A. Definitions: For the purpose of this section, the following terms shall have the meanings ascribed to them in this subsection:
NUDITY: The showing of the human male or female genitals, pubic area, female breast with less than a full opaque covering of any part of the nipple, the covered male genitals in a discernibly turgid state or that portion of the buttocks which would be covered by a properly worn "thong" type bikini bottom.
PUBLIC PLACE: Any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. "Public places" include, but are not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether for profit or not for profit and whether to the public at large or where entrance is limited by a cover charge or membership requirement), hotels, motels, restaurants, nightclubs, country clubs, cabarets, and meeting facilities utilized by religious, social, fraternal or similar organizations. Premises used solely as a private residence, whether permanent or temporary in nature, shall not be deemed a "public place". "Public place" shall not include enclosed, single sex public restrooms, enclosed, single sex functional showers, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctors' offices, churches, synagogues or similar places when used for circumcisions, baptisms or similar religious ceremonies, portions of hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home; nor shall the term include a person appearing in a state of nudity in a modeling class operated by: 1) a proprietary school licensed by the state; a college, junior college, or university supported entirely or partly by taxation; or 2) a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation or an accredited private college. (1965 Code § 9-16-2)
B. Acts Of Public Indecency; Exemption:
1. Any person of the age of seventeen (17) years and upwards who performs any of the following acts in a public place commits a public indecency:
a. An act of "sexual penetration" or "sexual conduct" as defined in 720 Illinois Compiled Statutes 5/12-12; or
b. A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person.
2. Breast feeding of infants is not an act of public indecency. (1965 Code § 9-16-1; amd. 2009 Code)
C. Nuisance Declared: A person who knowingly or intentionally encourages or facilitates another person's commission of the offense of public indecency shall be deemed to have committed a public nuisance. (1965 Code § 9-16-4)
D. Interpretation:
1. This section is patterned after and shall be interpreted in the same manner as the Indiana public indecency statute upheld by the United States supreme court in Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S. Ct. 2456 (1991).
2. The definition of "public place" set forth in subsection A of this section shall be interpreted to be no more broad than the definition of "public place" set forth in 720 Illinois Compiled Statutes 5/11-9 (formerly Illinois Revised Statutes, chapter 38, section 11-9) as upheld by the Illinois supreme court in People v. Garrison, 82 Ill. 2d 444, 412 N.D. 2d 483 (1980). (1965 Code § 9-16-5)
E. Violation; Penalty: A person convicted of the offense of public indecency shall be fined not less than seven hundred fifty dollars ($750.00) for each offense and may be enjoined from continuing the conduct determined to be public indecency. (1965 Code § 9-16-3)