AN ACT To repeal sections 565.090 and 573.100, RSMo 2000, relating to improper communications, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.
Harassment is a class A misdemeanor.
Obscenity shall be judged with reference to its impact upon ordinary adults. It shall be unlawful for any person, by means of a telephone communication or computer electronic mail for commercial purposes, to make directly or by means of an electronic recording device, any comment, request, suggestion, or proposal which is obscene or indecent. Any person who makes any such comment, request, suggestion, or proposal shall be in violation of the provisions of this section regardless of whether such person placed or initiated the telephone call or computer electronic mail . It shall be unlawful for any person to permit knowingly any telephone or telephone facility connected to a local exchange telephone under such person's control to be used for any purpose prohibited by subsection 2 of this section. A misdemeanor unless such person has pleaded guilty to or has been found guilty of the same offense committed at a different time, in which case the violation is a class D felony.