(A) A person knowingly or intentionally commits a public indecency in a public place if he or she:
(1) Engages in sexual intercourse;
(2) Engages in deviate sexual conduct;
(3) Appears in a state of nudity; or
(4) Fondles the genitals of himself, herself or another person.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NUDITY. The exposure of male or female genitals, pubic area, female breasts with less than a full opaque covering the nipples thereof, human male genitals in a discernibly turgid state even if completely and opaquely covered, or that portion of the buttocks which would be covered by a properly worn “thong” type bikini bottom.
PUBLIC PLACE.
(a) 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, pools, business and commercial establishments (whether for-profit or not-for-profit and whether open to the public at large or where entrance is limited by a coverage charge or membership requirement), hotels, motels, restaurants, nightclubs, country clubs, cabarets and meeting facilities utilized by social, fraternal or similar organizations. Premises used solely as a private residence, whether permanent or temporary in routine, shall not be deemed a
PUBLIC PLACE. PUBLIC PLACES 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 or similar places in which nudity or exposure is necessarily and customarily expected outside of the home; nor shall it 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 a university supported entirely or partly by taxation or an accredited private college.
(b) The definition of
PUBLIC PLACE set forth above shall be interpreted to be no more broad than the definition of “public place” set forth in ILCS Ch. 720, Act 5, § 11-30 (formerly Ill. Rev. Stat. Ch. 38, § 11-9) as upheld by the Illinois Supreme Court in People v. Garrison. 82 Ill.2d 444, 412 N.E.2d 483 (1980).
(C) This section is patterned after and shall be interpreted in the same manner as the Indiana Public Indecency Statute held Constitutional by the United States Supreme Court in Barnes v. Glen Theatre, Inc. 501 U.S. 560, 111 S.Ct. 2456 (1991).
(Prior Code, § 134.01) (Ord. passed 95-8, passed 10-2-1995) Penalty, see § 130.99
Statutory reference:
Related provisions, see ILCS Ch. 720, Act 5, § 11-20