Chapter 5.38
OFFENSES AGAINST THE
PUBLIC MORALS
Sections:
5.38.010 Definitions.
5.38.020 Offensive telephone calls.
5.38.030 Unlawful public exposure.
5.38.040 Facilitating unlawful public exposure prohibited.
5.38.050 Exemptions.
5.38.060 Prostitution – Unlawful acts.
5.38.070 Prostitution – Sex of parties immaterial – No defense.
5.38.080 Repealed.
5.38.090 Repealed.
5.38.110 Repealed.
5.38.130 Penalty.
5.38.140 Registration of sex offenders – Procedures – Sex offense defined – Penalties.
5.38.010 Definitions.
As used in this chapter, the following words and terms shall have the meanings set forth in this section:
A. “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.
B. “Exposed” means the state of being revealed, exhibited or otherwise rendered to public view.
C. “Person” means and includes natural persons of either sex, firms, corporations and all associations of natural persons, whether acting by themselves or by an agent, servant or employee.
D. “Public exposure” means the act of revealing, exhibiting or otherwise rendering open to public view.
E. “Public place” means any place in which the general public has a right to be present, and any area open to public view, whether or not conditioned upon payment of a fee, and includes, but is not limited to, 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.
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 either party.
G. “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; 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. “Unlawful public exposure” means:
1. A public exposure of any portion of the human anus, buttocks or genitals;
2. A public exposure of any portion of the female breast lower than the upper edge of the areola;
3. A public exposure consisting of touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed; or
4. A public exposure consisting of masturbation, or of urination or defecation in a place other than a restroom or other toilet facility. [Ord. 2651 § 1, 1988; Ord. 2531, 1985; Ord. 2311 § 1, 1982].
5.38.020 Offensive telephone calls.
A. It shall be unlawful for any person with intent to harass, frighten, intimidate, torment or embarrass any other person, to make a telephone call to such other person:
1. Using lewd, lascivious, profane, indecent, or obscene words or language, appealing to the prurient interest of the community as a whole, or suggesting the commission of any lewd or lascivious act; or
2. Anonymously or repeatedly or at an extremely inconvenient hour, without purpose of legitimate communication, whether or not conversation ensues; or
3. Threatening to inflict injury on the person or property of the person called or any member of his or her family.
B. Any offense committed by use of the telephone as set forth in subsection A of this section shall be deemed to have been committed either at the place from which the telephone call or calls originated or at the place the telephone call or calls were received, whichever takes place in the city of Edmonds. [Ord. 2531, 1985; Ord. 1296, 1967].
5.38.030 Unlawful public exposure.
It is unlawful for any person to intentionally commit any act constituting unlawful public exposure of his person or the person of another. Unlawful public exposure is a misdemeanor unless such person exposes himself to a person under the age of 14 years, in which case the offense is a gross misdemeanor. [Ord. 2651 § 2, 1988; Ord. 2531, 1985; Ord. 2311 § 2, 1982].
5.38.040 Facilitating unlawful public exposure prohibited.
It shall be unlawful for the owner, lessee, manager, operator or other person in charge of any public place to knowingly permit, encourage or cause to be committed, whether by commission or omission, any unlawful exposure upon said premises. Violation of this section is a misdemeanor unless the exposure is made to a person under the age of 14 years, in which case the offense is a gross misdemeanor. [Ord. 2651 § 3, 1988; Ord. 2531, 1985; Ord. 2311 § 3, 1982].
5.38.050 Exemptions.
The prohibitions set forth in ECC 5.38.030 and 5.38.040 shall not apply to any:
A. “Expressive dance” as defined in ECC 5.38.010;
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. [Ord. 2531, 1985; Ord. 2311 § 4, 1982].
5.38.060 Prostitution – Unlawful acts.
It is unlawful for anyone:
A. To commit or offer or agree to commit an act of prostitution; or
B. To secure or offer to secure another for the purpose of committing an act of prostitution; or
C. To knowingly transport a person into or within the city with the purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or
D. To knowingly receive, offer or agree to receive another into any place or building for the purpose of performing an act of prostitution, or to knowingly permit another to remain there for any such purpose; or
E. To direct another to any place for the purpose of committing an act of prostitution; or
F. To permit prostitution – whereby any person having possession or control of premises which the person knows are being used for prostitution purposes, fails without lawful excuse to make reasonable effort to halt or abate such use;
G. To knowingly in any way aid, abet or participate in an act of prostitution; or
H. To patronize a prostitute whereby:
1. Pursuant to a prior understanding the actor pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with the actor, or
2. The actor pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person will engage in sexual conduct with the actor, or
3. The actor solicits or requests another person to engage in sexual conduct with them in return for a fee;
I. To remain in or near a high risk prostitution area (zone) open to the public with the intent of committing, or inducing, enticing, soliciting or procuring another to commit, an act of prostitution. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are:
1. That the actor is a known prostitute or panderer, or
2. The actor repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waiving of arms or any other bodily gesture, or
3. The actor circles a (high risk) prostitution area (zone) or any area, in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians, or
4. The actor inquires whether a potential patron, procurer or prostitute is a police officer, searches for articles that would identify a police officer, or requests the touching or exposing of genitals or female breasts to prove that the person is not a police officer. [Ord. 2826 § 2, 1991].
5.38.070 Prostitution – Sex of parties immaterial – No defense.
In any prosecution for prostitution, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated, or solicited is immaterial, and it is no defense that:
A. Such persons were of the same sex; or
B. The person who received, agreed to receive, or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was female. [Ord. 2531, 1985; Ord. 2311 § 6, 1982].
5.38.080 Permitting prostitution.
Repealed by Ord. 2826 § 1, 1991.
5.38.090 Patronizing a prostitute.
Repealed by Ord. 2826 § 1, 1991.
5.38.110 Location of performers providing certain forms of entertainment restricted.
Repealed by Ord. 3097. [Ord. 2531, 1985; Ord. 2311 § 10, 1982].
5.38.130 Penalty.
Unless otherwise provided, violations of the provisions of this chapter constitute a misdemeanor punishable as set forth in ECC 5.50.020. [Ord. 2651 § 6, 1988; Ord. 2531, 1985; Ord. 2311 § 12, 1982].
5.38.140 Registration of sex offenders – Procedures – Sex offense defined – Penalties.
The following sections in the Revised Code of Washington, and all other statutes adopted by reference therein, including all future amendments, are adopted by reference as if set forth in full herein:
A. RCW 9A.44.130, Registration of sex offenders – Procedures – Sex offense defined – Penalties.
B. RCW 9A.44.140, Registration of sex offenders – Termination of duty to register. [Ord. 3071 § 1, 1996].