Chapter 9.20
INDECENT LIBERTIES
Sections:
9.20.020 Indecent liberties – Generally.
9.20.030 Communication with a minor for immoral purposes.
9.20.010 Definitions.
The following words, whenever used in this chapter, shall have the following meanings:
(a) “Forcible compulsion” means physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she or he or another person will be kidnapped.
(b) “Mental incapacity” is that condition existing at the time of the offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse whether that condition is produced by illness, defect, influence of a substance or from some other cause.
(c) “Physically helpless” means a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
(d) “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. 896 § 1, 1988).
9.20.020 Indecent liberties – Generally.
A person is guilty of indecent liberties when he knowingly causes another person who is not his spouse to have sexual contact with him or another:
(a) By forcible compulsion; or
(b) When the other person is less than 14 years of age; or
(c) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated or physically helpless. (Ord. 896 § 2, 1988).
9.20.030 Communication with a minor for immoral purposes.
Any person who communicates with a child under the age of 16 years of age for immoral purposes shall be subject to the penalties stated in FMC 9.20.040. (Ord. 896 § 3, 1988).
9.20.040 Violation – Penalty.
Any person who violates any of the provisions of this chapter is guilty of a gross misdemeanor and upon conviction shall be punished by a fine not to exceed $5,000 or by imprisonment not to exceed one year or by both such fine and imprisonment. (Ord. 896 § 4, 1988).