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The following is an excerpt from the Chapter 11.16 Offenses Against Public Decency of the Title 11 Public Peace, Morals and Welfare ordinance of the City Code for Salt Lake City UT. It is by no means a complete list.

11.16.010 Definitions

11.16.020 Sexual intercourse and sex acts for hire

11.16.030 House of prostitution

11.16.040 Placing person in house of prostitution-Penalty

11.16.050 Aiding prostitution

11.16.060 Soliciting for immoral purposes

11.16.070 Disorderly houses deemed public nuisances

11.16.080 Obscene conduct in places of business-License suspension or revocation

11.16.090 Obscene or lewd acts-Acts involving hard-core pornography

11.16.100 Urinating in public and other disorderly conduct

11.16.110 Judge or jury to act as sole trier

11.16.120 Exemptions from chapter applicability

11.16.010 Definitions:

As used in this chapter, unless the context requires otherwise:

A. "Advertising purposes" means purposes of propagandizing in connection with the commercial sale of a product or type of product, the commercial offering of a service, or the commercial exhibition of an entertainment.

B. "Displays publicly" means the exposing, placing, posting, exhibiting or in any fashion displaying in any location, whether public or private, an item in a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public thoroughfare, depot or vehicle.

C. "Distribute" means to transfer possession of or permit to be viewed, heard or examined, with or without consideration.

D. "Furnishes" means to sell, give, rent, loan or otherwise provide.

E. "Knowingly" means to have actual or constructive knowledge of the contents of the subject matter. A person has constructive knowledge if a reasonable inspection under the circumstances would have disclosed the nature of the subject matter and if the failure to inspect is for the purpose of avoiding such disclosure.

F. "Lewd sex act" means, but is not limited to, any act of fellatio, cunnilingus, pederasty or bestiality.

G. "House of prostitution" means any place, including, but not limited to, a house, an apartment or hotel room, regularly resorted to for the purpose of prostitution.

H. "Nudity" means uncovered, or less than opaquely covered, human genitals, pubic areas, the human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if any portion of the nipple and/or the areola is uncovered.

I. "Obscene" means an act, depiction, representation, description, performance, or any other item, material or conduct in this chapter described, whether actual or simulated in form, which:

1. Taken as a whole, the average person would find appeals to the prurient interest when applying contemporary community standards, and

2. Depicts, describes or portrays "sexual conduct", as defined in subsection P of this section, in a patently offensive way; and

3. Taken as a whole, lacks serious literary, artistic, political or scientific value.

J. "Obscene performance" means a play, motion picture, dance, show or other presentation, whether pictured, animated or live, performed before an audience, and which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sado-masochistic abuse, or which includes obscenities or explicit verbal description or narrative accounts of sexual conduct.

K. "Obscenities" means those slang words currently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning.

L. "Person" is not to be limited to individuals only, but means and shall include public and private corporations, firms, joint associations, partnerships and the like. The word "person" as used herein applies to a natural person and shall apply equally to the male and female genders.

M. "Place open for public view" means an area capable of use or observance by persons from the general community, where an expectation for privacy for the activity engaged in by individuals is not reasonably justified.

N. "Prostitution" means engaging in sexual conduct for hire.

O. "Sadomasochistic abuse" means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

P. "Sexual conduct" means human masturbation, sexual intercourse, or any touching of the covered or uncovered genitals, human female breast, pubic areas or buttocks of the human male or female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification, which term shall include, but not be limited to fellatio, cunnilingus, pederasty and bestiality.

Q. "Sexual excitement" means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity.

R. "Wilfully" means simply a purpose or willingness to commit the act or to omit an act required herein. (Ord. 88-86 § 60 (part), 1986: prior code § 32-2-10.1)

 

11.16.020 Sexual intercourse and sex acts for hire.

A. It is unlawful for any person to:

1. Commit or offer or agree to commit a sex act for hire;

2. Pay or offer or agree to pay another person to commit a sex act or an act of sexual intercourse for hire;

3. Secure or offer another person for the purpose of committing a sex act or an act of sexual intercourse for hire;

4. Induce, entice or procure, or attempt to induce, entice or procure another person to commit a sex act for hire or an act of sexual intercourse for hire;

5. Make any meretricious display in or near any public place, any place frequented by the public, or any place open to the public view;

6. Knowingly transport any person to any place for the purpose of committing a sex act or an act of sexual intercourse for hire;

7. Knowingly transport any person to any place for the purpose of offering or agreeing to pay another person to commit a sex act or an act of sexual intercourse;

8. Knowingly receive, or offer or agree to receive any person into any place or building for the purpose of performing a sex act or an act of sexual intercourse for hire or knowingly permit any person to remain in any place or building for any such purpose;

9. Direct or offer to direct any person to any place or building for the purpose of committing any sex act or act of sexual intercourse for hire;

10. Aid, abet, allow, permit or participate in the commission of any of the acts prohibited in subsections A1 through A9 of this section.

