Chapter 9.16
LEWD CONDUCT1
Sections:
9.16.020 Committing a lewd act.
9.16.030 Urinating or defecating in a public place.
9.16.040 Facilitating offense.
9.16.050 Lewd conduct – Exemptions.
Prior legislation: Ord. 313.
9.16.010 Definitions.
“Expressive dance” means any dance which, when considered in the context of the entire performance, constitutes an expression of theme, story or ideas, 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.
“Lewd act” means a public exposure of:
1. Any portion of the human anus, buttocks or genitals;
2. Any portion of the female breast lower than the upper edge of the areola excluding the act of breastfeeding or expressing breast milk;
3. Touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed, or other sexual contact;
4. Masturbation; or
5. Sexual intercourse.
“Public exposure” means the act of revealing, displaying, exhibiting or otherwise rendering open to the public view.
“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. 36-12 § 2 (Att. A), 2012; Ord. 20-83 § 1, 1983; Ord. 251 § 1.34.010, 1977. Formerly 9.16.060(A)].
9.16.020 Committing a lewd act.
A person is guilty of committing a lewd act as defined in WRMC 9.16.010 if he or she intentionally performs any lewd act in a public place and under circumstances where such act could be observed by a member of the public. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 20-83 § 1, 1983; Ord. 251 § 1.34.010, 1977. Formerly 9.16.060(B)].
9.16.030 Urinating or defecating in a public place.
A person is guilty of urinating or defecating in a public place if he or she intentionally urinates or defecates in a public place other than in a restroom or a toilet room. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 42-95 § 5, 1995; Ord. 19-83 § 1, 1983. Formerly 9.16.065].
9.16.040 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. 36-12 § 2 (Att. A), 2012; Ord. 20-83 § 1, 1983; Ord. 251 § 1.34.010, 1977. Formerly 9.16.060(C)].
9.16.050 Lewd conduct – Exemptions.
The prohibitions set forth in WRMC 9.16.020 shall not apply to any:
A. Expressive dance as defined in WRMC 9.16.010;
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; or
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 5.22 WRMC. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 20-83 § 1, 1983; Ord. 251 § 1.34.010, 1977. Formerly 9.16.060(D)].
9.16.060 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. 36-12 § 2 (Att. A), 2012; Ord. 20-83 § 1, 1983; Ord. 251 § 1.34.010, 1977. Formerly 9.16.060(E)].
Editor’s Note: For statutory provisions on public indecency, see RCW 9A.88.010.