Chapter 9.06


9.06.010    Definitions.

9.06.020    Lewd act.

9.06.030    Limitations.

9.06.040    Urinating in public.

9.06.050    Prostitution loitering.

9.06.060    Patronizing a prostitute – Exceptions.

9.06.010 Definitions.

For the purpose of this chapter:

A.    “Lewd act” means public:

1.    Exposure of any portion of the human anus or genitals, including display of the male genitals in a discernibly turgid state, even if completely and opaquely covered; or

2.    Exposure of the female breast lower than the upper edge of the areola; or

3.    Touching, caressing or fondling of the male or female genitals or female breast, whether clothed or naked; or

4.    Simulated acts of human sex, including intercourse, or copulation, sodomy, or masturbation of oneself or of one person by another.

B.    “Public” or “public display” means easily visible from a public thoroughfare or from property of others, or in a public place in a manner so obtrusive as to make it difficult for an unwilling person to avoid exposure.

C.    “Sexual conduct” means sexual intercourse or sexual contact.

D.    “Sexual intercourse” means:

1.    Its ordinary meaning, occurring upon any penetration, however slight; or

2.    Any penetration of the vagina or anus, however slight, by an object, when committed by one person on another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; or

3.    Any 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.

E.    “Sexual contact” means:

1.    Any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.

2.    Masturbation, manual or instrumental, of oneself in the presence of another, or of one person by another.

(Ord. O2010-022, Added, 12/21/2010)

9.06.020 Lewd act.

Every person who intentionally performs 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 when such act does or is likely to cause reasonable affront and alarm is guilty of a misdemeanor.

(Ord. O2016-002, Amended, 02/16/2016; Ord. O2010-022, Added, 12/21/2010)

9.06.030 Limitations.

A.    This chapter shall not be construed to prohibit:

1.    Plays, operas, musicals, or other dramatic works which are not obscene, subject to time, place and manner restrictions;

2.    Classes, seminars, and lectures held for serious scientific or educational purposes; or

3.    The exposure of a female breast while nursing an infant or expressing breast milk.

B.    Whether or not the conduct is obscene shall be judged by consideration of the following factors:

Whether the average person, applying the contemporary community standards, would find:

1.    That the activity appeals to a prurient interest in sex; and

2.    The conduct depicts or describes in a patently offensive way conduct as defined in TMC 9.06.010(A); and

3.    The conduct taken as a whole lacks serious literary, artistic, political or scientific value.

(Ord. O2016-002, Amended, 02/16/2016; Ord. O2010-022, Added, 12/21/2010)

9.06.040 Urinating in public.

A person is guilty of urinating in public if he or she intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public. Every person who violates this section shall be guilty of a misdemeanor.

(Ord. O2010-022, Added, 12/21/2010)

9.06.050 Prostitution loitering.

A.    As used in this section:

1.    “Known prostitute” means a person who within one year previous to the date of arrest for violation of this section has, within the knowledge of the arresting officer, been convicted in Tumwater municipal court of an offense involving prostitution.

2.    “Public place” is 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 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.

B.    A person is guilty of prostitution loitering if he or she remains in a public place and intentionally solicits, induces, entices or procures another to commit prostitution.

C.    Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are that he or she:

1.    Repeatedly beckons to, stops, or attempts to stop, or engages passersby in conversation; or

2.    Repeatedly stops or attempts to stop motor vehicle operators by hailing and waving of arms or other bodily gestures; or

3.    Is a known prostitute or panderer; or

4.    Inquires whether a potential patron, procurer or prostitute is a police officer, searches for articles that would identify a police officer, or requests the touching or exposing of genitals or female breasts to prove that the person is not a police officer.

D.    Prostitution loitering is a misdemeanor.

(Ord. O2010-022, Added, 12/21/2010)

9.06.060 Patronizing a prostitute – Exceptions.

The provisions of the preceding section shall not apply to such conduct engaged in by a law enforcement officer or duly authorized agent for the purpose of detection and investigation of prostitution activity.

(Ord. O2010-022, Added, 12/21/2010)