Crimes against Public Decency

(3)01. Lewd Or Dissolute Conduct In Public

• A person who solicits anyone to engage in inappropriate sexual or sexually suggestive conduct in any public place or in any place open to the public or exposed to public view.

• A person who engages in inappropriate sexual or sexually suggestive conduct in any public place or in any place open to the public or exposed to public view.

• A person who solicits sexual activity in a public place or any place open to public view.

- Penal Code (3)01 is a misdemeanor punishable by no more than 15 months imprisonment and no more than a fine of $75. This falls under Officer Discretion.

NOTES:

Lewd or Dissolute Conduct refers to actions that are not necessarily Indecent Exposure, but can presumably involve or lead to Indecent Exposure. Suggestive motions or gestures in bathroom stalls or other areas that are considered indecent but not naked or involve genitalia is Lewd Or Dissolute Conduct.

(3)02. Indecent Exposure (Public Indecency)

• A person who intentionally exposes their naked body or genitalia on public property or in the public area of a privately owned business. (exemption for native tribesmen, and in that case they must be covering their lower genitals)

• A person who intentionally exposes their naked body or genitalia on private property without permission of the property owner.

- Penal Code(3)02 is a misdemeanor punishable by no more than 5 months imprisonment and no more than 10$ in fines. This falls under Officer Discretion.

NOTES:

Private parties / reservations in public areas are considered public events that can be restricted and therefore permit naked bodies. It is when it is in a public area or exposed to children that it is indecent exposure.

(3)02.a Public Urination

• Any person who urinates in a public place not designated for urinating.

- Penal Code(3)02 is a misdemeanor punishable by no more than 25$ in fines. This falls under Officer Discretion.

(3)03. Prostitution

• A person who knowingly engages in a sexual act in return for payment, goods, services or other items of value.

- Penal Code (3)03 is a felony punishable by a maximum of 25 months imprisonment and no more than $169 in fines. This falls under Officer Discretion.

NOTES:

Anyone who cannot be proven to commit prostitution may charged with Indecent Exposure or Lewd or Dissolute Conduct depending on the circumstances.

The individual(s) performing the sexual acts in return for money, goods, services or other items of value are to be charged with prostitution.

(3)04. Solicitation of Prostitution

• A person who offers payment, goods, services or other items of value to an individual in exchange for sexual acts.

- Penal Code (3)04 is a felony punishable by a maximum of 25 months imprisonment and no more than $169 in fines. This falls under Officer Discretion.

NOTES:

Anyone who cannot be proven to commit prostitution may charged with Indecent Exposure or Lewd or Dissolute Conduct depending on the circumstances.

The individual(s) paying another person(s) money, goods, services or other items of value in exchange for a sexual act are to be charged with Solicitation of Prostitution.

(3)05. Pandering / Pimping

• A person who solicits or advertises, aids or provides transport or supervises persons involved in prostitution and retains some or all of the money earned.

- Penal Code (3)05 is a felony punishable by a maximum of 45 months imprisonment and no more than $369 in fines. This falls under Officer Discretion.

(3)06. Stalking

• A person who intentionally and maliciously follows or harasses another person who has made it known that they do not consent to such following or harassment,

• A person who violates an official restraining order issued by a court.

- Penal Code (3)6 is a felony punishable by a maximum of 25 months imprisonment and no more than $250 in fines. This falls under Officer Discretion.