6.72.010 Prohibited.
There shall be created and adopted a gross misdemeanor of lewd conduct in the city of Selah defined as follows:
(a) It is unlawful for any person to willfully perform a lewd act, as hereinafter defined, in a public place or at a place and under circumstances where such act may be observed by any member of the public when such act, or the simulation thereof, is done for the purpose of obtaining or giving of sexual gratification or stimulation.
(b) As used in this section, lewd act means:
(1) The touching, caressing, or fondling of the genitals of any person by that person or by another; the touching, caressing, or fondling of a female breast or breasts by that female or by another person; or
(2) Sexual intercourse involving two or more persons, regardless of their sex, or any act of sexual conduct between persons involving the sex organs of one person and the mouth or anus of another; or
(3) Masturbation, manual or instrumental; or
(4) Penetration of the vagina or rectum by any object.
(c) This section shall not be construed to prohibit lawful:
(1) Plays, operas, musicals, singing performances, comedians' routines, or any other dramatic or performance works; or
(2) Classes, seminars, and lectures held for serious scientific or educational purposes; or
(3) Exhibitions or dances which constitute expressive nude activity; or
(4) Political expression.
(d) Penalty. A violation of this section shall be punishable by a maximum of three hundred sixty-five days in jail and/or five thousand dollar fine.
(e) Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 1366,, 1997.)