The following definitions shall apply in this chapter:
(1) 
"Commit prostitution"
means to engage in any type of sexual conduct in return for payment of money or other compensation.
(2) 
"Erotic material"
means any pictorial or three dimensional material depicting human sexual intercourse, masturbation, sodomy (i.e., bestiality or oral or anal intercourse), direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or emphasizing the depiction of adult human genitals; provided, however, that this definition applies only to those works which applying the average standards of the city, taken as a whole appeal to the prurient interests of persons and which lack serious literary, artistic, political, or scientific value. In determining whether material is prohibited for public display by this chapter such material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this subsection.
(3) 
Material is placed upon "public display" if it is placed by the defendant on or in a billboard, viewing screen, theater marquee, newsstand, display rack, window, showcase, display case or similar place so that matter bringing it within the definition of subsection (6) of this section is easily visible from a public thoroughfare or from the property of others, or in a public place in a manner so obtrusive as to make it difficult for an unwilling person to avoid exposure.
(4) 
"Known prostitute or procurer"
means a person who, within one year previous to the date of arrest for a violation of this chapter, has within the knowledge of the arresting officer been convicted of an offense involving prostitution.
(5) 
"Lewd act"
means public:
(a) 
Exposure of one's genitals or female breasts; or
(b) 
Touching, caressing, or fondling of the genitals or female breasts; or
(c) 
Urination or defecation in a place other than a washroom or toilet room; or
(d) 
Masturbation; or
(e) 
Sexual conduct.
(6) 
"Public place"
is an area generally visible to public view and includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), buildings open to the public, including those which serve food and/or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
(7) 
"Sexual conduct"
means any of the following:
(a) 
Sexual intercourse in its ordinary sense which occurs upon any penetration, however slight, or contact between persons involving the sex organs of one and the mouth or anus of another;
(b) 
Masturbation, manual or instrumental, of one person by another.
(Ord. 1724 § 11, 1998)
(1) 
A person is guilty of prostitution loitering if they remain in a public place and intentionally solicit, induce, entice or procure another to commit prostitution.
(2) 
Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are that they:
(a) 
Repeatedly beckon to, stop or attempt to stop pedestrians or engage pedestrians in conversation; or
(b) 
Repeatedly beckon to, stop or attempt to stop motor vehicle operators by hailing, waiving of arms or any other bodily gesture; or
(c) 
Circle an area in a motor vehicle and repeatedly beckon to, contact or attempt to stop pedestrians; or
(d) 
Are a known prostitute or procurer; or
(e) 
Inquire whether a potential patron, procurer or prostitute is a police officer, search for articles that would identify a police officer, or request the touching or exposing of genitals or female breasts to prove that a person is not a police officer.
(Ord. 1724 § 11, 1998; Ord. 017-23 § 1 (Exh. A))
The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.88.030.
(Ord. 1724 § 11, 1998)
The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.88.110. RCW 9A.88.110(2), defining sexual conduct, is not adopted by reference and is expressly deleted.
(Ord. 1724 § 11, 1998)
The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.88.090.
(Ord. 1724 § 11, 1998)
(1) 
A person is guilty of lewd conduct if they intentionally perform any lewd act in a public place or at a place and under circumstances where such act could be observed by the public.
(2) 
The owner or operator of premises open to the public is guilty of lewd conduct if they knowingly permit lewd conduct in a public place under their control.
(3) 
Lewd conduct is a misdemeanor.
(Ord. 1724 § 11, 1998; Ord. 017-23 § 1 (Exh. A))
(1) 
A person is guilty of public display of erotic material if they knowingly place such material upon public display, or if they knowingly fail to take prompt action to remove such a display from property in their possession after learning of its existence.
(2) 
Public display of erotic materials is a misdemeanor.
(Ord. 1724 § 11, 1998; Ord. 017-23 § 1 (Exh. A))
The following section of the Revised Code of Washington (RCW), and any amendments thereto, is adopted by reference as a portion of the criminal code of the city as if fully set forth in this chapter: RCW 9A.88.120.
(Ord. 1890 § 15, 2003)