[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.