Chapter 9.18
OFFENSES AGAINST PUBLIC MORALS

Sections:

9.18.010    Definitions.

9.18.020    Lewd act – Unlawful.

9.18.030    Prostitution loitering.

9.18.040    Patronizing a prostitute.

9.18.050    Not a defense.

9.18.060    Enforcement.

9.18.070    Window peeping.

9.18.010 Definitions.

As used in this chapter the following words shall be defined as follows:

A. “Commit prostitution” means to engage in sexual conduct for a fee, but does not include sexual conduct engaged in as part of any stage performance, play or other entertainment open to the public.

B. “Known prostitute or panderer” means a person who, within one year previous to the date of arrest for violation of MICC 9.18.030 (RCW 9A.88.030), has within the knowledge of the arresting officer been convicted of an offense involving prostitution.

C. “Lewd act” means public:

1. Exposure of one’s genitals or female breasts;

2. Touching, caressing or fondling of the genitals or female breasts; or

3. Urination or defecation in a place other than a washroom or toilet room; or

4. Masturbation; or

5. Sexual intercourse;

provided, however, that artistic or dramatic performances in a theater or museum shall not be deemed to be within the foregoing definition. Among circumstances which are to be considered in determining whether a performance is artistic or dramatic and thereby excluded from the definition of lewd act are whether the work, taken as a whole:

1. Appeals to the prurient interest; or

2. Depicts or describes, in a patently offensive way, sexual conduct constituting a lewd act; or

3. Lacks serious literary, artistic, political or scientific value;

provided further, that a “theater” does not include any premises wherein alcoholic beverages are served.

D. “Public” or “public display” means easily visible from a public place in a manner so obtrusive as to make it difficult for an unwilling person to avoid exposure.

E. “Sexual conduct” includes but is not limited to sexual intercourse, sodomy, fornication, cunnilingus, fellatio, masturbation, exposure or touching of one’s genitals or female breasts. (Ord. A-91 § 1, 1991).

9.18.020 Lewd act – Unlawful.

A. A person is guilty of a lewd act if he intentionally performs any lewd act in a public place or at a place and under circumstances where such act could be observed by any member of the public.

B. Lewd act is a gross misdemeanor.

C. The owner, manager or operator of premises open to the public wherein alcoholic beverages are sold, served or consumed is guilty of a gross misdemeanor if he intentionally permits or causes any lewd act on his premises. (Ord. A-91 § 1, 1991).

9.18.030 Prostitution loitering.

A. Every person who remains in a public place and intentionally solicits, induces, entices or procures another to commit prostitution is guilty of a misdemeanor.

B. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are that such person:

1. Repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation; or

2. Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture; or

3. Is a known prostitute or panderer. (Ord. A-91 § 1, 1991).

9.18.040 Patronizing a prostitute.

Every person who:

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

B. 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 her; or

C. Solicits or requests a known prostitute to engage in sexual conduct with him or her in return for a fee; is guilty of a misdemeanor. (Ord. A-91 § 1, 1991).

9.18.050 Not a defense.

In any prosecution for patronizing a prostitute, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that:

A. Such persons were of the same sex; or

B. The person who received, agreed to receive or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was female. (Ord. A-91 § 1, 1991).

9.18.060 Enforcement.

If the police department has knowledge of any person who has participated in an act of prostitution or aided and abetted in an act of prostitution in violation of the provisions hereof, or communicated with a known prostitute for the purpose of participating in an act of prostitution, then the police department shall file a complaint against such person. (Ord. A-91 § 1, 1991).

9.18.070 Window peeping.

Every person not licensed or privileged to do so, who enters or intrudes in or upon any real property of another and invades the privacy of, or disturbs the occupants or residents of such property by looking into or peeping into any dwelling or private premises, is guilty of a misdemeanor. (Ord. A-91 § 1, 1991).