(A) A person commits public indecency when that person knowingly, or intentionally, in a public place:
(1) Engages in sexual intercourse;
(2) Engages in sexually explicit conduct as defined by state law, for example, UCA § 76-56-103 or other related statute;
(3) Appears in a state of nudity; or
(4) Fondles the genitals of himself, herself, or another person.
(B) NUDITY, for the purposes of this section, means the showing of the human male or female genitalia, 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) 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.
(D) The prohibition set forth in division (A)(3) above shall not apply to:
(1) Any child under ten years of age; or
(2) Any individual exposing a breast in the process of breastfeeding an infant under two years of age.
(Prior Code, § 6.02.100) (Ord. 8-2000, passed 5-17-2000) Penalty, see § 131.99