Chapter 6.30
PUBLIC INDECENCY – PROSTITUTION – SEX CRIMES
Sections:
6.30.010 Statutes incorporated by reference.
6.30.020 Definitions.
6.30.030 Unlawful public exposure prohibited.
6.30.040 Facilitating unlawful public exposure prohibited.
6.30.050 Exemptions.
6.30.060 Public display of sexually explicit material.
6.30.070 Location of performers providing certain forms of entertainment restricted.
6.30.080 Affirmative defenses.
6.30.010 Statutes incorporated by reference.
The following statutes relating to public indecency, prostitution, sexual exploitation of children, and other sex crimes are incorporated by reference:
RCW
9A.44.010 Definitions for sexual offenses.
9A.44.096 Sexual misconduct with a minor in the second degree.
9A.44.120 Admissibility of child’s statement.
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.
9.68A.011 Definitions.
9.68A.080 Processing depictions of minors engaged in sexually explicit conduct.
9.68A.090 Communication with minor for immoral purposes.
(Ord. 1642, 1988; Ord. 1399, 1984; Ord. 1309, 1983; Ord. 965 § 16.01, 1977).
6.30.020 Definitions.
As used in this chapter, the following words and terms shall have the meaning set forth in this section:
(1) “Expressive dance” 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.
(2) “Exposed” means the state of being revealed, exhibited or otherwise rendered open to public view.
(3) “Public exposure” means the act of revealing, exhibiting or otherwise rendering open to public view.
(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), and buildings open to the general public, including those which serve food or drink or provide entertainment in the doorways and entrances to buildings or dwellings in the grounds enclosing them.
(5) “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.
(6) “Sexual intercourse”:
(a) Has its ordinary meaning and occurs 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.
(7) “Sexually explicit material” means any pictorial or three-dimensional material depicting sexual intercourse, masturbation, sodomy, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or emphasizing the depiction of adult human genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition. In determining whether material is prohibited for public display by this section, such material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this subsection.
(8) “Unlawful public exposure” means:
(a) A public exposure of any portion of the human anus or genitals;
(b) A public exposure of any portion of the female breast lower than the upper edge of the areola; or
(c) A public exposure consisting of touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed.
(9) The word “he” includes masculine, feminine and neuter; therefore references to “he” shall also be meant to refer to “she.” (Ord. 2070 § 7, 1996; Ord. 1281 § 2, 1983).
6.30.030 Unlawful public exposure prohibited.
It is unlawful for any person to intentionally commit any act constituting unlawful public exposure as defined in this chapter. (Ord. 1281 § 2, 1983).
6.30.040 Facilitating unlawful public exposure prohibited.
It is 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. (Ord. 1281 § 2, 1983).
6.30.050 Exemptions.
The prohibitions set forth in MMC 6.30.030 and 6.30.040 shall not apply to any:
(1) “Expressive dance,” as defined in MMC 6.30.020;
(2) Play, opera, musical, or other dramatic work;
(3) Class, seminar, or lecture, conducted for a scientific, medical or educational purpose;
(4) Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities. (Ord. 1281 § 2, 1983).
6.30.060 Public display of sexually explicit material.
(1) A person is guilty of displaying sexually explicit material if he knowingly places such material upon public display, or if he knowingly fails to take prompt action to remove such a display from property in his possession after learning of its existence.
(2) Material is placed upon “public display” if it is placed on or in a billboard, viewing screen, theater marquee, newsstand, display rack, window, showcase, display case or similar place so that sexually explicit material is easily visible from a public thoroughfare or from the property of others. (Ord. 1281 § 2, 1983).
6.30.070 Location of performers providing certain forms of entertainment restricted.
No entertainer shall appear in any public place while unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, if allowed to so perform under the exemptions of MMC 6.30.050, except upon a stage or other surface raised at least 18 inches above the level of the floor upon which the closest patrons are seated or standing, nor closer than six feet from the nearest patron. (Ord. 1281 § 2, 1983).
6.30.080 Affirmative defenses.
It is an affirmative defense to a prosecution for violation of MMC 6.30.030 or 6.30.040 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. 1281 § 2, 1983).