Chapter 10.06
Offenses Against Decency and Morality

Sections:

10.06.010 Disorderly House.

10.06.020 Lewd Conduct.

10.06.025 Indecent Exposure.

10.06.030 Prostitution.

10.06.035 Patronizing a Prostitute.

10.06.037 Patronizing a Prostitute – Vehicle Impoundment.

10.06.038 Patronizing a Prostitute – Penalty.

10.06.040 Sexual Misconduct with a Minor.

10.06.042 Custodial Sexual Misconduct.

10.06.010 Disorderly House.

No person, whether as owner or agent, employee or servant, may maintain or conduct a disorderly house, a bawdy house, a house of ill-fame, or any place for the practice of prostitution, or for any lewd, obscene, or indecent purpose.

Upon the trial of any person charged with a violation of this section in municipal court, evidence of the general reputation of the place shall be admissible for the purpose of proving the existence of such place.

[Ord. C25103 § 6.05.300]

10.06.020 Lewd Conduct.

A.  As used in this section a lewd act is:

1.   the touching, caressing, or fondling of the 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 intentionally performs any lewd act in a public place or at a place and under circumstances where such act could be observed by any member of the public.

C.  This section is not applicable to:

1.   performances in a theater or museum; or

2.   the exposure of a female breast while nursing an infant.

[Ord. C32021 § 15; Passed: 11/10/1997]

10.06.025 Indecent Exposure.

A.  A person is guilty of indecent exposure if he intentionally makes any open and obscene exposure of his 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 on the first offense and, if such person has previously been convicted under this subsection or of a sex offense as defined in RCW 9.94A.030, then such person is guilty of a class C felony punishable under RCW chapter 9A.20. (RCW 9A.88.010)

[Ord. C32021 § 14; Passed: 11/10/1997]

10.06.030 Prostitution.

A.  No person may commit an act of prostitution.

B.  A person commits prostitution if the person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.

C.  A person commits prostitution if the person loiters in or near any thoroughfare or place open to the public in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting, or procuring another to pay for an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested are that the subject is a known prostitute or panderer; repeatedly beckons to, stops or attempts to stop, or engages in conversation with passersby; repeatedly stops or attempts to stop motor vehicle operators by hailing, waving arms, or any other bodily gesture. No arrest may be made under this subsection unless the arresting officer first affords the subject an opportunity to explain such conduct. It is a defense under this subsection that the explanation given was true and disclosed a lawful purpose.

D.  For purposes of this section “sexual conduct” means “sexual intercourse” as defined in RCW 9A.44.010(1), or “sexual contact” as defined in RCW 9A.44.010(2).

[Ord. C28629; Passed: 2/23/1987]

10.06.035 Patronizing a Prostitute.

A.  A person is guilty of patronizing a prostitute if:

1.   Pursuant to a prior understanding, he or she pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him or her; or

2.   He or she 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 him or her; or

3.   He or she solicits or requests another person to engage in sexual conduct with him or her in return for a fee.

B.  For purposes of this section, “sexual conduct” has the meaning given in RCW 9A.88.030.

C.  Patronizing a prostitute is a misdemeanor.

[Ord. C32488 § 21; Passed: 9/13/1999]

Cross Reference: SMC 10.01.050; RCW 9A.88.030.

10.06.037 Patronizing a Prostitute – Vehicle Impoundment.

A.  Upon an arrest for suspected violation of patronizing a prostitute or patronizing a juvenile prostitute, the arresting law enforcement officer may impound the person’s vehicle if:

1.   The motor vehicle was used in the commission of the crime;

2.   The person arrested is the owner of the vehicle; and

3.   The person arrested has previously been convicted of patronizing a prostitute, under RCW 9A.88.110, or the equivalent provisions of this title, or patronizing a juvenile prostitute, under RCW 9.68A.100.

B.  Impoundments performed under this section shall be in accordance with RCW chapter 46.55.

[Ord. C32488 § 22; Passed: 9/13/1999]

10.06.038 Patronizing a Prostitute – Penalty.

A.  When sentencing or imposing conditions on a person convicted of, or receiving a deferred sentence or deferred prosecution for, violating SMC 10.06.035, the court must impose a requirement that the offender:

1.   not be subsequently arrested for patronizing a prostitute or patronizing a juvenile prostitute; and

2.   remain outside the geographic area, prescribed by the court, in which the person was arrested for violating RCW 9A.88.110 or 9.68A.100, unless such a requirement would interfere with the person’s legitimate employment or residence or otherwise be infeasible.

B.  This requirement is in addition to the penalties set forth in RCW 9A.88.110, 9A.88.120, and 9.68A.100.

[Ord. C32488 § 23; Passed: 9/13/1999]

10.06.040 Sexual Misconduct with a Minor.

A.  A person is guilty of sexual misconduct with a minor in the second degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual contact with the victim.

B.  For purposes of this section:

1.   “Abuse of a supervisory position” means a direct or indirect threat or promise to use authority to the detriment or benefit of a minor.

2.   “Married” means one who is legally married to another, but does not include a person who is living separate and apart from his or her spouse and who has filed in an appropriate court for legal separation or for dissolution of his or her marriage.

3.   “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 or a third party.

4.   “Significant relationship” means a situation in which the perpetrator is a person who:

a.   undertakes the responsibility, professionally or voluntarily, to provide education, health, welfare, or organized recreational activities principally for minors; or

b.   in the course of his or her employment supervises minors.

C.  Sexual misconduct with a minor in the second degree is a gross misdemeanor. (RCW 9A.44.010, 9A.44.096).

[Ord. C32021 § 54; Passed: 11/10/1997]

10.06.042 Custodial Sexual Misconduct.

A.  A person is guilty of custodial sexual misconduct in the second degree when the person has sexual contact with another person:

1.   When:

a.   The victim is a resident of a state, county, or city adult or juvenile correctional facility, including but not limited to jails, prisons, detention centers, or work release facilities, or is under correctional supervision; and

b.   The perpetrator is an employee or contract personnel of a correctional agency and the perpetrator has, or the victim reasonably believes the perpetrator has, the ability to influence the terms, conditions, length, or fact of incarceration or correctional supervision; or

2.   When the victim is being detained, under arrest, or in the custody of a law enforcement officer and the perpetrator is a law enforcement officer.

B.  Consent of the victim is not a defense to a prosecution under this section.

C.  Custodial sexual misconduct in the second degree is a gross misdemeanor.

[Ord. C32488 § 14; Passed: 9/13/1999]