Chapter 6.45
PUBLIC MORALS1
Sections:
6.45.030 Location of performers providing certain forms of entertainment restricted.
6.45.040 Prostitution – Unlawful acts – Penalty.
6.45.060 Prostitution – Sex of parties immaterial.
6.45.070 Patronizing a prostitute.
6.45.080 Sexual exploitation of children and minor access to erotic materials.
6.45.100 Obscenity and pornography.
6.45.110 Stay out of areas of prostitution orders.
6.45.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020.
“Act of prostitution” or “prostitution” means engaging, offering to engage, or agreeing to engage in sexual contact or sexual conduct with any person in return for a fee.
“Actor” means a person who engages in conduct in violation of this chapter.
“Exposed” means the state of being revealed, exhibited or otherwise rendered to public view.
“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, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic, political or scientific value.
“Fee” means money, any negotiable instrument, any good or service having value, or any other consideration.
“Known prostitute or panderer” means a person who, within one year prior to the date of arrest for a violation of this chapter, has been convicted of a criminal violation of any ordinance or law of any jurisdiction within the state prohibiting acts of soliciting, committing, or offering or agreeing to commit prostitution.
“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, and the doorways and entrances to buildings or dwellings and the grounds enclosing them, and businesses contained in structures which can serve customers who remain in their vehicles by means of a drive-up window.
“Sexual conduct” means:
(1) Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight;
(2) 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;
(3) 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; and
(4) Masturbation, manual or instrumental, of one person by another.
“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.
(Ord. No. 10-670, § 1, 10-5-10; Ord. No. 09-601, § 21, 1-6-09; Ord. No. 91-94, § 1, 5-7-91; Ord. No. 91-89, § 1(9.30.010), 3-5-91; Ord. No. 90-53, § 1, 4-17-90. Code 2001 § 6-236.)
6.45.020 Indecent exposure.
(1) A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his person or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. The act of breast-feeding or expressing breast milk is not indecent exposure.
(2) Indecent exposure to a person under the age of 14 years is a gross misdemeanor.
(3) Indecent exposure to a person aged 14 years or older is a misdemeanor.
(4) For purposes of this section, “obscene exposure” includes, but is not limited to:
(a) Exposure of any portion of the human anus or genitals;
(b) Exposure of any portion of the female breast lower than the upper edge of the areola;
(c) Exposure consisting of touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed;
(d) Exposure consisting of masturbation;
(e) Public urination or defecation in a place other than a restroom.
(Ord. No. 09-601, § 22, 1-6-09; Ord. No. 02-429, § 7, 11-19-02; Ord. No. 00-374, § 8, 9-19-00; Ord. No. 91-89, § 1(9.30.020), 3-5-91. Code 2001 § 6-237.)
6.45.025 Lewd conduct.
(1) A person is guilty of lewd conduct if in a public place the person intentionally:
(a) Exposes any of the following body parts of the person without a full and opaque covering:
(i) Any part of the male or female genitals, pubic hair, pubic area, perineum, anus, or bottom one-half of the anal cleft;
(ii) Any part of the areola or nipple of the female breast; or
(iii) More than one-half of the part of the female breast located below the top of the areola. The covered area shall be reasonably compact and contiguous to the areola.
(b) Exposes the male genitals in a discernibly turgid state, even if fully and opaquely covered.
(c) Touches, caresses, or fondles the genitals or female breast, whether clothed or unclothed;
(d) Masturbates; or
(e) Engages in sexual conduct or sexual contact.
(2) A full and opaque covering within the meaning of this section does not include body paint, body dye, tattoos, latex, tape, or any similar substance applied to the skin surface, any substance that can be washed off the skin, or any substance designed to simulate or by which by its nature simulates the appearance of the anatomical area beneath it.
