Chapter 6.55
OFFENSES AGAINST PUBLIC DECENCY AND MORALITY
Sections:
6.55.040 Urinating or defecating in a public place.
6.55.050 Sexual misconduct with a minor.
6.55.070 Processors of depictions of minor engaged in sexually explicit conduct—Report required.
6.55.110 Loitering for purposes of prostitution.
6.55.200 Body studios and model studios prohibited.
6.55.201 Body studios declared public nuisance.
6.55.010 Definitions.
As used in this chapter:
“Abuse of a supervisory position” means a direct or indirect threat or promise to use authority to the detriment or benefit of a minor.
“Breast” means the human mammary gland.
“Buttocks” means the areas at the rear of the body which lies between two imaginary lines running parallel to the ground when a person is standing, the first or top such line drawn at the top of the cleavage of the nates and the second or bottom line drawn at the lowest visible point of this cleavage or the lowest point of the curvature of the fleshy protuberance, whichever is lower, and between two imaginary lines on each side of the body, which lines are perpendicular to the ground and to the horizontal lines described above, and which perpendicular line are drawn through the point at which each nate meets the outside of each leg.
“Married” means anyone who is legally married to another, but does not include a person who is living separate and apart from his or her spouse and who has filed in an appropriate court for legal separation or for dissolution of his or her marriage.
“Minor” means any person less than eighteen years of age.
“Public place” means any location open to the common and general use, participation, or enjoyment of the public where the public is present or likely to be present, or any location where a person may reasonably be expected to be observed by the public; this definition includes, but is not limited to, places open to the public for business or commercial purposes.
“Public place provided or set apart for nudity” means a public place such as a public restroom, an enclosed functional shower or locker room facility, an enclosed sauna, a motel or hotel room designed and intended for sleeping accommodations, or the location of a bona fide private club whose membership as a whole engages in social nudism or naturalism (a nudist camp), an adult entertainment establishment as defined under YMC 15.09.200, and any similar public places in which nudity is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein.
“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 or a third party.
“Significant relationship” means a situation in which the perpetrator is:
1. A person who undertakes the responsibility, professionally or voluntarily, to provide education, health, welfare, or organized recreational activities principally for minors; or
2. A person who in the course of his or her employment supervises minors. (Ord. 2009-22 § 1, 2009: Ord. 96-75 § 14 (part), 1996).
6.55.015 Statutes adopted.
The following Revised Code of Washington (RCW) sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:
RCW
9.68A.090 Communication with minor for immoral purposes.
9.94A.835 Special allegation—Sexual motivation—Procedures.
9A.44.132 Failure to register as a sex offender or kidnapping offender.
9A.88.010 Indecent exposure.
9A.88.030 Prostitution.
9A.88.050 Prostitution—Sex of parties immaterial—No defense.
9A.88.090 Permitting prostitution.
9A.88.110 Patronizing a prostitute.
(Ord. 2018-026 § 1, 2018: Ord. 2013-003 § 3, 2013).
6.55.020 Offensive exposure.
A. It is unlawful for any person to willfully make an offensive exposure in a public place other than a public place provided or set apart for nudity, or to knowingly permit another person ten years of age or older to make an offensive exposure in a public place other than a public place provided or set apart for nudity.
B. An offensive exposure is an exposure of:
1. A person’s genitals or parts thereof; or
2. A person’s pubic hair, or pubic area; or
3. One-third of the buttocks centered over the cleavage of the buttocks for the length of the cleavage. This area is more particularly described as that portion of the buttocks which lies between the top and bottom of the buttocks, and between two imaginary straight lines, one on each side of the anus and each line being located one-third of the distance from the anus to the outside perpendicular line defining the buttocks, and each line being perpendicular to the ground and to the horizontal lines defining the buttocks; or
4. The areola, the nipple and/or the area of the breast below the bottom of the areola of the female breasts.
5. Applicable Provisions.
a. The body areas listed in this section are exposed to view unless covered with anything other than an opaque covering.
b. Attire which is insufficient to comply with these requirements includes but is not limited to those items commonly known as G-strings, T-backs, dental floss, and thongs.
c. Body paint, body dye or tattoos, although opaque, do not constitute adequate coverage of the body areas described above.
C. This prohibition shall not be construed to limit or restrict lawful expressive nude activity, including but not limited to:
1. The act of breastfeeding or expressing breast milk; or
2. Classes, seminars, and lectures held for serious scientific or educational purposes; or
3. Lawful, First Amendment protected protests; or
4. Artistic or dramatic performances in a theater.
Any exposure accomplished primarily for the purpose of sexual gratification or stimulation of one’s self or another is not lawful expressive nude activity.
