[Ord. No. 1224 §1, 4-19-2010]
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 person and the hand,
mouth, tongue, or anus of another person or a sexual act involving
the penetration, however slight, of the male or female sex organ 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.
LEWD AND INDECENT CONDUCT
1.
The exposure of one's genitals, buttocks, vulva, pubic hair
or the female breast below a point immediately above the top of the
areola;
2.
The touching, caressing or fondling of the breasts, buttocks
or genitals, whether clothed or unclothed, for the purpose of sexual
arousal or gratification;
3.
The touching, caressing or fondling of the breasts, buttocks
or genitals, whether clothed or unclothed, which is likely to cause
affront or alarm; and
4.
Acts or representations of acts of human masturbation, sexual
intercourse or sodomy, bestiality, cunnilingus, fellatio or flagellation.
PUBLIC PLACE
Any publicly owned place or premises or any privately owned
place or premises to which the public or a substantial number of persons
have access or where the conduct or act involved may be viewed by
people other than the members of the actor's family or household.
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 sexual desire of any person.
SEXUAL INTERCOURSE
Any penetration, however slight, of the female sex organ
by the male sex organ, whether or not an emission results.
[Ord. No. 1224 §2, 4-19-2010]
A. A person
commits the offense of indecent exposure (sexual misconduct) 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 (3rd) 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 one (1) or more third (3rd) persons.
B. A person
commits the offense of lewd and indecent conduct if such person behaves,
commits, acts or performs one (1) or more acts of conduct herein described
and defined as such in a public place.
C. Violation
of this Section shall be punishable by a fine not to exceed five hundred
dollars ($500.00) for each such and separate violation.
A person commits the offense of sexual misconduct in the first
degree if such person purposely subjects another person to sexual
contact without that person's consent.