Loading...
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 -2- 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 -3- 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 -4- 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 -5- 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 -6-