Chapter 8.34
LEWD CONDUCT
Sections:
8.34.030 Facilitating offense.
8.34.035 Indecent exposure and lewd conduct—Exemptions.
8.34.010 Definitions.
“Expressive dance” means any dance which:
(1) When considered in the context of the entire performance, constitutes an expression of theme, story or ideas;
(2) 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.
“Public place” means any place in which the general public has a right to be present, and any area open to public view including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and buildings open to the general public, whether or not access is restricted according to age, including those in which food or drink is served, or entertainment provided.
“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.
Sexual intercourse:
(1) Has its ordinary meaning and occurs upon any penetration, however slight;
(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; or
(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. (Ord. 1593 § 1, 2023).
8.34.020 Indecent exposure.
(a) A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm.
(b) Indecent exposure is a misdemeanor unless such person exposes himself to a person under the age of fourteen years in which case indecent exposure is a gross misdemeanor for the first offense and, if such person has previously been convicted under this subsection of a sex offense as defined in RCW 9.94A.030, then such person is guilty of a Class C felony punishable under Chapter 9A.20 RCW. (Ord. 1593 § 1, 2023).
8.34.025 Lewd conduct.
(a) As used in this section the definition of a “lewd act” is:
(1) The touching, caressing, or fondling of the male or female genitals or female breast(s); or
(2) Sexual intercourse; or
(3) Masturbation; or
(4) Urination or defecation in a place other than a washroom or toilet room.
(b) A person is guilty of lewd conduct if he or she intentionally performs any lewd act in a public place or at a place and under circumstance where such act could be observed by any member of the public.
(c) Any person found violating any provision of this section shall be guilty of a misdemeanor. (Ord. 1593 § 1, 2023).
8.34.030 Facilitating offense.
The owner, operator, manager or other person in charge of a public place is guilty of lewd conduct if he or she knowingly permits or causes any lewd act on said premises. (Ord. 1593 § 1, 2023).
8.34.035 Indecent exposure and lewd conduct—Exemptions.
The prohibitions set forth in Sections 8.34.020 and 8.34.025 shall not apply to any:
(a) Expressive dance as defined in Section 8.34.010;
(b) Play, opera, musical or other dramatic work;
(c) Class, seminar, or lecture, conducted for a scientific or educational purpose;
(d) Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities;
(e) Employees or entertainers of an adult business while on the premises of said adult business and subject to the standards and conduct set forth in Chapter 4.28, Cabarets/Adult Entertainment; or
(f) The exposure of a female breast while nursing an infant. (Ord. 1593 § 1, 2023).
8.34.040 Penalties.
Unless otherwise provided, any person convicted for committing, attempting to commit, or aiding and abetting in the commission of any act that is in violation of the provisions of this chapter is guilty of a gross misdemeanor. (Ord. 1593 § 1, 2023).