Chapter 9.62
PUBLIC INDECENCY, PROSTITUTION, SEX CRIMES

Sections:

9.62.010    Patronizing a prostitute.

9.62.020    Indecent conduct – Lewd conduct.

9.62.030    Body studios and model studios prohibited.

9.62.040    Body studios declared public nuisance.

9.62.050    Communication with a minor for immoral purposes.

9.62.900    Statutes incorporated by reference.

9.62.010 Patronizing a prostitute.

It is unlawful for any person to patronize a prostitute. For the purposes of this section, a person is guilty of patronizing a prostitute if:

A. Pursuant to a prior understanding, such person pays a fee to another person as compensation for the latter person, or a third person, having engaged in sexual conduct with the former person; or

B. Such person pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor the latter person will engage in sexual conduct with the former person; or

C. Such person solicits or requests another person to engage in sexual conduct with the former person in return for a fee. [Ord. 1519 § 1, 1985; Ord. 1235 § 3, 1979: RCW 9A.88.091.]

9.62.020 Indecent conduct – Lewd conduct.

A. Definitions.

1. Indecent Act Defined. As used in this section, “indecent act” means:

a. The exposure by any person of that person’s genitals or parts thereof, any pubic hair or pubic area or buttocks or the exposure of a female breast or breasts below the top of the areola; or

b. Urinating or defecating in a place other than a washroom or toilet room.

2. Lewd Act Defined. As used in this section, “lewd act” means:

a. The touching, caressing, or fondling of the genitals of any person by that person or by another; the touching, caressing, or fondling of a female breast or breasts by that female or by another person; or the simulation of any such acts;

b. Sexual intercourse involving two or more persons, regardless of their sex, or any act of sexual conduct between persons involving the sex organs of one person and the mouth or anus of another; or the simulation of any such intercourse or act; or

c. Masturbation.

B. Unlawful Conduct.

1. It is unlawful for any person to perform any indecent or lewd act in any public place or at a place and under circumstances where such act could be observed by any member of the public.

2. It is unlawful for any person to perform any indecent act or lewd act at any place of business open to the public or at any place of business where, by the payment of a fee, charge or other consideration, a person is allowed on the premises or any portion thereof for the purpose of participating in or observing the performance of any such indecent or lewd act.

3. It is unlawful for any person, firm or corporation to own, manage or otherwise conduct a place of business where any indecent act or lewd act occurs in violation of subsection (B)(2) of this section.

4. It is unlawful for any person to pay any fee, charge or other consideration for the purpose of participating in or observing the performance of any indecent or lewd act. [Ord. 1580 § 1, 1986.]

9.62.030 Body studios and model studios prohibited.

A. Definitions. As used in this section, the following words and phrases shall have the following respective meanings ascribed to them:

1. “Body studio” means any premises upon which is furnished for a fee or charge or other consideration the opportunity to paint, massage, feel, handle, or touch the unclothed body or an unclothed portion of the body of another person, or to be so painted, massaged, felt, handled or touched by another person, or to observe, view or photograph any such activity, and shall include any such premises which is advertised or represented in any manner whatsoever as a “body painting studio,” “model studio,” “sensitivity awareness studio,” or any other expression or characterization which conveys the same or similar meaning and which leads to the reasonable belief that there will be furnished on any such premises for a fee or charge or other consideration the opportunity to paint, massage, feel, handle, or touch the unclothed body or an unclothed portion of the body of another person, or to be so painted, massaged, felt, handled or touched by another person, or to observe, view or photograph any such activity.

“Body studio” as defined in this section shall not include massage businesses defined and regulated by Chapter 18.108 RCW, reducing salons or any studio which functions as a part of and under the direct supervision of an institution, the curriculum for which institution is approved by the Office of the State Superintendent of Public Instruction of the State of Washington. “Body studios” shall also not include instances where individuals pay a fee to have decorations painted on their faces, hands or arms, in connection with church, civic or community celebrations and events.

2. “Model studio” means any premises where the primary purpose of the business is the furnishing of persons as models for a fee or charge or other consideration for the purpose of being sketched, painted, drawn, sculptured, photographed, or otherwise depicted in such a manner or under circumstances which constitute lewd conduct as defined and prohibited by SMC 9.62.020.

“Model studio” as defined in this section shall not include any studio which functions as a part of and under the direct supervision of any institution, the curriculum for which institution is approved by the Office of the State Superintendent of Public Instruction of the State of Washington, or which functions to provide models who are sketched, painted, drawn, sculptured, photographed or otherwise depicted for the purpose of commercial sale or advertising.

B. Unlawful Conduct.

1. It is unlawful for any person, firm or corporation to operate, conduct or maintain a body studio or model studio as defined in subsection (A) of this section.

2. It is unlawful for any person to be an employee of a body studio or model studio as defined in subsection (A) of this section.

3. It is unlawful for any person, on the premises of a body studio or model studio, to paint, massage, feel, handle or touch the unclothed body or an unclothed portion of the body of another person, or to be so painted, massaged, felt, handled or touched by another person, or to observe, view or photograph any such activity or to engage in any such activity, or to engage in any such activity for the purpose of being observed, viewed or photographed.

C. Separate Offenses.

1. Each day of operating, conducting or maintaining a body studio or model studio in violation of subsection (B)(1) of this section shall constitute a separate offense.

2. Each day on which any person is an employee of a body studio or model studio in violation of subsection (B)(2) of this section shall constitute a separate offense.

3. Each incident of unlawful conduct prohibited by subsection (B)(3) of this section shall constitute a separate offense. [Ord. 1580 § 2, 1986.]

9.62.040 Body studios declared public nuisance.

Any use of property within the City of Sunnyside as a body studio or model studio as defined by SMC 9.62.030 is a public nuisance, subject to prevention or abatement by injunction or other appropriate legal remedy in the Superior Court of the State of Washington in and for Yakima County. [Ord. 1580 § 3, 1986.]

9.62.050 Communication with a minor for immoral purposes.

A. Except as provided in subsection (B) of this section, a person who communicates with a minor for immoral purposes, or a person who communicates with someone the person believes to be a minor for immoral purposes, is guilty of a gross misdemeanor.

B. The person has previously been convicted under this section or of a felony sexual offense under Chapter 9.68A, 9A.44, or 9A.64 RCW; or any other felony sexual offense in this or any other State; or the person communicates with a minor or with someone the person believes to be a minor for immoral purposes through the sending of electronic communication.

C. For the purposes of this section, “electronic communication” has the same meaning as defined in RCW 9.61.260. [Ord. 2016-15 § 1, 2016.]

9.62.900 Statutes incorporated by reference.

The following statutes are incorporated in this chapter by reference:

RCW

9A.88.010    Public Indecency

9A.88.030    Prostitution

9A.88.050    Prostitution – Sex of Parties Immaterial – No Defense

9A.88.090    Permitting Prostitution

[Ord. 1519 § 1, 1985.]