RCW 9A.88.010 Indecent exposure.
(1) A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his or her person or the person of another knowing that such
conduct is likely to cause reasonable affront or alarm. The act of breastfeeding or expressing breast milk is not indecent exposure.
(2)(a) Except as provided in (b) and (c) of this subsection, indecent exposure is a misdemeanor.
(b) Indecent exposure is a gross misdemeanor on the first offense if the person
exposes himself or herself to a person under the age of fourteen years.
(c) Indecent exposure is a class C felony if the person has previously been convicted
under this section or of a sex offense as defined in RCW 9.94A.030.
[2003 c 53 § 92; 2001 c 88 § 2; 1990 c 3 § 904; 1987 c 277 § 1; 1975 1st ex.s. c 260 §9A.88.010 .]
[NAC NOTE: The state of Washington has used RCW 9A.88.010 to arrest and prosecute persons for nude sunbathing.]
Additional fee assessments.
(1)(a) In addition to penalties set forth in RCW 9A.88.010, 9A.88.030, and 9A.88.090, a person who is either convicted or given a deferred sentence or a deferred prosecution as a result of an arrest for violating RCW 9A.88.010, 9A.88.030, 9A.88.090, or comparable
county or municipal ordinances shall be assessed a fifty dollar fee.
(b) In addition to penalties set forth in RCW 9A.88.110, a person who is either convicted or given a deferred sentence or a deferred prosecution as a result of an arrest for violating RCW 9A.88.110 or a comparable county or municipal ordinance shall be
assessed a one hundred fifty dollar fee.
(c) In addition to penalties set forth in RCW 9A.88.070 and 9A.88.080, a person who is either convicted or given a deferred sentence or a deferred prosecution as a result of an arrest for violating RCW 9A.88.070, 9A.88.080, or comparable county or municipal
ordinances shall be assessed a three hundred dollar fee.
(2) The court may not suspend payment of all or part of the fee unless it finds that the person does not have the ability to pay.
(3) When a minor has been adjudicated a juvenile offender for an offense which, if committed by an adult, would constitute a violation under this chapter or comparable
county or municipal ordinances, the court shall assess the fee as specified under subsection (1) of this section. The court may not suspend payment of all or part of the
fee unless it finds that the minor does not have the ability to pay the fee.
(4) Any fee assessed under this section shall be collected by the clerk of the court and distributed each month to the state treasurer for deposit in the prostitution prevention
and intervention account under RCW 43.63A.740 for the purpose of funding
prostitution prevention and intervention activities.
Arrest without warrant.
A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A
police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer,
except as provided in subsections (1) through (10) of this section.
. . .
(7) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.
Unless the context clearly indicates otherwise, the definitions in this section apply
throughout this chapter.
(1) To “photograph” means to make a print, negative, slide, digital image, motion
picture, or videotape. A “photograph” means anything tangible or intangible produced by photographing.
(2) “Visual or printed matter” means any photograph or other material that contains a reproduction of a photograph.
(3) “Sexually explicit conduct” means actual or simulated:
(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal,
whether between persons of the same or opposite sex or between humans and animals;
(b) Penetration of the vagina or rectum by any object;
(d) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer;
(e) Exhibition of the genitals or unclothed pubic or rectal areas of any minor, or the
unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer;
(f) Defecation or urination for the purpose of sexual stimulation of the viewer; and
(g) Touching of a person’s clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer.
(4) “Minor” means any person under eighteen years of age.
(5) “Live performance” means any play, show, skit, dance, or other exhibition
performed or presented to or before an audience of one or more, with or without consideration.
[2002 c 70 § 1; 1989 c 32 § 1; 1984 c 262 § 2.]