or 131 torture by or upon a person as an act of sexual stimulation 132 or gratification; 133 [(19)] (20) "Semi-nude" or "state of semi-nudity", the 134 showing of the female breast below a horizontal line across 135 the top of the areola and extending across the width of the 136 breast at such point, or the showing of the male or female 137 buttocks. Such definition includes the lower portion of the 138 human female breast, but shall not include any portion of 139 the cleavage of the female breasts exhibited by a bikini, 140 dress, blouse, shirt, leotard, or similar wearing apparel 141 provided the areola is not exposed in whole or in part; 142 [(20)] (21) "Sexual conduct", actual or simulated, 143 normal or perverted acts of human masturbation; deviate 144 sexual intercourse; sexual intercourse; or physical contact 145 with a person's clothed or unclothed genitals, pubic area, 146 buttocks, or the breast of a female in an act of apparent 147 sexual stimulation or gratification or any sadomasochistic 148 abuse or acts including animals or any latent objects in an 149 act of apparent sexual stimulation or gratification; 150 SB 1164 8 [(21)] (22) "Sexually explicit conduct", actual or 151 simulated: 152 (a) Sexual intercourse, including genital-genital, 153 oral-genital, anal-genital, or oral-anal, whether between 154 persons of the same or opposite sex; 155 (b) Bestiality; 156 (c) Masturbation; 157 (d) Sadistic or masochistic abuse; or 158 (e) Lascivious exhibition of the genitals or pubic 159 area of any person; 160 [(22)] (23) "Sexually oriented business" includes: 161 (a) An adult bookstore or adult video store. "Adult 162 bookstore" or "adult video store" means a commercial 163 establishment which, as one of its principal business 164 activities, offers for sale or rental for any form of 165 consideration any one or more of the following: books, 166 magazines, periodicals, or other printed matter, or 167 photographs, films, motion pictures, video cassettes, 168 compact discs, digital video discs, slides, or other visual 169 representations which are characterized by their emphasis 170 upon the display of specified sexual activities or specified 171 anatomical areas. A principal business activity exists 172 where the commercial establishment: 173 a. Has a substantial portion of its displayed 174 merchandise which consists of such items; or 175 b. Has a substantial portion of the wholesale value of 176 its displayed merchandise which consists of such items; or 177 c. Has a substantial portion of the retail value of 178 its displayed merchandise which consists of such items; or 179 d. Derives a substantial portion of its revenues from 180 the sale or rental, for any form of consideration, of such 181 items; or 182 SB 1164 9 e. Maintains a substantial section of its interior 183 business space for the sale or rental of such items; or 184 f. Maintains an adult arcade. "Adult arcade" means 185 any place to which the public is permitted or invited 186 wherein coin-operated or slug-operated or electronically, 187 electrically, or mechanically controlled still or motion 188 picture machines, projectors, or other image-producing 189 devices are regularly maintained to show images to five or 190 fewer persons per machine at any one time, and where the 191 images so displayed are characterized by their emphasis upon 192 matter exhibiting specified sexual activities or specified 193 anatomical areas; 194 (b) An adult cabaret; 195 (c) An adult motion picture theater. "Adult motion 196 picture theater" means a commercial establishment where 197 films, motion pictures, video cassettes, slides, or similar 198 photographic reproductions, which are characterized by their 199 emphasis upon the display of specified sexual activities or 200 specified anatomical areas are regularly shown to more than 201 five persons for any form of consideration; 202 (d) A semi-nude model studio. "Semi-nude model 203 studio" means a place where persons regularly appear in a 204 state of semi-nudity for money or any form of consideration 205 in order to be observed, sketched, drawn, painted, 206 sculptured, photographed, or similarly depicted by other 207 persons. Such definition shall not apply to any place where 208 persons appearing in a state of semi-nudity do so in a 209 modeling class operated: 210 a. By a college, junior college, or university 211 supported entirely or partly by taxation; 212 b. By a private college or university which maintains 213 and operates educational programs in which credits are 214 SB 1164 10 transferable to a college, junior college, or university 215 supported entirely or partly by taxation; or 216 c. In a structure: 217 (i) Which has no sign visible from the exterior of the 218 structure and no other advertising that indicates a semi- 219 nude person is available for viewing; and 220 (ii) Where, in order to participate in a class, a 221 student must enroll at least three days in advance of the 222 class; 223 (e) A sexual encounter center. "Sexual encounter 224 center" means a business or commercial enterprise that, as 225 one of its principal purposes, purports to offer for any 226 form of consideration physical contact in the form of 227 wrestling or tumbling between two or more persons when one 228 or more of the persons is semi-nude; 229 [(23)] (24) "Sexual performance", any performance, or 230 part thereof, which includes sexual conduct by a child who 231 is less than eighteen years of age; 232 [(24)] (25) "Specified anatomical areas" include: 233 (a) Less than completely and opaquely covered: human 234 genitals, pubic region, buttock, and female breast below a 235 point immediately above the top of the areola; and 236 (b) Human male genitals in a discernibly turgid state, 237 even if completely and opaquely covered; 238 [(25)] (26) "Specified sexual activity", includes any 239 of the following: 240 (a) Intercourse, oral copulation, masturbation, or 241 sodomy; or 242 (b) Excretory functions as a part of or in connection 243 with any of the activities described in paragraph (a) of 244 this subdivision; 245 SB 1164 11 [(26)] (27) "Substantial", at least thirty percent of 246 the item or items so modified; 247 [(27)] (28) "Visual depiction", includes undeveloped 248 film and videotape, and data stored on computer disk or by 249 electronic means which is capable of conversion into a 250 visual image. 251 573.520. 1. A person commits the offense of engaging 1 in an adult cabaret performance if such performance is: 2 (1) On public property; or 3 (2) In a location where the adult cabaret performance 4 could be viewed by a person who is not an adult. 5 2. The offense of engaging in an adult cabaret 6 performance is a class A misdemeanor for a first offense and 7 a class E felony for any second or subsequent offense. 8 3. The provisions of this section shall: 9 (1) Preempt an ordinance or a regulation, restriction, 10 or license that was lawfully adopted or issued by a 11 political subdivision prior to August 28, 2026, if such 12 ordinance, regulation, restriction, or license conflicts 13 with this section; and 14 (2) Prevent or preempt a political subdivision from 15 enacting and enforcing in the future other ordinances, 16 regulations, restrictions, or licenses that are in conflict 17 with this section. 18 ✓