B. Definitions as used in this section: "Sex act" shall include, but not be limited to, any act of fellatio, cunnilingus, pederasty or bestiality, or masturbation, or any act intended to provide sexual gratification or excitement.

C. Any person violating the provisions of any of this section shall be deemed guilty of a Class B misdemeanor and punished as allowed by state law. (Ord. 23-89 § 1, 1989; Ord. 60-87 § 1, 1987: Ord. 88-86 § 60 (part), 1986: prior code § 32-2-1)

 

11.16.030 House of prostitution.

It is unlawful for any person:

A. To keep, maintain or permit to be maintained upon or in any property owned, occupied or leased by or to such persons, any house of prostitution;

B. To keep, maintain or permit to be kept maintained upon or in any building, place or structure, resorted to or used in whole or in part for purposes of prostitution;

C. To resort to, or reside in any place mentioned in this section for the purpose of performing or obtaining sexual conduct for hire;

D. To keep a house of prostitution;

E. To have control of any building or tenement as owner, agent, guardian or lessee of such owner, after written notice to such owner, agent, guardian or lessee that such building or tenement is being used as a house of prostitution;

F. To rent any building or tenement, knowing that the lessee intends using the same, or any part thereof, for the purpose of providing a house of prostitution. (Ord. 88-86 § 60 (part), 1986: prior code § 32-2-7)

 

11.16.040 Placing person in house of prostitution-Penalty.

A. It is unlawful for any person to:

1. Place a person in the charge or custody of another person for purposes of prostitution, or in a house of prostitution, with intent that such person shall engage in prostitution, or who shall compel any person to reside with him or her or with any other person for purposes of prostitution, or shall compel any such person to reside in a house of prostitution or to live as a prostitute; or

2. Ask or receive any compensation, gratuity or reward, or promise thereof, for or on account of placing in a house of prostitution or elsewhere any person for the purpose of causing such person to cohabit with any person or persons of the opposite sex to whom he or she is not legally married; or

3. Give, offer or promise any compensation, gratuity or reward, to procure any person for the purpose of placing him/her for immoral purposes in any house of prostitution, or elsewhere, against his/her will; or

4. Being married to any person, or being the parent, guardian or other person having legal charge of a person under the age of eighteen years, shall connive at, consent to or permit him/her being or remaining in any house of prostitution or living as a prostitute; or

5. Live with or accept any earnings of a prostitute, or entice or solicit any person to go to a house of prostitution to engage in any sexual conduct with a prostitute; or

6. Entice, procure or in any manner or way induce any person to become a prostitute or to become an inmate of a house of ill fame or prostitution, for purposes of prostitution, or for purposes of employment, or for any purpose whatever, when he/she does not know that the house is one of prostitution; or

7. Decoy, entice, procure or in any manner or way seduce any person under the age of twenty-one years to go into or visit, upon any pretext or for any purpose whatever, any house of ill fame or prostitution, or any room or place used for purposes of prostitution.

B. Any person who violates the provisions of subsection A of this section shall be punished:

1. Where physical force or the immediate threat of such force is used upon the person, be guilty of a Class B misdemeanor;

2. When no physical force nor the immediate threat of such force is used, be guilty of a Class C misdemeanor. (Ord. 88-86 § 60 (part), 1986: prior code § 32-2-3)

 

11.16.050 Aiding prostitution.

A. A person is guilty of aiding prostitution if he/she:

1. Solicits a person to patronize a prostitute; or

2. Procures or attempts to procure a prostitute for a patron; or

3. Leases or otherwise permits a place controlled by the actor, alone or in association with another, to be used for prostitution or the promotion of prostitution; or

4. Solicits, receives or agrees to receive any benefit for doing any of the acts prohibited by this subsection.

B. Aiding prostitution is a Class B misdemeanor. (Ord. 88-86 § 60 (part), 1986: prior code § 32-2-4)

 

11.16.060 Soliciting for immoral purposes.

A. It is unlawful for any person to engage in any conduct within view of any public place for the purpose of or with the intent of inducing, enticing, soliciting or procuring another to engage in sexual conduct for hire.

B. Soliciting for immoral purposes is a Class B misdemeanor. (Ord. 57-96 § 1, 1996: Ord. 88-86 § 60 (part), 1986: prior code § 32-2-13)

 

11.16.070 Disorderly houses deemed public nuisances.

A. All bawdy and other disorderly houses, houses of ill-fame, assignation houses, and houses kept by, maintained for, or resorted to, or used by one or more persons for lewdness or prostitution within the limits of the city, or within three miles of the outer boundaries thereof, are declared to be public nuisances.

