(A) A person commits the crime of public indecency if a person knowingly or intentionally, in a public place:
(1) Engages in a sexual act.
(2) Engages in indecent exposure in the second degree as defined by AS 11.41.460.
(3) Appears in a state of nudity.
(4) Fondles the genitals of himself, herself or another person, or
(5) Openly urinates or defecates in an undesignated area with reckless disregard for the offensive or insulting effect the act may have upon another person.
(B) "Nudity" means the showing of the human male or female genitals, pubic hair or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.
(C) "Sexual Act" means sexual penetration or sexual contact as defined in AS 11.41.470(6).
(D) "Public Place" includes all outdoor places owned by or open to the general public, and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied.
(E) "Designated Area" for purposes of this section, shall include any posted, signed or unsigned restroom facility, outhouse or other area or place designed or otherwise advertised for its intended use.
(F) The prohibition set forth in Subsection (A) shall not apply to:
(1) Any child under ten years of age; or
(2) Any woman exposing a breast in the process of breast-feeding a child in a public location.
(3) Any person appearing in a state of nudity to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who are participating in a life drawing or similar class, provided that the class is held in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one nude or semi-nude model is on the premises at any one time.
(Ord. No. 2002-02, passed 2-19-02; Am. Ord. 2004-12, passed 6-22-02)