Chapter 9.23 PUBLIC INDECENCY – PROSTITUTION

Chapter 9.23
PUBLIC INDECENCY – PROSTITUTION – SEX CRIMES

Sections:

9.23.010 Statutes incorporated by reference.

9.23.030 Prostitution and patronizing a prostitute by computer or other electronic means.

9.23.040 Special allegation – Sexual motivation – Procedures.

9.23.010 Statutes incorporated by reference.

The following statutes relating to public indecency, prostitution, sexual exploitation of children, registration of sex offenders and kidnapping offenders, and other sex crimes are incorporated by reference, insofar as they apply to gross misdemeanors and misdemeanors:

RCW 9.68A.011 Definitions.

RCW 9.68A.080 Reporting of depictions of minor engaged in sexually explicit conduct – Civil immunity.

RCW 9.68A.090 Communication with a minor for immoral purposes – Penalties.

RCW 9.68A.110 Certain defenses barred, permitted.

RCW 9.68A.120 Seizure and forfeiture of property.

RCW 9.68A.150 Allowing minor on premises of live erotic performance – Definitions – Penalty.

RCW 9A.44.010 Definitions.

RCW 9A.44.096 Sexual misconduct with a minor in the second degree.

RCW 9A.44.120 Admissibility of child’s statement – Conditions.

RCW 9A.44.128 Definitions applicable to RCW 9A.44.130 through 9A.44.145, 10.01.200, 43.43.540, 70.48.470, and 72.09.330.

RCW 9A.44.130 Registration of sex offenders and kidnapping offenders – Procedures – Definition – Penalties.

RCW 9A.44.132 Failure to register as sex offender or kidnapping offender.

RCW 9A.44.135 Address verification.

RCW 9A.44.138 Attendance, employment of registered sex offenders and kidnapping offenders at institutions of higher education – Notice to school districts, principal, department of public safety at institution – Confidentiality.

RCW 9A.44.140 Registration of sex offenders and kidnapping offenders – Duty to register.

RCW 9A.44.141 Investigation – End of duty to register – Removal from registry – Civil liability.

RCW 9A.44.142 Relief from duty to register – Petition – Exceptions.

RCW 9A.44.143 Relief from duty to register for sex offense or kidnapping offense committed when offender was a juvenile and who has not been determined to be a sexually violent predator – Petition – Exception.

RCW 9A.44.145 Notification to offenders of changed requirements and ability to petition for relief from registration.

RCW 9A.44.148 Application of RCW 9A.44.128 through 9A.44.145 – Duty to register under law as it existed prior to July 28, 1991.

RCW 9A.88.010 Indecent exposure.

RCW 9A.88.030 Prostitution.

RCW 9A.88.050 Prostitution – Sex of parties immaterial – No defense.

RCW 9A.88.090 Permitting prostitution.

RCW 9A.88.110 Patronizing a prostitute.

RCW 10.01.200 Registration of sex offenders and kidnapping offenders – Notice to defendants.

(Ord. 1974 § 1, 2019; Ord. 1808 § 12, 2012; Ord. 1803 § 6, 2012; Ord. 1266 § 10, 1997).

9.23.020 Prostitution loitering.

A. As used in this section:

1. “Commit prostitution” means to engage in sexual conduct for money, any negotiable instrument, any service having value, or any other consideration.

2. “Known prostitute or procurer” 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 any court of an offense involving prostitution.

3. “Public place” is an area generally visible to public view and includes without limitation streets, public rights-of-way, publicly owned properties, sidewalks, bridges, alleys, plazas, parks, parking lots, driveways, automobiles (whether moving or not), and buildings open to the general public, and the doorways and entrances to buildings or dwellings and the ground and areas enclosing them.

4. “Sexual conduct” means:

a. Sexual intercourse within its ordinary meaning and pursuant to the definition provided in RCW 9A.44.010, previously adopted by reference.

b. Masturbation, manual or instrumental, of one person by another.

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

C. The following nonexclusive circumstances may be considered in determining whether the actor intends to commit or has committed the crime of prostitution loitering. The actor:

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, waving of arms or any other bodily gesture; or

3. Circles or repeatedly returns to an area in a motor vehicle and repeatedly beckons to, contacts or attempts to stop and contact pedestrians; or

4. Is a known prostitute or procurer; or

5. Inquires whether a potential patron or other person is a police officer, searches for articles that would identify a person as a police officer, or requests the touching or the exposure of genitals or female breasts to prove that a person is not a police officer; or

6. Knowingly transports a known prostitute or procurer to a hotel or motel, and then waits outside the hotel or motel for the known prostitute or procurer to return.

D. Any single violation of this section shall be a misdemeanor, and upon conviction shall be punishable by a fine of not more than $1,000, or by imprisonment for not more than 90 days, or by both such fine and imprisonment. In addition, the court may issue such orders as are required to restrain the convicted person from being present in specific areas of the city of Fife. Upon sentencing to jail, the court may require such testing and counseling as provided in RCW 70.24.360. In the event of suspension or deferral of any sentence, the court may require AIDS testing and counseling as a condition of suspension or deferral, pursuant to RCW 70.24.350, at the defendant’s expense. (Ord. 1655-07 § 1, 2008; Ord. 1512-03 § 1, 2003).

9.23.030 Prostitution and patronizing a prostitute by computer or other electronic means.

A. In addition to any other crimes as set forth in this chapter, it is unlawful for any person to solicit, advertise, or otherwise agree to engage in an act of prostitution pursuant to FMC 9.23.010, adopting RCW 9A.88.030 and 9A.88.110, by any means including but not limited to violations facilitated by: the use of a computer, including the use of the Internet, the World Wide Web, electronic mail, message board, news group, or any other commercial or noncommercial online service; the use of a telephone or voicemail system; or the use of a pager.

B. Any single violation of this section shall be a misdemeanor. In addition, the court may issue such orders as are required to restrain the convicted person from being present in specific areas of the city of Fife. Upon sentencing to jail, the court may require such testing and counseling as provided in RCW 70.24.360. In the event of suspension or deferral of any sentence, the court may require AIDS testing and counseling as a condition of suspension or deferral, pursuant to RCW 70.24.350, at the defendant’s expense. (Ord. 1777 § 1 (Exh. A), 2012; Ord. 1655-07 § 2, 2008).

9.23.040 Special allegation – Sexual motivation – Procedures.

RCW 9.94A.835 is incorporated by reference. (Ord. 2006 § 3, 2019).