A. Disorderly Houses:
1. For the purpose of this subsection, "disorderly house" means any building or place kept or maintained for the exclusive or nonexclusive purpose of carrying on or promoting:
a. Prostitution;
b. Illegal gambling;
c. Fighting;
d. Sale, consumption or disposition of liquor or controlled substances, contrary to law; or
e. Any other illegal activity.
2. It is hereby declared to be illegal for a person to establish, maintain or aid in the establishment or maintenance of a "disorderly house", as defined above.
B. Public Indecency:
1. For the purposes of this subsection, the following definitions shall apply:
INTIMATE PARTS: The external genitalia, perineum, anus or pubes of any person or the breast of a female person.
SEXUAL CONTACT: Touching, with the intention of sexual arousal, gratification or abuse, of the victim's intimate parts by the actor, or of the actor's intimate parts by the victim, or of the clothing covering the immediate area of the victim's or actor's intimate parts.
SEXUAL INTRUSION: a. Any intrusion, however slight, by any object or any part of a person's body, except the mouth, tongue or penis, into the genital or anal opening of another person's body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification or abuse; or
b. Sexual intercourse, cunnilingus, fellatio, anilingus or anal intercourse with or without emission.
2. A person is guilty of public indecency if, while in a public place where he may reasonably be expected to be viewed by others, he:
a. Performs an act of sexual intrusion;
b. Exposes his intimate parts with the intent of arousing the sexual desire of himself or of another person; or
c. Engages in sexual contact, with or without consent, with the intent of arousing the sexual desire of himself or of another person.
C. Obscene Literature And Similar Materials:
1. As used in this subsection, "obscene" means that which, to the average person applying contemporary community standards, has as its dominant theme taken as a whole, an appeal to prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion and that it lacks serious literary, artistic, political or scientific value.
2. It is unlawful for any person to have in his possession, for sale or otherwise, any obscene writing, book, pamphlet, picture, photograph, drawing, figure, motion picture film, phonograph recording, wire recording or transcription of any kind in, but not limited to, any of the places hereinafter enumerated, if the person knows the article is obscene or is in possession of facts from which he should reasonably know the article is obscene:
a. In any school, school grounds, public park or playground or in any public place, grounds, street or way within three hundred (300) yards of any school, school grounds, public park or playground;
b. In any place of business where ice cream, soft drinks, candy, food, school supplies, magazines, books, pamphlets, pictures or postcards are sold or kept for sale;
c. In any toilet or restroom open to the public;
d. In any poolroom or billiard parlor or in any place where alcoholic liquor is sold or offered for sale to the public;
e. In any place where phonograph records, photographs, motion pictures or transcriptions of any kind are made, used, maintained, sold or exhibited.
3. No person shall, as a condition to a sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication, require that the purchaser or consignee receive for resale any other article, book or other publication reasonably believed by the purchaser or consignee to be obscene, nor shall any person deny or threaten to impose any penalty, financial or otherwise, by reason of the failure of any person to accept such articles, books or publications or by reason of the return thereof. (1999 Code)
Notes
| 1 | 1. W.S. § 6-4-301. |