Chapter 9.34
PUBLIC INDECENCY—PROSTITUTION—SEX CRIMES

Sections:

9.34.010    Statutes incorporated by reference.

9.34.020    Definitions.

9.34.030    Unlawful to facilitate public exposure.

9.34.050    Unlawful public exposure—Exemptions.

9.34.010 Statutes incorporated by reference.

RCW 9A.88.010 Public indecency.

RCW 9A.88.030 Prostitution.

RCW 9A.88.050 Prostitution — Sex of parties immaterial — No defense.

RCW 9A.88.090 Permitting prostitution.

RCW 9A.88.110 Patronizing a prostitute.

RCW 9A.44.010 Definitions.

RCW 9A.44.020 Testimony — Evidence — Written motion — Admissibility.

RCW 9A.44.030 Defenses to prosecution under this chapter.

RCW 9A.44.096 Sexual misconduct with a minor in the second degree.

RCW 9A.44.130 Registration of sex offenders — Procedures — Sex offense defined — Penalties.

RCW 9A.44.140 Registration of sex offenders — Termination of duty to register.

(Ord. 708 § 22 (part), 1991: Ord. 398 § 17.01, 1982)

9.34.020 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 interests, 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.    “Unlawful or indecent exposure” means:

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

2.    A public exposure of any portion of the female areola;

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

4.    A public exposure consisting of masturbation, or urination or defecation in a place other than a restroom or other toilet facility. (Ord. 1066 § 7, 2002; Ord. 708 § 22 (part), 1991: Ord. 398 § 17.02, 1982)

9.34.030 Unlawful to facilitate public exposure.

No person shall knowingly or intentionally unlawfully expose himself or herself, or cause or permit another person to unlawfully expose himself or herself, in a public place. Any person who violates this section, or who aids or abets such a violation, shall be guilty of a misdemeanor. (Ord. 1066 § 8, 2002; Ord. 708 § 22 (part), 1991)

9.34.050 Unlawful public exposure—Exemptions.

The prohibitions set forth in this chapter shall not apply to any “expressive dance” as defined in Section 9.34.020, play, opera, musical or other dramatic work, class, seminar or lecture, conducted for scientific or educational purpose, nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities. (Ord. 708 § 22 (part), 1991)