Chapter 9.30
CRIMES RELATING TO PUBLIC MORALS
Sections:
9.30.040 Unlawful public exposure – Exemptions.
9.30.060 Prostitution – Sex of parties immaterial – No defense.
9.30.070 Patronizing a prostitute.
9.30.080 Facilitating offense.
9.30.090 Sexual offenses involving minors.
9.30.010 Definitions.
As used in this chapter, the following words and terms shall have the meaning set forth in this section:
A. “Exposed” means the state of being revealed, exhibited or otherwise rendered to public view.
B. “Person” means and includes natural persons of either sex, firms, corporations and all associations of natural persons, whether acting by themselves or by an agent, servant or employee.
C. “Public exposure” means the act of revealing, exhibiting or otherwise rendering open to public view.
D. “Public place” means any place in which the general public has a right to be present, and any area open to public view, whether or not conditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, whether or not access is restricted according to age, including those in which food and drink is served, or entertainment provided.
E. “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.
F. “Sexual intercourse”:
1. Has its ordinary meaning and occurs upon any penetration, however slight; and
2. 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
3. Also means any act or 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.
G. “Unlawful public exposure” means:
1. A public exposure of nudity which means the showing of the human male or female genitalia, pubic hair or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum, anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola. The opaque covering shall be made of material or fabric, but shall not include any liquid substance, including mud, water, lotion, whipping cream, or other similar substances that are easily broken down or removed and do not offer the covering intended for an opaque covering;
2. A public exposure consisting of touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed; or
3. A public exposure consisting of masturbation, or of urination or defecation in a place other than a restroom. (Ord. 2000-12 § 1, 2000; Ord. 88-3, 1988)
9.30.020 Indecent exposure.
By reference, the city adopts RCW 9A.88.010, including all future amendments. (Ord. 06-14 § 15, 2006; Ord. 88-3, 1988)
9.30.030 Location of performers providing certain forms of entertainment restricted.
Repealed by Ord. 2000-12. (Ord. 88-3, 1988)
9.30.040 Unlawful public exposure – Exemptions.
The prohibition set forth in EWMC 9.30.020 shall not apply to any:
A. Class, seminar or lecture, conducted for a scientific or educational purpose;
B. Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities;
C. Child under 10 years of age; or
D. Person exposing a breast in the process of breast feeding a child. (Ord. 2000-12 § 3, 2000; Ord. 88-3, 1988)
9.30.050 Prostitution.
By reference, the city adopts the following state statutes, including all future amendments:
RCW
9A.88.030 Prostitution.
9A.88.050 Prostitution – Sex of parties immaterial – No defense.
9A.88.090 Permitting prostitution.
(Ord. 06-14 § 16, 2006; Ord. 88-3, 1988)
9.30.060 Prostitution – Sex of parties immaterial – No defense.
In any prosecution for prostitution, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial and therefore no defense exists based upon the sex of the parties. (Ord. 88-3, 1988)
9.30.070 Patronizing a prostitute.
By reference, the city adopts RCW 9A.88.110, including all future amendments. (Ord. 06-14 § 17, 2006; Ord. 88-3, 1988)
9.30.080 Facilitating offense.
It is a misdemeanor 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 by omission, any offense prohibited by EWMC 9.30.020 upon such premises. (Ord. 2000-12 § 4, 2000; Ord. 88-3, 1988)
9.30.090 Sexual offenses involving minors.
By reference, the city adopts the following state statutes, including all future amendments:
RCW
9.68A.011 Definitions.
9.68A.080 Reporting of depictions of minor engaged in sexually explicit conduct – Civil immunity.
9.68A.110 Certain defenses barred, permitted.
9.68A.120 Seizure and forfeiture of property.
9.68A.130 Recovery of costs of suit by minor.
9.68A.150 Allowing minor on premises of live erotic performance – Definitions – Penalty.
9A.44.010 Definitions.
9A.44.096 Sexual misconduct with a minor in the second degree.
9A.44.170 Custodial sexual misconduct in the second degree.