D. Offensive exposure is a misdemeanor; however, if the person exposes himself or herself to a person under the age of fourteen years, then the offensive exposure is a gross misdemeanor. (Ord. 2013-003 § 4, 2013: Ord. 2009-22 § 2, 2009: Ord. 2004-38 § 1, 2004: Ord. 98-3 § 37, 1998: Ord. 96-75 § 14 (part), 1996).
6.55.030 Lewd conduct.
A. It is unlawful for any person to willfully perform a lewd act, as hereinafter defined, in a public place or at a place and under circumstances where such act may be observed by any member of the public when such act, or the simulation thereof, is done for the purpose of obtaining or giving of sexual gratification or stimulation.
B. As used in this section, “lewd act” means:
(1) 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
(2) 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
(3) Masturbation, manual or instrumental; or
(4) Penetration of the vagina or rectum by any object.
C. This section shall not be construed to prohibit lawful:
(1) Plays, operas, musicals, singing performances, comedians’ routines, or any other dramatic or performance works; or
(2) Classes, seminars, and lectures held for serious scientific or educational purposes; or
(3) Exhibitions or dances which constitute expressive nude activity; or
(4) Political expression. (Ord. 96-75 § 14 (part), 1996).
6.55.040 Urinating or defecating in a public place.
A. It is unlawful for any person to urinate or defecate in any public place or place open or available to the public, other than in a facility designed or provided for that purpose.
B. A violation of this section is a misdemeanor. (Ord. 2015-021 § 9, 2015: Ord. 93-59 § 1, 1993: Ord. 3386 § 1, 1990. Formerly 6.04.360).
6.55.050 Sexual misconduct with a minor.
A. A person is guilty of sexual misconduct with a minor when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another person who is at least sixteen years old, but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual contact with the victim.
B. Sexual misconduct with a minor is a gross misdemeanor. (Ord. 96-75 § 14 (part), 1996).
6.55.070 Processors of depictions of minor engaged in sexually explicit conduct—Report required.
A person who, in the course of processing or producing visual or printed matter either privately or commercially, has reasonable cause to believe that the visual or printed matter submitted for processing or producing depicts a minor engaged in sexually explicit conduct shall immediately report such incident, or cause a report to be made, to the proper law enforcement agency. Persons failing to do so are guilty of a gross misdemeanor.
For the purposes of this section, “sexually explicit conduct” means actual or simulated:
(1) Sexual intercourse, including genital/genital, oral/genital, anal/genital, or oral/anal, whether between persons of the same or opposite sex or between humans and animals;
(2) Penetration of the vagina or rectum by any object;
(3) Masturbation;
(4) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer;
(5) Exhibition of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer;
(6) Defecation or urination for the purpose of sexual stimulation of the viewer; and
(7) Touching of a person’s clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer. (Ord. 96-75 § 14 (part), 1996).
6.55.110 Loitering for purposes of prostitution.
A. It is unlawful for anyone to loiter in or near any thoroughfare or place open to the public in a manner and under circumstances manifesting the purpose of 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 are: that such person is a known prostitute or panderer, repeatedly beckons to, stops or attempts to stop, or engages male passerby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or by any other bodily gesture. No arrest shall be made for a violation of this section unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this section if it appears at trial that the explanation given was true and disclosed a lawful purpose.
B. For the purpose of this section, “known prostitute or panderer” includes, but is not limited to, 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 of or forfeited bail for violating any ordinance of the city of Yakima or any law of any other jurisdiction defining or punishing acts of engaging in, or offering or agreeing to engage in, sexual conduct with another person in return for a fee.
C. Loitering for the purpose of prostitution is a misdemeanor. (Ord. 98-3 § 42, 1998: Ord. 94-22 § 21, 1994: Ord. 1980 § 1, 1976).
6.55.115 Violation of conditions of release or conditions of suspension or deferral for an offense under Chapter 6.55.
A. The presence of any person within a designated area in violation of court imposed conditions of release for any offense under Chapter 6.55 or conditions of suspension or deferral of any sentence for any offense under Chapter 6.55 shall constitute a separate crime and any such person may be apprehended and arrested without necessity for any warrant or additional court order.
B. A violation of this section is a misdemeanor. (Ord. 2013-003 § 5, 2013).
6.55.200 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 business defined and regulated by Chapter 18.108 of the Revised Code of Washington, reducing salons or any studio which functions as 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.
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 YMC 6.55.030.
“Model studio” as defined in this section shall not include 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, 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 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 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. 98-3 § 43, 1998: Ord. 2073 § 1, 1977).
6.55.201 Body studios declared public nuisance.
Any use of property within the city of Yakima as a body studio or model studio as defined by YMC 6.55.200, 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. 98-3 § 44, 1998: Ord. 2073 § 2, 1977).
6.55.240 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of the particular section or of this chapter. (Ord. 2009-22 § 3, 2009).