[1]
Editor's Note: As to Failure to Register as a Sex Offender, § 205.2340.
[Ord. No. 18-04, 12-27-2018]
As used in this Article, the following terms shall have the meanings set forth herein:
DEVIATE SEXUAL INTERCOURSE
Any act involving the genitals of one (1) person and the hand, mouth, tongue or anus of another person or a sexual act involving the penetration, however slight, of the penis, female genitalia, or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim.
SEXUAL CONDUCT
Sexual intercourse, deviate sexual intercourse or sexual contact.
SEXUAL CONTACT
Any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim.
SEXUAL INTERCOURSE
Any penetration, however slight, of the female genitalia by the penis.
[Ord. No. 18-04, 12-27-2018]
A. 
A person commits the offense of sexual misconduct in the first degree if such person:
1. 
Exposes his/her genitals under circumstances in which he/she knows that his/her conduct is likely to cause affront or alarm;
2. 
Has sexual contact in the presence of a third person or persons under circumstances in which he/she knows that such conduct is likely to cause affront or alarm; or
3. 
Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person.
[Ord. No. 93-03A §§ B, E, 3-2-1993; Ord. No. 00-01 § A, 3-9-2000; Ord. No. 05-19 § 1, 12-22-2005; Ord. No. 18-04, 12-27-2018]
A. 
A person who knowingly or intentionally in a public place to include, but not to be limited to, indoor and outdoor entertainment establishments, restaurants, theaters, bars, bookstores, and places of public accommodation where one (1) or more other persons is present:
1. 
Engages in sexual intercourse;
2. 
Engages in deviate sexual conduct;
3. 
Appears in a state of nudity; or
4. 
Fondles the genitals of himself/herself or another person commits the unlawful act of public indecency.
B. 
Definition. Unless otherwise defined in this Section, the following definition shall apply:
NUDITY
The showing of the human male and female genitals, pubic area or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola, or the showing of the covered male genitals in a discernible turgid state.
C. 
Penalty. Any person violating any provisions of this Section is guilty of a misdemeanor.