ARTICLE VIII OFFENSES CONCERNING PROSTITUTION AND MORALS

Section 215.430.  Article Definitions.

As used in this Article, the following terms mean: 

PATRONIZING PROSTITUTION — A person patronizes prostitution if:  

1.      Pursuant to a prior understanding, he/she gives something of value to another person as compensation for that person or a third (3rd) person having engaged in sexual conduct with him/her or with another;  

2.      He/she gives or agrees to give something of value to another person on an understanding that in return therefor that person or a third (3rd) person will engage in sexual conduct with him/her or with another; or  

3.      He/she solicits or requests another person to engage in sexual conduct with him/her or with another, or to secure a third (3rd) person to engage in sexual conduct with him/her or with another, in return for something of value.    

PROSTITUTION — A person commits prostitution if he/she engages or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by the person or by a third (3rd) person.  

SEXUAL CONDUCT — Occurs when there is:  

1.      Sexual intercourse. Any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.  

2.      Deviate sexual intercourse.  Any sexual act involving the genitals of one (1) person and the mouth, hand, tongue or anus of another person.  

3.      Sexual contact.  Any touching, manual or otherwise, of the anus or genitals of one (1) person by another, done for the purpose of arousing or gratifying sexual desire of either party.    

SOMETHING OF VALUE — Money or property or any token, object or article exchangeable for money or property.  

Section 215.440.  Prostitution.

A person commits the offense of prostitution if the person performs an act of prostitution. 

Section 215.450.  Patronizing Prostitution.

A person commits the offense of patronizing prostitution if he/she patronizes prostitution. 

Section 215.460.  Prostitution and Patronizing Prostitution — Sex of Parties No Defense, When. 

A.     In any prosecution for prostitution or patronizing a prostitute, the sex of the two (2) parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that: 

1.      Both persons were of the same sex; or 

2.      The person who received, agreed to receive or solicited something of value was a male and the person who gave or agreed or offered to give something of value was a female.     

Section 215.470.  Prostitution Houses Deemed Public Nuisances. 

A.     Any room, building or other structure regularly used for sexual contact for pay as defined in Section 215.430 or any unlawful prostitution activity prohibited by this Article is a public nuisance. 

B.     The City Prosecuting Attorney may, in addition to all other sanctions, prosecute a suit in equity to enjoin the nuisance. If the court finds that the owner of the room, building or structure knew or had reason to believe that the premises were being used regularly for sexual contact for pay or unlawful prostitution activity, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one (1) year. 

C.     All persons, including owners, lessees, officers, agents, inmates or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance, and they may be enjoined from engaging in any sexual contact for pay or unlawful prostitution activity anywhere within the jurisdiction of the court. 

D.     Appeals shall be allowed from the judgment of the court as in other civil actions.   

Section 215.480.  Indecent Exposure (Sexual Misconduct). [Ord. No. 432 §§1 — 2, 5-9-2011]

A person commits the offense of indecent exposure (sexual misconduct) if such person exposes his/her genitals, buttocks, and/or breasts under circumstances in which he/she knows that his/her conduct is likely to cause affront or alarm. 

Section 215.485.  Public Urination and Defecation.

No person shall urinate or defecate on any public property, except within an enclosed public restroom identified as such, or in public view on any private property within the City of Stockton. Violation of this Section is a misdemeanor.  

ARTICLE IX

Offenses Concerning Pornography

Section 215.490.  Definitions.

When used in this Article, the following terms shall have the meanings set out herein: 

FURNISH — To issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide.  

MATERIAL — Anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any recording or transcription, or any mechanical, chemical or electrical reproduction, or stored computer data, or anything which is or may be used as a means of communication. "Material" includes undeveloped photographs, molds, printing plates, stored computer data, and other latent representational objects.  

MINOR — Any person under the age of eighteen (18).  

NUDITY — The showing of post-pubertal human genitals or pubic area with less than a fully opaque covering.  

OBSCENE — Any material or performance is obscene if, taken as a whole:  

1.      Applying contemporary community standards, its predominant appeal is to prurient interest in sex;  

2.      The average person, applying contemporary community standards, would find the material depicts or describes sexual conduct in a patently offensive way; and  

3.      A reasonable person would find the material lacks serious literary, artistic, political or scientific value.    

PERFORMANCE — Any play, motion picture film, videotape, dance or exhibition performed before an audience of one (1) or more.  

PORNOGRAPHIC FOR MINORS — Any material or performance is pornographic for minors if the following apply:  

1.      The average person, applying contemporary community standards, would find that the material or performance, taken as a whole, has a tendency to cater or appeal to a prurient interest of minors;  

2.      The material or performance depicts or describes nudity, sexual conduct, sexual excitement or sadomasochistic abuse in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors; and  

3.      The material or performance, taken as a whole, lacks serious literary, artistic, political or scientific value for minors.    

PROMOTE — To manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same, by any means including a computer.  

SADOMASOCHISTIC ABUSE — Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.  

SEXUAL CONDUCT — Actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.  

SEXUAL EXCITEMENT — The condition of human male or female genitals when in a state of sexual stimulation or arousal.  

Section 215.500.  Promoting Pornography. [1] 

A.     A person commits the offense of promoting pornography for minors or obscenity if, knowing its content or character, he/she: 

1.      Promotes or possesses with the purpose to promote any obscene materials for pecuniary gain; 

2.      Produces, presents, directs or participates in any obscene performance for pecuniary gain; 

3.      Promotes or possesses with the purpose to promote any material pornographic for minors for pecuniary gain; 

4.      Produces, presents, directs or participates in any performance pornographic for minors for pecuniary gain; or 

5.      Promotes, possesses with the purpose to promote, produces, presents, directs or participates in any performance that is pornographic for minors via computer, electronic transfer, Internet or computer network if the person made the matter available to a specific individual known by the defendant to be a minor.     

Section 215.510.  Furnishing Pornographic Materials to Minors. 

A.     A person commits the offense of furnishing pornographic material to minors if, knowing its content and character, he/she: 

1.      Furnishes any material pornographic for minors knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such person is a minor; 

2.      Produces, presents, directs or participates in any performance pornographic for minors that is furnished to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance; or 

3.         Furnishes, produces, presents, directs, participates in any performance or otherwise makes available material that is pornographic for minors via computer, electronic transfer, Internet or computer network if the person made the matter available to a specific individual known by the defendant to be a minor.     


[1].  Note — Under certain circumstances this offense can be a felony under state law. 

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