Chapter 9.16
OFFENSES AGAINST PUBLIC DECENCY

Sections:

Article I. Body Studios

9.16.010    Prohibited.

9.16.020    Defined.

9.16.030    Violation.

Article II. Prostitution

9.16.040    Unlawful Acts.

9.16.050    Known Prostitute or Panderer Defined.

9.16.060    Prostitution Defined – Sexual Activity Defined.

9.16.070    Violation.

9.16.075    Severability.

Article III. Lewd Conduct and Offenses Against Public Morals

9.16.080    Unlawful Public Exposure Prohibited.

9.16.090    Facilitating Unlawful Public Exposure Prohibited.

9.16.100    Exemptions.

9.16.110    Affirmative Defenses.

Article I. Body Studios

9.16.010 Prohibited.

From and after the effective date of the resolution codified in this article, it shall be unlawful for any person to operate, conduct, maintain, participate in, or advertise a body studio, or to knowingly be employed, participate in, or conduct any business on the premises of a body studio. (Prior Code § 35.03.010)

9.16.020 Defined.

"Body studio" means any premises, other than a massage parlor as defined in Pierce County Code Chapter 5.38 upon which is furnished for a fee or compensation the opportunity to paint, massage, feel, handle, caress or touch the unclothed body or an unclothed portion of the body of another person, or to be so painted, massaged, felt, handled, touched or caressed by another person, or to observe, view, photograph, film or videotape any such activity. (Prior Code § 35.03.020)

9.16.030 Violation.

Any person violating this article shall be guilty of a misdemeanor. (Prior Code § 35.03.030)

Article II. Prostitution

9.16.040 Unlawful Acts.

It is unlawful for anyone:

A.    To commit or offer or agree to commit an act of prostitution; or

B.    To secure or offer to secure another for the purpose of committing an act of prostitution; or

C.    To knowingly transport a person into or within the County with purpose to promote that person’s engaging in prostitution, or procuring or paying for transportation with that purpose; or

D.    To knowingly receive, offer or agree to receive another into any place or building for the purpose of performing an act of prostitution, or to knowingly permit another to remain there for any such purpose; or

E.    To direct another to any place for the purpose of committing an act of prostitution; or

F.    To knowingly in any way aid, abet or participate in an act of prostitution; or

G.    To loiter in or near any thoroughfare or place open to the public in any manner and under circumstances manifesting the purpose of committing, or inducing, enticing, soliciting or procuring another to commit, an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested: that such person is a known prostitute or panderer, repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture; or

H.    To patronize a prostitute. A person is guilty of patronizing a prostitute if:

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

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

3.    He/she solicits or requests another person to engage in sexual conduct with him/her in return for a fee.

I.    To attempt to identify a potential patron of prostitution, procurer of prostitution or prostitute as a law enforcement officer. Conduct constituting an attempt to identify a police officer in violation of this subsection includes:

1.    Exposing or offering to expose one’s genitals, pubic area, buttocks, or female breast.

2.    Requesting, asking, inquiring, encouraging, or intentionally causing another to touch or fondle one’s genitals, pubic area, buttocks, or female breast by direct contact or over clothing.

3.    Touching or requesting to touch another person’s genitals, pubic area, buttocks, or female breast by direct contact or over clothing.

4.    Requesting, asking, or encouraging, or intentionally causing another to expose or show the other’s genitals, pubic area, buttocks, or female breast.

5.    Searching or attempting to search for any article in attempt to identify whether the individual is a law enforcement officer.

6.    Inquiring by any means of communication, including electronic, as to whether a potential patron of prostitution, procurer of prostitution or prostitute is a law enforcement officer.

(Ord. 2013-39 § 1, 2013; Ord. 86-121 § 1, 1986; Ord. 82-55 § 1 (part), 1982; prior Code § 35.05.010)

9.16.050 Known Prostitute or Panderer Defined.

For the purpose of this article, a "known prostitute or panderer" is a person who, within three years previous to the date of arrest for violation of this article, has within the knowledge of the arresting officer been convicted of violating any ordinance or law of any jurisdiction within the state of Washington defining and punishing acts of soliciting, committing, or offering or agreeing to commit prostitution. (Ord. 82-55 § 1 (part), 1982; prior Code § 35.05.020)

9.16.060 Prostitution Defined – Sexual Activity Defined.

For the purpose of this article, "prostitution" means engaging, agreeing to engage, or offering to engage for a fee, exchange, reward or promise in sexual activity, and "sexual activity" means:

A.    Sexual intercourse within its ordinary meaning, occurring 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; and

D.    Also means masturbation, manual or instrumental, of one person by another.

(Ord. 82-55 § 1 (part), 1982; prior Code § 35.05.030)

9.16.070 Violation.

Any person convicted for violation of or failure to comply with any provisions of this article shall be guilty of a misdemeanor. (Ord. 85-52 § 1, 1985: Ord. 82-55 § 1 (part), 1982; prior Code § 35.05.040)

9.16.075 Severability.

If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of the Chapter or the application of the provision to other persons or circumstances shall not be affected. (Ord. 89-155 § 18, 1989)

Article III. Lewd Conduct and Offenses Against Public Morals

9.16.080 Unlawful Public Exposure Prohibited.

A.    It shall be unlawful for any person to intentionally commit any act constituting unlawful public exposure.

B.    "Public exposure" means the act of revealing, exhibiting or otherwise rendering certain parts of the human body open to public view.

C.    "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. 84-172 § 3 (part), 1984; Ord. 83-28 § 1 (part), 1983; prior Code § 35.02.306)

9.16.090 Facilitating Unlawful Public Exposure Prohibited.

A.    It shall be 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.

B.    "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.

(Ord. 84-172 § 3 (part), 1984; Ord. 83-28 § 1 (part), 1983; prior Code § 35.02.307)

9.16.100 Exemptions.

The prohibitions set forth in Sections 9.16.080 and 9.16.090 shall not apply to the

following:

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

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

C.    Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities;

D.    "Expressive dance" which 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.

(Ord. 84-172 § 3 (part), 1984; Ord. 83-28 § 1 (part), 1983; prior Code § 35.02.308)

9.16.110 Affirmative Defenses.

It is an affirmative defense to a prosecution for violation of Sections 9.16.080 and 9.16.090 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. 84-172 § 3 (part), 1984; Ord. 83-28 § 1 (part), 1983; prior Code § 35.02.309)