Text of MO SB 950 (2024)

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. 950 102ND GENERAL ASSEMBLY INTRODUCED BY SENATOR BRATTIN. 3930S.01I KRISTINA MARTIN, Secretary AN ACT To repeal section 573.550, RSMo, and to enact in lieu thereof one new section relating to the offense of providing explicit sexual material to a student, with penalty provisions. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 573.550, RSMo, is repealed and one new 1 section enacted in lieu thereof, to be known as section 573.550, 2 to read as follows: 3 573.550. 1. A person commits the offense of providing 1 explicit sexual material to a student if such person is 2 affiliated with a public or private elementary or secondary 3 school in an official capacity and, knowing of its content 4 and character, such person provides, assigns, supplies, 5 distributes, loans, or coerces acceptance of or the approval 6 of the providing of explicit sexual material to a student or 7 possesses with the purpose of providing, assigning, 8 supplying, distributing, loaning, or coercing acceptance of 9 or the approval of the providing of explicit sexual material 10 to a student. 11 2. The offense of providing explicit sexual material 12 to a student is a class A misdemeanor. 13 3. As used in this section, the following terms shall 14 mean: 15 (1) "Explicit sexual material", any material, 16 including any written material or any pictorial, three- 17 dimensional, or visual depiction, including any photography, 18 SB 950 2 film, video, picture, or computer-generated image, showing 19 human masturbation, deviate sexual intercourse as defined in 20 section 566.010, sexual intercourse, direct physical 21 stimulation of genitals, sadomasochistic abuse, or 22 emphasizing the depiction of postpubertal human genitals[; 23 provided, however, that works of art, when taken as a whole, 24 that have serious artistic significance, or works of 25 anthropological significance, or materials used in science 26 courses, including but not limited to materials used in 27 biology, anatomy, physiology, and sexual education classes 28 shall not be deemed to be within the foregoing definition], 29 if, taken as a whole: 30 (a) Applying contemporary community standards, its 31 predominant appeal is to a prurient interest in sex; 32 (b) The average person, applying contemporary 33 community standards, would find the material depicts or 34 describes sexual conduct in a patently offensive way; and 35 (c) A reasonable person would find the material lacks 36 serious literary, artistic, political, or scientific value; 37 (2) "Person affiliated with a public or private 38 elementary or secondary school in an official capacity", an 39 administrator, teacher, librarian, media center personnel, 40 substitute teacher, teacher's assistant, student teacher, 41 law enforcement officer, school board member, school bus 42 driver, guidance counselor, coach, guest lecturer, guest 43 speaker, or other nonschool employee who is invited to 44 present information to students by a teacher, administrator, 45 or other school employee. Such term shall not include a 46 student enrolled in the elementary or secondary school. 47 