Chapter 9A.10


9A.10.010    Lewd conduct.

9A.10.010 Lewd conduct.

(1) It is unlawful for a person to intentionally perform 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.

(2) As used in this chapter a lewd act is:

(a) The touching, caressing or fondling of the genitals or female breast(s); or

(b) Sexual intercourse; or

(c) Masturbation.

(3) This chapter is not applicable to:

(a) Classes, seminars, and lectures held for serious scientific, cultural or educational purposes; or

(b) Expressive conduct such as exhibits, performances or dances that are not obscene, subject to time, place and manner restrictions; or

(c) Conduct which cannot be prohibited because it is protected by the United States Constitution or the Washington Constitution; or

(d) The exposure of a female breast while nursing an infant or expressing breast milk.

(4) “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), buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them, and businesses contained in structures which can serve customers who remain in their vehicles, by means of a drive-up window.

(5) A violation of this section is a misdemeanor. (Ord. 3188 § 1, 2019).