A. Public Indecency:
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 section 5-3-1 of this chapter; or
b. A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person.
2. "Public place", for purposes of this subsection, means any place where the conduct may reasonably be expected to be viewed by others.
B. Prostitution:
1. Defined: Any person who performs, offers or agrees to perform any act of "sexual penetration" as defined in section 5-3-1 of this chapter, for money, or any touching or fondling of the sex organs of one person by another person, for money or anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution.
2. Soliciting For A Prostitute: Any person who performs any of the following acts commits soliciting for a prostitute:
a. Solicits another for the purpose of prostitution; or
b. Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or
c. Directs another to a place knowing such direction is for the purpose of prostitution.
3. Keeping A Place Of Prostitution: Any person who has or exercises control over the use of any place which could offer seclusion or shelter for the practice of prostitution who performs any of the following acts keeps a place of prostitution:
a. Knowingly grants or permits the use of such place for the purpose of prostitution; or
b. Grants or permits the use of such place under circumstances from which he could reasonably know that the place is used or is to be used for purposes of prostitution; or
c. Permits the continued use of a place after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of prostitution.
4. Pimping: Any person who receives money or other property from a prostitute, not for a lawful consideration, knowing it was earned in whole or in part from the practice of prostitution, commits pimping.
5. Juvenile Pimping:
a. Any person who receives money or other property from a prostitute under sixteen (16) years of age or from a prostitute who is an institutionalized severely or profoundly mentally retarded person, not for a lawful consideration, knowing it was earned in whole or in part from the practice of prostitution, commits juvenile pimping.
b. It is an affirmative defense to a charge of juvenile pimping that the accused reasonably believed the person was of the age of sixteen (16) years or over or was not an institutionalized severely or profoundly mentally retarded person at the time of the act giving rise to the charge.
C. Obscenity; Elements Of The Offense: A person commits obscenity when, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he:
1. Sells, delivers or provides, or offers or agrees to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene; or
2. Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene; or
3. Publishes, exhibits or otherwise makes available anything obscene; or
4. Performs an obscene act or otherwise presents an obscene exhibition of his body for gain; or
5. Creates, buys, procures or possesses obscene matter or material with intent to disseminate it in violation of this subsection C, or of the penal laws or regulations of any other jurisdiction; or
6. Advertises or otherwise promotes the sale of material represented or held out by him to be obscene, whether or not it is obscene.
D. Harmful Materials:
1. Elements Of The Offense: A person who, with the knowledge that a person is a child, that is, a person under eighteen (18) years of age, who fails to exercise reasonable care in ascertaining the true age of a child, knowingly distributes to or sends or causes to be sent to, or exhibits to, or offers to distribute or exhibit any harmful material to a child, is guilty of this offense.
2. Definitions:
DISTRIBUTE: To transfer possession of, whether with or without consideration.
KNOWINGLY: As used in this subsection D, means having knowledge of the contents of the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents thereof.
MATERIAL: A. Material is harmful if, to the average person, applying contemporary standards, its predominant appeal, taken as a whole, is to prurient interest, that is a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation or such matters, and is material the redeeming social importance of which is substantially less than its prurient appeal.
B. "Material", as used in this subsection, means any writing, picture, record or other representation or embodiment.
3. Interpretation Of Evidence:
a. The predominant appeal to prurient interest of the material shall be judged with reference to average children of the same general age of the child to whom such material was offered, distributed, sent or exhibited, unless it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for specially susceptible groups, in which case the predominant appeal of the material shall be judged with reference to its intended or probable recipient group.
b. In prosecutions under this subsection D, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate the material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the material and can justify the conclusion that the redeeming social importance of the material is in fact substantially less than its prurient appeal.
4. Affirmative Defenses:
a. Nothing in this subsection D shall prohibit any public library or any library operated by an accredited institution of higher education from circulating harmful material to any person under eighteen (18) years of age, providing such circulation is in aid of a legitimate scientific or educational purpose, and it shall be an affirmative defense in any prosecution of a violation of this subsection D that the act charged was committed in aid or legitimate scientific or educational purposes.
b. Nothing in this subsection D shall prohibit any parent from distributing to his child any harmful material.
c. Proof that the defendant demanded, was shown and acted in reliance upon any of the following documents as proof of the age of a child, shall be a defense to any criminal prosecution under this subsection D: a document issued by the federal government or any state, county or municipal government or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the federal selective service act or an identification card issued to a member of the armed forces.
5. Child Falsifying Age: Any person under eighteen (18) years of age who falsely states, either orally or in writing, that he is not under the age of eighteen (18) years, or who presents or offers to any person any evidence of age or identity which is false or not actually his own for the purpose of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material shall likewise be guilty under this subsection D. (Ord. 860, 4-12-1995)