Chapter 6.30
PUBLIC INDECENCY – PROSTITUTION – SEX CRIMES
Sections:
6.30.010 Statutes incorporated by reference.
6.30.025 Unlawful public exposure.
6.30.040 Facilitating unlawful public exposure prohibited.
6.30.060 Public display of sexually explicit material.
6.30.080 Affirmative defenses.
6.30.010 Statutes incorporated by reference.
The following statutes relating to public indecency, prostitution, sexual exploitation of children, and other sex crimes are incorporated by reference:
RCW
9A.44.010 Definitions for sexual offenses.
9A.44.096 Sexual misconduct with a minor in the second degree.
9A.44.120 Admissibility of child’s statement.
9A.88.010 Indecent exposure.
9A.88.030 Prostitution.
9A.88.050 Prostitution – Sex of parties immaterial – No defense.
9A.88.090 Permitting prostitution.
9A.88.110 Patronizing a prostitute.
9.68A.011 Definitions.
9.68A.080 Processing depictions of minors engaged in sexually explicit conduct.
9.68A.090 Communication with minor for immoral purposes.
(Ord. 3061 § 1 (Exh. A), 2017; Ord. 2888 § 1, 2012; Ord. 1642, 1988; Ord. 1399, 1984; Ord. 1309, 1983; Ord. 965 § 16.01, 1977).
6.30.020 Definitions.
As used in this chapter, the following words and terms shall have the meaning set forth in this section:
“Exposed” means the state of being revealed, exhibited or otherwise rendered open to public view.
“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.
“Public exposure” means the act of revealing, exhibiting or otherwise rendering open to public view.
“Public place” means an area generally visible to public view, and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the public, and doorways, windows, drive-up windows, and entrances to buildings or dwellings that are visible to public view.
“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.
“Sexual intercourse”:
(a) Has its ordinary meaning and occurs upon any penetration, however slight; and
(b) 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
(c) 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.
“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 this definition. (Ord. 3061 § 1 (Exh. A), 2017; Ord. 2888 § 1, 2012; Ord. 2070 § 7, 1996; Ord. 1281 § 2, 1983).
6.30.025 Unlawful public exposure.
(1) A person is guilty of a misdemeanor if he or she intentionally performs any of the following acts in a public place:
(a) Exposure of one’s genitals, buttocks, or any portion of the female breast below the top of the areola; or
(b) Touching, caressing or fondling of the genitals or female breast whether clothed or not; or
(c) Urination or defecation in a place other than a washroom or toilet room; or
(d) Masturbation; or
(e) Sexual intercourse; or
(f) Simulation of any of the acts described in this section, including but not limited to the use of devices which appear to be male or female genitalia or female breasts. (Ord. 3061 § 1 (Exh. A), 2017; Ord. 2888 § 1, 2012).
6.30.040 Facilitating unlawful public exposure prohibited.
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 unlawful public exposure upon said premises. (Ord. 3061 § 1 (Exh. A), 2017; Ord. 2888 § 1, 2012; Ord. 1281 § 2, 1983).
6.30.050 Exemptions.
(1) This chapter shall not be construed to prohibit the following when conducted within a building or area that is not within view of streets, sidewalks, bridges, alleys, plazas, parks, or parking lots:
(a) Plays, operas, musicals or other dramatic works which are not obscene;
(b) Classes, seminars and lectures held for scientific or education purposes;
(c) Exhibitions or dances which are not obscene;
(d) Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities.
(e) The exemptions in subsections (1)(a), (b), and (c) of this section are available only if the performer is 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.
(2) This chapter does not prohibit breastfeeding an infant regardless of the location. (Ord. 3061 § 1 (Exh. A), 2017; Ord. 2888 § 1, 2012; Ord. 1281 § 2, 1983).
6.30.060 Public display of sexually explicit material.
(1) A person is guilty of displaying sexually explicit material if he knowingly places such material upon public display, or if he knowingly fails to take prompt action to remove such a display from property in his possession after learning of its existence.
(2) Material is placed upon “public display” if it is placed on or in a billboard, viewing screen, theater marquee, newsstand, display rack, window, showcase, display case or similar place so that sexually explicit material is easily visible from a public thoroughfare or from the property of others. (Ord. 3061 § 1 (Exh. A), 2017; Ord. 2888 § 1, 2012; Ord. 1281 § 2, 1983).
6.30.080 Affirmative defenses.
It is an affirmative defense to a prosecution for violation of MMC 6.30.025 through 6.30.040 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. 3061 § 1 (Exh. A), 2017; Ord. 2888 § 1, 2012; Ord. 1281 § 2, 1983).