Chapter 9.70
PUBLIC MORALS, CRIMES RELATING TO
Sections:
9.70.010 Obscenity and pornography—Statutes adopted by reference.
9.70.020 Criminal mistreatment—Statutes adopted by reference.
9.70.025 Sexual Assault Protection Order Act—Statutes adopted by reference.
9.70.030 Sex offenses—Statutes adopted by reference.
9.70.040 Sexual exploitation of children—Statutes adopted by reference.
9.70.050 Indecent exposure—Prostitution.
9.70.010 Obscenity and pornography—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 9.68 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
9.68.015 Obscene literature, shows, etc.—Exemptions
9.68.030 Indecent articles, etc.
9.68.050 “Erotic material”—Definitions
9.68.060 “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 Exception 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
9.68.900 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521
(Ord. 2014-06 § 16, 2014: Ord. 2007-38 § 2, 2007: Ord. 97-33 § 1 (part), 1997)
9.70.015 Fighting in public.
A. It is unlawful for any person to intentionally fight with another person in a public place or to incite or encourage others to fight in a public place.
B. “Fight” means:
1. A verbal altercation which tends to incite an immediate breach of the peace; and/or
2. A breach of the peace whether or not it is preceded by a verbal altercation.
C. “Verbal altercation” means an angry argument, quarrel, or disagreement that is reasonably likely to provoke a belligerent response.
D. “Breach of the peace” means a physical altercation, battle, fray, combat, clash, skirmish, punch, tussle, scuffle, shoving match, exchange of blows, physical struggle for supremacy, brawl, fracas, donnybrook, ruckus, and/or melee.
E. “Public place,” as used in this section, shall have the same meaning as defined in RCW 66.04.010(33).
F. In any prosecution under subsection A of this section, it is an affirmative defense that the fight was duly licensed or authorized by law. The burden of proving the affirmative defense that the fight was duly licensed or authorized by law is upon the person claiming the affirmative defense by establishing the affirmative defense by a preponderance of the evidence.
G. Fighting in public is a gross misdemeanor. (Ord. 2008-08 § 1, 2008)
9.70.020 Criminal mistreatment—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 9A.42 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
9A.42.110 Leaving a child in the care of a sex offender
(Ord. 2007-38 § 3, 2007: Ord. 97-33 § 1 (part), 1997)
9.70.025 Sexual Assault Protection Order Act—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 7.90 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
