HomeMy WebLinkAbout2004-038 Second Conviction of Indecent Exposure a
ORDINANCE NO 2004- 38
AN ORDINANCE relating to public safety and morals, conforming City of Yakima
Municipal Code with a recent change in the state statute making a
second conviction for the crime of Indecent Exposure a Class C
Felony; amending section 6 55 020(D) of the City of Yakima
Municipal Code
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 Section 6 55 020 of the City of Yakima Municipal Code is hereby
amended as follows
"6.04.180 Indecent Exposure
A. It is unlawful for any person to willfully make an indecent exposure in a public
place or at a place and under circumstances where such exposure may be observed by
any member of the public.
B An indecent exposure is an exposure of a person's genitals or parts thereof,
pubic hair, or pubic area, cleavage of the buttocks or female breasts below the top of the
areola
C This prohibition shall not be construed to limit or restrict lawful expressive
nude activity Any exposure accomplished primarily for the purpose of sexual
gratification or stimulation of one's self or another is not lawful expressive nude activity
D. Indecent cxpocurc is a micdem anor unlc c such person exposes himself to a
misdemeanor-,
D. Except as provided in (1) and (2) of this subsection, indecent exposure is a
misdemeanor.
(1) Indecent exposure is a gross misdemeanor on the first offense if the person
exposes himself or herself to a person under the age of fourteen years.
al Indecent exposure is a class C felony if the person has previously been
convicted under this section or of a sex offense as defined in RCW 9.94A.030."
Section 2 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, signed and approved this 61-h day of July,
2004 ,
62:.0.) P •
Paul P George, Mayor
ATTEST
B g
City Clerk
Publication Date 7 -9 -2004
Effective Date 8 -8 -2004
(Ik) ord indecent exposure.mbs
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No
For Meeting of July 6, 2004
ITEM TITLE Consideration of an ordinance relating to public safety and morals,
conforming City of Yakima Municipal Code with a recent change in the
state statute making a second conviction for the crime of Indecent
Exposure a Class C Felony, amending section 6 55 020(D) of the City
of Yakima Municipal Code
SUBMITTED BY Mary Bridget Smith, Assistant City Attorney
CONTACT PERSON/TELEPHONE Mary Bridget Smith, 575 -6033
SUMMARY EXPLANATION This proposed amendment to the City of Yakima
Municipal Code would conform the Municipal Code with a recent change in the state
statute for the crime of Indecent Exposure A second conviction for Indecent Exposure
would be a Class C felony regardless of the age of the victim The change in this
ordinance would have no impact on the City budget.
Resolution Ordinance X Other (Specify)
Contract Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTAL f—s City Manager
STAFF RECOMMENDATION Pass ordinance
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION
Ordinance passed. ORDINANCE NO. 2004-38.
(Ik) agenda indecent exposure .mbs