Ord 91-094
ORDINANCE NO. 91-94
AN ORDINANCE OF THE CITY COUNCIL OF FEDERAL
WAY, WASHINGTON, RELATING TO THE CRIMINAL
CODE, ADDING DEFINITIONS AND THE ELEMENT OF
INTENT TO THE CRIME OF PROSTITUTION, AMENDING
FEDERAL WAY ORDINANCE 91-89.
WHEREAS,
prostitution
is
a
crime
which
the
Council
enacted under Federal Way Ordinance No. 91-89; and
WHEREAS,
a
section
defining
"prostitution"
was
inadvertently omitted from the enacted Criminal Code; and
WHEREAS, recent court decisions have left some question
as to whether or not the element of "intent" must be specifically
stated or may be implied in a criminal statute; and
WHEREAS, the addition of a definition of the crime and
specific inclusion of the element of intent will clarify any issues
raised about these omissions; and
WHEREAS, the Federal Way City Council finds that this
ordinance is in the interest of the public healthy, safety and
welfare; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1.
Section 9.30.010 of the Criminal Code is
amended as follows:
9.30.010 Definitions.
chapter, the following words, terms
following meaning:
For the purpose of this
or phrases shall have the
A. "Act of Prostitution" means enqaqinq. offerinq. or
aqreeinq to enqaqe in sexual contact or sexual conduct with any
person in return for a fee.
1n-B. "Actor" means a person who engages in conduct in
violation of~his chapter.
CO"y
~--'- "Expressive dance" means any dance which, when
considered in the context of the entire performance, constitutes an
expression of theme, story, or ideas, but excluding any dance such
as, but not limited to, common barroom type topless dancing which,
when considered in the context of the entire performance, is
presented primarily as a means of displaying nudity as a sales
device or for other commercial exploitation without substantial
expression of theme, story or ideas, and the conduct appeals to the
prurient interest, depicts sexual conduct in a patently offensive
way and lacks serious literary, artistic, political or scientific
value.
e.!h. "Exposed" means the state of
exhibited or otherwise rendered to public view.
being
revealed,
E. "Fee" means money. any neqotiable instrument. any
qood or service havinq value. or anv other consideration.
Ð.E... "Known prostitute or panderer" is a person who,
within one year prior to the date of arrest for a violation of this
chapter, has been convicted of violating any ordinance or law of
any jurisdiction within the state of Washington defining and
punishing acts of soliciting, committing, or offering or agreeing
to commit prostitution.
in-G. "Person" means and includes natural persons of
either sex, firms, corporations and all associations of natural
persons, whether acting by themselves or by an agent, servant or
employee.
¥-r.!L. "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.
G-r.L.. "Sexual aot:ivity conduct" means:
1. Sexual intercourse wi thin its ordinary meaning,
occurring upon any penetration, however slight; and
2. Also means any penetration of the vagina or
anus, however slight, by an object, when committed on one person by
another, whether such persons are of the same or opposite sex,
except when such penetration is accomplished for medically
recognized treatment or diagnostic purposes; and
3. Also means any act of sexual contact between
persons involving the sex organs of one person and the mouth or
anus of another whether such persons are of the same or opposite
sex; and
4. Also means masturbation,
instrumental, of one person by another.
manual
or
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Section 2.
Section 9.30.040 of the Criminal Code is
amended as follows:
9.30.040
Prostitution.
A.
Unlawful Acts.
It is unlawful for anyone:
1. To intentionallv ~ enaaae in or offer or
agree to ~ enaaae in an act of prostitution; or
2. To intentionallY secure or offer to secure
another person for the purpose of eemmi~~i~~ enaaaina in an act of
prostitution; or
3. To )tfteui~lJly intentionallv transport a person
into or within the city with purpose of promoting that person's
engaging in an act of prostitution, or procuring or paying for
transportation with that purpose; or
4. To ]tfte\:i~lJly intentionallv receive, offer or
agree to receive a~etRer a person into any place or building for
the purpose of performing an act of prostitution, or to knowingly
permit a~BtRcr a person to remain there for any such purpose; or
5. To intentional I v direct a~BtRer a person to any
place for the purpose of eBmmitti~1J enaaaina in an act of
prostitution; or
6. To It~B\liftlJly intentional Iv in any way aid, abet
or participate in an act of prostitution; or
7. To remain in or near any street, sidewalk,
alleyway or other place open to the public with the intent of
Ðemmittift~, enaaaina in ep inducing, enticing, soliciting or
procuring aftBtRer a person to commit an act of prostitution. Among
the circumstances which may be considered in determining whether
the actor intends such prohibited conduct are:
a.
That the actor is a known prostitute or
panderer; or
b. The actor repeatedly beckons to, stops or
attempts to stop, or engages passersby in conversation, or
repeatedly stops or attempts to stop motor vehicle operators by
hailing, waving of arms or any other bodily gesture; or
c.
The actor circles an area in a motor
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vehicle and repeatedly beckons to, contacts, or attempts to stop
pedestrians; or
d. The actor inquires whether a potential
patron, procurer or prostitute is a police officer, searches for
articles that would identify a police officer, or requests the
touching or exposing of genitals or female breasts to prove that
the person is not a police officer.
8. To intentionallv enter or remain in any "area
of prostitution" in violation of a condition of probation.
Probation Violations.
B.
1. Whenever a police officer shall have probable
cause to believe that a probationer, prior to the termination of
the period of his/her probation, is, in such officer's presence,
violating or failing to comply with any requirement or restriction
imposed by the court as a condition of such probation, such officer
may cause the probationer to be brought before the court wherein
sentence was deferred or suspended, and for such purpose such
police officer may arrest such probationer without warrant or other
process.
2. As used in this section, "probationer" means
any person who, after conviction of a violation of this chapter,
Chapter 12.63 of the King County Code or Chapter 9A.88 RCW, has
been placed on probation in connection with the suspension or
deferral of sentence by either a District or Municipal Court of
this county or the King County Superior Court.
C.
Prostitution is a misdemeanor.
Section 3.
section 9.30.060 of the Criminal Code is
amended as follows:
9.30.060 Patronizina a Prostitute. A person is
guilty of the misdemeanor of patronizing a prostitute if:
A. Pursuant to a prior understanding he or she
intentional Iv pays a fee to another person as compensation for such
person or a third person having engaged in sexual conduct or sexual
contact with him or her;
B. He or she intentional Iv 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 or sexual
contact with him or her; or
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C. He or she intentional Iv solicits or requests another
person to engage in sexual conduct or sexual contact with him or
her in return for a fee.
Section 3.
Severabilitv.
If any section, sentence,
clause or phrase of this ordinance should be held to be invalid or
unconstitutional
by
a
court
of
competent
jurisdiction,
such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
section 4.
Effective Date.
This ordinance shall be
effective five (5) days after passage and publication of an
approved summary consisting of the title hereto.
PASSED by the City Council of the City of Federal Way
this
7th
day of
Hay
, 19.2.!- .
CITY OF FEDERAL WAY
~J fPLÞJ
MAYOR, DEBRA ERTEL
EY, CMC
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FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: Hay 10, 1991
EFFECTIVE DATE: Hay 15, 1991
ORDINANCE NO. 91-94
91L520
Hay 2,1991
Hay 7,1991
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