7.90.010 Definitions
7.90.020 Petition for a sexual assault protection order
7.90.030 Petition—Who may file
7.90.040 Petition—Additional requirements
7.90.050 Petition—Hearings prior to issuance of protection order
7.90.052 Service by publication—When authorized
7.90.053 Service by mail—When authorized
7.90.054 Issuance of order following service by publication or mail
7.90.055 Fees not permitted
7.90.060 Sexual assault advocates
7.90.070 Appointment of counsel
7.90.080 Evidence
7.90.090 Burden of proof—Issuance of protection order—Remedies—Violations
7.90.100 Accountability for conduct of others
7.90.110 Ex parte temporary sexual assault protection orders—Issuance
7.90.120 Ex parte orders—Duration
7.90.121 Renewal of ex parte order
7.90.130 Sexual assault protection orders—Contents
7.90.140 Sexual assault protection orders—Service to respondent
7.90.150 Court initiated issuance of sexual assault protection orders—Terms, conditions, requirements, etc.
7.90.155 Sexual assault protection orders—Personal jurisdiction—Nonresident individuals
7.90.160 Law enforcement agencies—Entry of protection order data
7.90.170 Modification or termination of protection orders
7.90.190 Admissibility of ex parte temporary orders in civil actions
(Ord. 2014-05 § 1, 2014)
9.70.030 Sex offenses—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 9A.44 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
9A.44.010 Definitions
9A.44.020 Testimony—Evidence—Written motion—Admissibility
9A.44.030 Defenses to prosecution under this chapter
9A.44.096 Sexual misconduct with a minor in the second degree
9A.44.100 Indecent liberties
9A.44.130 Registration of sex offenders and kidnapping offenders—Procedures—Definitions—Penalties
9A.44.135 Address verification
9A.44.140 Registration of sex offenders and kidnapping offenders—End of duty to register—Expiration of subsection
9A.44.145 Notification of offenders of changed requirements
9A.44.170 Custodial sexual misconduct in the second degree
(Ord. 2007-38 § 4, 2007: Ord. 97-33 § 1 (part), 1997)
9.70.040 Sexual exploitation of children—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 9.68A RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
9.68A.001 Legislative finding
9.68A.011 Definitions
9.68A.080 Reporting of depictions of minor engaged in sexually explicit conduct—Civil immunity
9.68A.090 Communication with minor for immoral purposes—Penalties
9.68A.103 Permitting commercial sexual abuse of a minor—Penalty
9.68A.105 Additional fee assessment
9.68A.110 Certain defenses barred, permitted
9.68A.120 Seizure and forfeiture of property
9.68A.150 Allowing minor on premises of live erotic performance—Definitions—Penalty
9.68A.910 Severability—1984 c 262
9.68A.911 Severability—1989 c 32
(Ord. 2007-38 § 5, 2007: Ord. 97-33 § 1 (part), 1997)
9.70.050 Indecent exposure—Prostitution.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 9A.88 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
9A.88.010 Indecent exposure
9A.88.030 Prostitution
9A.88.040 Prosecution for prostitution under RCW 9A.88.030—Affirmative defense
9A.88.050 Prostitution—Sex of parties immaterial
9A.88.060 Definitions—Promoting prostitution
9A.88.090 Permitting prostitution
9A.88.110 Patronizing a prostitute
9A.88.120 Additional fee assessments—Prostitution
9A.88.130 Additional requirements—Prostitution
9A.88.140 Vehicle impoundment—Prostitution
9A.88.150 Seizure and forfeiture
(Ord. 2014-06 § 19, 2014: Ord. 2007-38 § 6, 2007: Ord. 97-33 § 1 (part), 1997)
9.70.100 Unlawful lewd acts.
A. Every person who intentionally performs any lewd act in a public place knowing that such conduct is likely to cause reasonable affront and alarm is guilty of a misdemeanor.
B. “Lewd act” means public:
1. Exposure of any portion of the human anus or genitals, including display of the male genitals in a discernible turgid state, even if completely and opaquely covered; or
2. Exposure of any portion of the female breast lower than the upper edge of the areola; provided, however, that nothing in this section shall prohibit breastfeeding of an infant or a child under the age of thirty-six months; or
3. Touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or naked; or
4. Sexual conduct as defined by subsection D of this section; or
5. Simulated acts of human sex, including intercourse, oral copulation, sodomy or masturbation of oneself or of one person by another; or
6. Urinating or defecating in a place other than a restroom or toilet facility.
C. “Public” or “public display” means easily visible from a public thoroughfare or from property of others in any portion of any public facility or park, or in any other public place in a manner so obtrusive as to make it difficult for an unwilling person to avoid exposure.
D. “Sexual conduct” means sexual intercourse or sexual contact.
E. “Sexual intercourse” means:
1. Its ordinary meaning, occurring upon any penetration, however slight; or
2. Any penetration of the vagina or anus, however slight, by an object, when committed by one person on 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. Any contact between persons involving the sex organs of one person in the mouth or anus of another, whether such persons are of the same or opposite sex.
F. “Sexual contact” means:
1. Any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party;
2. Masturbation, manual or instrumental, of oneself in the presence of another, or one person by another. (Ord. 2007-38 § 7, 2007: Ord. 97-33 § 1 (part), 1997. Formerly 9.70.060)
9.70.110 Peeping Toms.
A. Definitions.
1. “Building” shall have the same meaning as in RCW 9A.04.110(5) as now or hereafter amended. Each room shall constitute a separate building. Restrooms, locker rooms and bedrooms are specifically included in this definition.
2. “Fully clothed” means having a person’s genitals, underclothing or a woman’s breasts covered. A person using a toilet or a urinal or wrapped in a towel is not fully clothed.
3. “Curtilage” shall be within ten feet from the exterior of a wall of any building, regardless of whether the premises are enclosed.
B. It is unlawful for any person to enter or remain in or upon the curtilage of a building or premises of another for the purposes of observing, photographing, videotaping or filming another person, under circumstances where the other person has a reasonable expectation of privacy and may not be fully clothed.
C. Violation of this section shall be a gross misdemeanor. (Ord. 2007-38 § 8, 2007)
9.70.150 Penalty.
A. Unless otherwise provided, any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.
B. Such penalty is in addition to any other remedies or penalties specifically provided by law. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense. (Ord. 2007-38 § 9, 2007)