(3) This section shall not be construed to prohibit:
(a) The act of breastfeeding or expressing breast milk;
(b) Classes, seminars, and lectures held for serious scientific or educational purposes;
(c) Plays, operas, musicals, or other dramatic works which are not obscene;
(d) Adult entertainment activities operating pursuant to Chapter 12.10 FWRC;
(e) Bathhouse activities operating pursuant to Chapter 12.40 FWRC.
(f) Conduct of a child under 10 years of age; or
(g) Places in which nudity is necessarily and customarily expected outside of the home such as a restroom or locker room.
(4) The owner, lessee, manager, operator, or other person in charge of a public place is guilty of facilitating lewd conduct if the person knowingly permits, encourages, or causes to be committed lewd conduct.
(5) Lewd conduct and facilitating lewd conduct is a misdemeanor.
(Ord. No. 10-670, § 2, 10-5-10.)
6.45.030 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, 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 eight feet from the nearest patron. Any violation of this section is a misdemeanor.
(Ord. No. 00-374, § 9, 9-19-00; Ord. No. 91-89, § 1(9.30.030), 3-5-91. Code 2001 § 6-238.)
6.45.040 Prostitution – Unlawful acts – Penalty.
(1) It is unlawful for anyone to:
(a) Intentionally engage in or offer or agree to engage in an act of prostitution;
(b) Intentionally secure or offer to secure another person for the purpose of engaging in an act of prostitution;
(c) Intentionally transport a person into or within the city with the purpose of promoting that person’s engaging in an act of prostitution, or procuring or paying for transportation with that purpose;
(d) Intentionally receive, offer or agree to receive a person into any place or building for the purpose of performing an act of prostitution, or to knowingly permit a person to remain there for any such purpose;
(e) Intentionally direct a person to any place for the purpose of engaging in an act of prostitution;
(f) Intentionally in any way aid, abet or participate in an act of prostitution;
(g) Remain in or near any street, sidewalk, alleyway or other place open to the public with the intent of engaging in, inducing, enticing, soliciting or procuring a person to commit an act of prostitution. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are:
(i) The actor repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture;
(ii) The actor circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians;
(iii) The actor 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;
(h) Intentionally enter or remain in any area of prostitution in violation of a condition of sentence;
(i) Intentionally permit prostitution if, having possession or control of premises which he knows are being used for prostitution purposes, he fails without lawful excuse to make reasonable effort to halt or abate such use.
(2) A violation of any part of this section is a misdemeanor.
(Ord. No. 09-601, § 23, 1-6-09; Ord. No. 01-395, § 2, 6-19-01; Ord. No. 00-374, § 10, 9-19-00; Ord. No. 91-94, § 2, 5-7-91; Ord. No. 91-89, § 1(9.30.040(A), (C)), 3-5-91; Ord. No. 90-53, § 2, 4-17-90. Code 2001 § 6-239.)
6.45.060 Prostitution – Sex of parties immaterial.
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. No. 91-89, § 1(9.30.050), 3-5-91. Code 2001 § 6-241.)
6.45.070 Patronizing a prostitute.
A person is guilty of the misdemeanor of patronizing a prostitute if:
(1) Pursuant to a prior understanding he or she intentionally pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct or sexual contact with him or her;
(2) He or she intentionally pays or agrees to pay a fee to another person pursuant to an understanding that in exchange such person or a third person will engage in sexual conduct or sexual contact with him or her; or
(3) He or she intentionally solicits or requests another person to engage in sexual conduct or sexual contact with him or her or a third person in return for a fee.
(Ord. No. 09-601, § 25, 1-6-09; Ord. No. 91-94, § 3, 5-7-91; Ord. No. 91-89, § 1(9.30.060), 3-5-91. Code 2001 § 6-242.)
6.45.080 Sexual exploitation of children and minor access to erotic materials.
The following state statutes are hereby adopted by reference:
RCW
9.68A.011 Definitions.
9.68A.080 Processors of depictions of minor engaged in sexually explicit conduct – Report required.
