Chapter 9.04
UNLAWFUL EXPOSURE
Sections:
9.04.020 Facilitating unlawful public exposure prohibited.
9.04.050 Affirmative defenses.
9.04.010 Definitions.
As used in this chapter, the following words and terms shall have the meaning set forth in this section:
A. “Exposed” means the state of being revealed, exhibited or otherwise rendered open to public view.
B. “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.
C. “Public exposure” means the act of revealing, exhibiting or otherwise rendering open to public view.
D. “Public place” means any place in which the general public has a right to be present, 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 or drink is served, or entertainment provided.
E. “Sexual conduct” means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party.
F. “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.
G. “Sexually explicit material” means any pictorial or three-dimensional material depicting sexual intercourse, masturbation, sodomy, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or emphasizing the depiction of adult human genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition. In determining whether material is prohibited for public display by this section such material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this subsection.
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.
(Ord. 466 § 1 (part), 1988)
9.04.020 Facilitating unlawful public exposure prohibited.
It is unlawful 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 unlawful public exposure upon said premises. (Ord. 466 § 1 (part), 1988)
9.04.030 Exceptions.
The prohibitions set forth in Section 9.04.020 shall not apply to any:
A. “Expressive dance” as defined in Section 9.04.010;
B. Play, opera, musical or other dramatic work;
C. Class, seminar or lecture conducted for scientific or educational purposes;
D. Nudity, within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities.
(Ord. 466 § 1 (part), 1988)
9.04.040 Violation—Penalty.
Any person convicted of a violation of this chapter is guilty of a Class A offense as defined in Title 7 of this code. (Ord. 466 § 1 (part), 1988)
9.04.050 Affirmative defenses.
It is an affirmative defense to a prosecution for violation of Section 9.04.020 that the nudity or other public exposure, when considered in the context in which presented, provided actual literary, artistic, political or scientific value and was not provided for commercial or sexual exploitation or with an emphasis on an appeal to a prurient interest. (Ord. 466 § 1 (part), 1988)