B. It is unlawful for any person to keep, maintain or to contribute in any manner to the keeping or maintenance of a public nuisance. (Ord. 88-86 § 60 (part), 1986: prior code § 32-2-8)

 

11.16.080 Obscene conduct in places of business-License suspension or revocation.

A. It is unlawful for any owner, operator, manager or lessee, or any agent, partner, associate or employee of such owner, operator, manager or lessee of any place of business, the business of which is licensed and regulated by the city, to allow or permit an entertainer, employee, patron or any other person to appear in or on said place of business naked, or in indecent attire or lewd dress, except in such businesses licensed as nude entertainment businesses pursuant to the sexually oriented business license ordinance codified at Chapter 5.61, or to make any obscene exposure of his or her person.

B. Licenses may be suspended or revoked by the mayor for violation on licensed premises of any of the provisions of this section. (Ord. 21-88 § 7, 1988; prior code § 32-2-11)

 

11.16.090 Obscene or lewd acts-Acts involving hard-core pornography.

A. It is unlawful for any person wilfully or knowingly either to:

1. Associate in a lewd, lascivious or obscene manner with any person, whether married or unmarried, to engage in open and gross lewdness, lascivious or obscene conduct, or to make any open, public, indecent or obscene exposure of his or her private parts, or the person or private parts of another; or

2. Procure, counsel or assist any person:

a. To act in a lewd or obscene manner,

b. To engage in obscene sexual conduct, an obscene performance or obscene sado-masochistic abuse, or

c. To make any indecent exposure of his or her own or any other person's private parts; or

3. Import, write, compose, stereotype, print, design, copy, draw, paint, or otherwise prepare, publish, sell, offer for sale, display, exhibit by machine or otherwise or distribute or furnish any writing, paper, book, picture, drawing, magazine, pamphlet, print, design, figure, still or motion picture, photograph or negative thereof, photocopy, engraving, sound recording, card, instrument or other such article which depicts or represents or describes obscene sexual conduct, an obscene performance, obscenities or obscene sado-masochistic abuse, with the intent to distribute the same;

4. Buy, procure, receive or have in his or her possession any such writing, paper, book, picture, drawing, magazine, pamphlet, print, design, figure still or motion picture, photograph or negative thereof, photocopy, engraving, sound recording, card, instrument or other article which depicts or represents or describes obscene sexual conduct, an obscene performance, obscenities, or obscene sado-masochistic abuse, with the intent to distribute the same; or

5. Write, compose or publish, display publicly or permit to be displayed any notice or advertisement for any writing, paper, book, picture, drawing, magazine, pamphlet, print, design, figure, still or motion picture, photograph or negative thereof, photocopy, engraving, sound recording, card, instrument or other article which depicts or represents or describes obscene sexual conduct, an obscene performance, or obscene sado-masochistic abuse or any obscenities for advertising purposes; or

6. Require as a condition to a sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical, publication or other merchandise, that the purchaser or consignee receive any material, which material is obscene or is believed by the purchaser or consignee to be obscene, or to deny or threaten to deny a franchise or license, or revoke or threaten to revoke, or impose any penalty, financial or otherwise, by reason of the failure or refusal of such purchaser or consignee to accept such material or to do such acts by reason of the return of such material. (Ord. 88-86 § 60 (part), 1986: prior code § 32-2-10)

 

11.16.100 Urinating in public and other disorderly conduct.

It is unlawful for any person, while in a place open to public view, to wilfully:

A. Urinate or stool;

B. Engage in sexual conduct, alone or with another person or an animal;

C. Make an intentional exposure of his or her genitals, pubic area, buttocks or any portion of the areola and/or nipple of the female breast;

D. Exhibit the private parts of any horse, bull or other animal in a state of sexual stimulation, or to exhibit such animals in the act of sexual copulation. (Ord. 88-86 § 60 (part), 1986: prior code § 32-2-5)

 

11.16.110 Judge or jury to act as sole trier.

The judge or the jury shall be the sole trier of what is obscene. (Prior code § 32-2-10.3)

 

11.16.120 Exemptions from chapter applicability.

This chapter shall not apply to persons who may possess and distribute obscene material or participate in the other conduct which is proscribed, when such possession, distribution or participation occurs in the course of bona fide educational, artistic, scientific, medical or comparable research or study or in the course of law enforcement activities or in other like circumstances where the nature of possession, distribution or participation is not related to the appeal to prurient interest; in addition, nothing in this chapter shall apply to any recognized historical society or museum, the state law library, any county or city or town law library, the state library, the public library, any library of any college or university, or to any archive or library under the supervision and control of the state, county, municipality or other political subdivision, or to any similar organization or institution of the same class. (Prior code § 32-2-10.2)

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