9.68A.090 Communication with minor for immoral purposes – Penalties.
9.68A.150 Allowing minor on premises of live erotic performance.
9.68A.160 Penalty.
(Res. No. 09-539, § 1, 1-6-09; Ord. No. 04-463, § 5, 8-3-04; Ord. No. 00-374, § 11, 9-19-00; Ord. No. 91-89, § 1(9.30.070), 3-5-91. Code 2001 § 6-243.)
6.45.090 Urinating in public.
(1) 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.
(2) Urinating in public is a misdemeanor.
(Ord. No. 91-89, § 1(9.30.080), 3-5-91. Code 2001 § 6-244.)
Cross reference: Streets and sidewalks, FWRC Title 4, Division II.
6.45.100 Obscenity and pornography.
The following state statutes are hereby adopted by reference:
RCW
9.68.015 Obscene literature, shows, etc. – Exemptions.
9.68.030 Indecent articles, etc.
9.68.050 “Erotic material” – Definitions.
9.68.060(1), (2), (3)(a) – (3)(c), (3)(d)(i) and (ii) “Erotic material” – Determination by court – Labeling – Penalties.
9.68.070 Prosecution for violation of RCW 9.68.060 – Defense.
9.68.080 Unlawful acts.
9.68.090 Civil liability of wholesaler or wholesaler-distributor.
9.68.100 Exceptions to RCW 9.68.050 through 9.68.120.
9.68.110 Motion picture operator or projectionist exempt, when.
9.68.120 Provisions of RCW 9.68.050 through 9.68.120 exclusive.
9.68.130 “Sexually explicit material” – Defined – Unlawful display.
(Res. No. 09-539, § 1, 1-6-09; Ord. No. 00-374, § 12, 9-19-00. Code 2001 § 6-245.)
6.45.110 Stay out of areas of prostitution orders.
(1) Stay out of areas of prostitution orders, hereinafter known as “SOAP” orders, may be issued by the Federal Way municipal court to anyone charged with or convicted of prostitution or permitting prostitution under FWRC 6.45.040, patronizing a prostitute under FWRC 6.45.070, or a criminal violation of any ordinance or law of any jurisdiction within the state prohibiting acts of soliciting, committing, or offering or agreeing to commit prostitution, as a condition of pre-trial release, as a condition of a diversion agreement, or as a condition of sentence or other post-conviction disposition.
(2) A SOAP order shall warn the person named in the order to stay out of the following high risk prostitution area, in substantially similar form:
The entire area which extends 1,000 feet east of the eastern edge of the right-of-way of State Route 99, and 1,000 feet west of the western edge of the right-of-way of State Route 99, and including the entire right-of-way of State Route 99, also known as Pacific Highway, throughout the city limits of Federal Way as shown on the map attached to the ordinance codified in this section as an exhibit and on file with the city clerk’s office. (This shall extend from the northmost city line to the southmost city line.)
(3) The written SOAP order shall contain the court’s directive and shall bear the legend, in substantially similar form:
Violation of this order is a criminal offense under FWRC 6.45.010 and will subject the violator to arrest.
(4) A SOAP order may allow the person named to cross the high risk prostitution area while traveling directly across from east to west or west to east without stopping, and only to the extent necessary to facilitate travel from one area outside the high risk prostitution area to another.
(5) A person is deemed to have notice of the SOAP order when:
(a) The signature of the person named in the order or his/her attorney is affixed to the bottom of the order, signifying that he/she has read the order and has knowledge of the contents of the order; or
(b) The order recites that the person named in the order or the person’s attorney appeared in person before the court.
(6) A knowing violation of the provisions of a SOAP order is a misdemeanor.
(Ord. No. 09-601, § 26, 1-6-09; Ord. No. 00-374, § 12, 9-19-00. Code 2001 § 6-246.)
Cross reference: Regulation of adult entertainment, Chapter 12.10 FWRC.