Chapter 9.19
OFFENSES AGAINST THE PUBLIC MORALS
Sections:
9.19.010 Indecent exposure – Prostitution – Sexually explicit material.
9.19.020 Registration of sex offenders.
9.19.050 Solicitation for a lewd act.
9.19.060 Facilitating lewd conduct.
9.19.010 Indecent exposure – Prostitution – Sexually explicit material.
The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be amended:
A. RCW 9A.88.010, Indecent exposure.
B. RCW 9A.88.030, Prostitution.
C. RCW 9A.88.050, Prostitution – Sex of parties immaterial.
D. RCW 9A.88.090, Permitting prostitution.
E. RCW 9A.88.110, Patronizing a prostitute.
F. RCW 9A.88.120, Additional fee assessments.
G. RCW 9A.88.130, Additional requirements.
H. RCW 9A.88.140, Vehicle impoundment – Fees and fine.
F. RCW 9.68.130, “Sexually explicit material” – Defined – Unlawful display. (Ord. 3536 § 11, 2011).
9.19.020 Registration of sex offenders.
The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be amended:
A. RCW 9A.44.010, Definitions.
B. RCW 9A.44.130, Registration of sex offenders – Procedures – Sex offense defined – Penalties.
C. RCW 9A.44.132, Failure to register as sex offender or kidnapping offender.
D. RCW 9A.44.140, Registration of sex offenders – Termination of duty to register. (Ord. 3536 § 11, 2011).
9.19.030 Definitions.
As used in this chapter, the following definitions shall apply:
A. “Expose” means to reveal, exhibit, or otherwise render open to public view.
B. “Expressive conduct” means any dance, opera, musical, dramatic work, or other exhibition or performance, whether or not part of an organized or formal event that constitutes protected speech under federal or state constitution.
C. “Obscene” matter means any matter:
1. Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and
2. Which explicitly depicts or describes in a patently offensive way, as measured against contemporary community standards, sexual conduct as described in RCW 7.48A.010(2)(b); and
3. Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political or scientific value.
D. “Public place” means an area generally visible to public view, and includes without limitation streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and any place in which the general public has a right to be present or view, whether or not conditioned upon payment of a fee, and included, but is not limited to, buildings open to the general public (including those which serve food or drink or provide entertainment), doorways and entrances to buildings or dwellings and the grounds enclosing them and structures from which customers can be served through a drive-up or walk-up window, or other means, whether or not access is restricted according to age.
E. “Public place provided or set apart for nudity” means an enclosed public restroom, an enclosed functional shower or locker room facility, an enclosed sauna, a motel room or hotel room designed and intended for sleeping accommodations, the location of a bona fide private club whose membership as a whole engages in social nudism or naturalism (a nudist resort or camp), and any similar public places in which nudity is necessarily and customarily expected outside of the home.
F. “Sexual contact” means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of any person.
G. 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 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.
H. “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. (Ord. 3699 § 2, 2016).
9.19.040 Lewd conduct.
A. A person is guilty of lewd conduct if in a public place and under circumstances where such conduct is likely to be observed by a member of the public the person intentionally:
1. Exposes any of the following body parts of the person without a full and opaque covering in other than a public place provided or set apart for nudity:
a. Any part of the male or female genitals, pubic hair, pubic area, perineum, anus, or bottom one-half of the anal cleft;
b. Any part of the areola or nipple of the female breast; or
c. More than one-half of the part of the female breast located below the top of the areola, provided that the covered area shall be reasonably compact and contiguous to the areola.
2. Exposes the male genitals in a discernibly turgid state, even if fully and opaquely covered.
3. Touches, caresses, or fondles the genitals or female breast, whether clothed or unclothed;
4. Masturbates; or
5. Engages in sexual contact.
B. 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, is not full and opaque covering within the meaning of this section.
C. This section shall not be construed to prohibit:
1. The act of breastfeeding or expressing breast milk;
2. Classes, seminars, and lectures held for serious scientific or educational purposes;
3. Expressive conduct that is not obscene, subject to the time, place, and manner restrictions contained in Chapter 5.06, 5.13 or 17.72 MVMC or other state or federal law;
4. Conduct of licensed adult entertainers within adult entertainment dance studios operating pursuant to Chapter 5.06 MVMC;
5. Conduct of licensed employees working as escorts or nude house cleaners in adult businesses operating pursuant to Chapter 5.13 MVMC; provided, that the conduct is not exposed to a person under 18 years of age; or
6. Conduct of a child under 10 years of age.
D. Lewd conduct is a misdemeanor; however, if a person exposes himself or herself or performs any lewd act or facilitates lewd conduct as set forth in MVMC 9.19.050 to a person under the age of 14 years, then the lewd conduct is a gross misdemeanor. (Ord. 3699 § 3, 2016).
9.19.050 Solicitation for a lewd act.
Every person who solicits another to engage in a lewd act in a public place shall be guilty of a misdemeanor. (Ord. 3536 § 11, 2011).
9.19.060 Facilitating lewd conduct.
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 as defined in MVMC 9.19.040. (Ord. 3699 § 4, 2016).
9.19.070 Severability.
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 3699 § 5, 2016).