Chapter 9.30
PUBLIC MORALS – CRIMES RELATING TO

Sections:

9.30.010    Definitions.

9.30.020    Unlawful public exposure.

9.30.030    Location of performers providing certain forms of entertainment restricted.

9.30.040    Unlawful public exposure – Exemptions.

9.30.050    Prostitution.

9.30.060    Prostitution – Sex of parties immaterial – No defense.

9.30.070    Patronizing a prostitute.

9.30.080    Facilitating offense.

9.30.090    Sexual exploitation of children.

9.30.100    Urinating in public.

9.30.010 Definitions.

As used in this chapter, the following words and terms shall have the meaning set forth in this section:

A. “Expressive dance” means any dance which, when considered in the context of the entire performance, constitutes an expression of theme, story, or ideas, but excluding any dance such as, but not limited to, common barroom type topless dancing which, when considered in the context of the entire performance, is presented primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic, political or scientific value.

B. “Exposed” means the state of being revealed, exhibited or otherwise rendered to public view.

C. “Person” means and includes natural persons of either sex, firms, corporations and all associations of natural persons, whether acting by themselves or by an agent, servant or employee.

D. “Public exposure” means the act of revealing, exhibiting or otherwise rendering open to public view.

E. “Public place” means any place in which the general public has a right to be present, and any area open to public view, whether or not conditioned upon payment of a fee, and includes but is not limited to, buildings open to the general public, whether or not access is restricted according to age, including those in which food and drink is served, or entertainment provided.

F. “Sexual contact” means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party.

G. “Sexual intercourse”:

1. Has its ordinary meaning and occurs upon any penetration, however slight; and

2. Also means any penetration of the vagina or anus, however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; and

3. Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.

H. “Unlawful public exposure” means:

1. A public exposure of any portion of the human anus or genitals;

2. A public exposure of any portion of the female breast lower than the upper edge of the areola; or

3. A public exposure consisting of touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed; or

4. A public exposure consisting of masturbation, or of urination or defecation in a place other than a restroom. (Ord. 629 § 1, 1990)

9.30.020 Unlawful public exposure.

It is unlawful for any person to intentionally commit any act constituting unlawful public exposure of his person or the person of another. Unlawful public exposure is a misdemeanor, unless such person exposes himself/herself to a person under the age of 14 years, in which case the offense is a gross misdemeanor. (Ord. 629 § 1, 1990)

9.30.030 Location of performers providing certain forms of entertainment restricted.

No entertainer shall appear in any public place while unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, except upon a stage or other surface raised at least 18 inches above the level of the floor upon which the closest patrons are seated or standing, nor closer than six feet from the nearest patron. Any violation of this section is a misdemeanor. (Ord. 629 § 1, 1990)

9.30.040 Unlawful public exposure – Exemptions.

The prohibition set forth in CHMC 9.30.020 shall not apply to any:

A. “Expressive dance” as defined in CHMC 9.30.010;

B. Play, opera, musical or other dramatic work;

C. Class, seminar or lecture, conducted for a scientific or educational purpose; or

D. Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities. (Ord. 629 § 1, 1990)

9.30.050 Prostitution.

A. A person is guilty of prostitution if such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.

B. For purposes of this section, “sexual conduct” means “sexual intercourse” or “sexual contact” as defined in CHMC 9.30.010.

C. Prostitution is a misdemeanor. (Ord. 629 § 1, 1990)

9.30.060 Prostitution – Sex of parties immaterial – No defense.

In any prosecution for prostitution, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated, or solicited is immaterial and therefore no defense exists based upon the sex of the parties. (Ord. 629 § 1, 1990)

9.30.070 Patronizing a prostitute.

A person is guilty of the misdemeanor of patronizing a prostitute if:

A. Pursuant to a prior understanding he or she pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him; or

B. He or she pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person will engage in sexual conduct with him; or

C. He or she solicits or requests another person to engage in sexual conduct with him in return for a fee. (Ord. 629 § 1, 1990)

9.30.080 Facilitating offense.

It is a misdemeanor for the owner, lessee, manager, operator or other person in charge of any public place to knowingly permit, encourage or cause to be committed, whether by commission or omission, any offense prohibited by CHMC 9.30.020 and 9.30.030 upon such premises. (Ord. 629 § 1, 1990)

9.30.090 Sexual exploitation of children.

The following state statutes, including all future amendments, are adopted by reference:

RCW

9.68A.011    Definitions

9.68A.070    Possession of depiction of minor engaged in sexually explicit conduct

9.68A.080    Processors of depictions of minor engaged in sexually explicit conduct

9.68A.110

(1)(2)(5)        Certain defenses barred, permitted

9.68A.120    Seizure and forfeiture of property

9.68A.130    Recovery of costs of suit by minor

9.68A.140    Definitions

9.68A.150    Allowing minor on premises of live erotic performance

9.68A.160    Penalty

(Ord. 629 § 1, 1990)

9.30.100 Urinating in public.

A. A person is guilty of urinating in public if he or she intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public.

B. Urinating in public is a misdemeanor. (Ord. 629 § 1, 1990)