Definitions

PURPOSE: This rule provides definitions for terms used in this chapter. (1) “Commercial entity” includes a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized business entity. (2) “Distribute” means to issue, sell, give, provide, deliver, transfer, transmute, circulate, or disseminate by any means. (3) “Minor” means an individual under eighteen (18) years of age. (4) “Substantial portion” means thirty-three percent (33%) or more of the total amount of data publicly available on a website. (5) “News-gathering organization” includes— (A) An employee of a newspaper, news publication, or news source, printed or on an online or mobile platform, of current news and public interest, who is acting within the course and scope of that employment and can provide documentation of that employment with the newspaper, news publication, or news source; and (B) An employee of a radio broadcast station, television broadcast station, cable television operator, or wire service who is acting within the course and scope of that employment and can provide documentation of that employment. (6) “Publish” means to communicate or make information available to another person or entity on a publicly available internet website. (7) “Pornographic for minors” means 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; (B) The material or performance depicts nudity, sexual conduct, the condition of human genitals when in a state of sexual stimulation or arousal, or sadomasochistic abuse in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors; and (C) The material or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. (8) “Transactional data” means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event. The term includes records from mortgage, education, and employment entities. (9) “Self-contained sexual content segment” refers to any delineated section or category of a website or application, accessible through a link on the website or application, in which a substantial portion of the content contained in that section or category is sexual material harmful to minors. (10) “Application” means a software application or electronic service that a user may run or direct on a mobile device. (11) “Mobile device” means a phone or general purpose tablet that— (A) Provides cellular or wireless connectivity; (B) Is capable of connecting to the internet; (C) Runs a mobile operating system; and (D) Is capable of running applications through the mobile operating system. (12) “Digital identification” means information stored on a digital network that may be accessed by a commercial entity and that serves as proof of the identity of an individual. AUTHORITY: section 407.020, RSMo Supp. 2025, and section 407.145, RSMo 2016.* Original rule filed April 10, 2025, effective Nov. 30, 2025. *Original authority: 407.020, RSMo 1967, amended 1973, 1985, 1986, 1992, 1994, 1995, 2000, 2008, 2014, 2020, and 407.145, RSMo 1986, amended 1993.