Denver Municipal Code Chapter 38 Article V, Div. 2

DIVISION 2. – OFFENSES RELATING TO SEX

Sec. 38-156. – Definitions.

Sec. 38-157. – Public indecency.

Sec. 38-157.1. – Indecent exposure.

Sec. 38-158. – Prostitution.

Secs. 38-159, 38-160. – Reserved.

Sec. 38-161. – Bestiality.

Sec. 38-162. – Unlawful to register fictitious name in public accommodations.

Sec. 38-163. – Use of transient accommodations for purposes relating to sexual offenses.

Secs. 38-164—38-170. – Reserved.
Sec. 38-156. – Definitions.

The following words and phrases, when used in this division, shall be defined as listed below:

(1)

Anal intercourse, as used in this section, means contact between the genital organs of one (1) person and the anus of another person.

(2)

Cunnilingus, as used in this section, means any act of oral stimulation of the vulva or clitoris.

(3)

Facility means any place or thing which provides seclusion, privacy, opportunity, protection, comfort or assistance to or for a person engaging or intending to engage in prostitution.

(4)

Fellatio, as used in this section, means any act of oral stimulation of the penis.

(5)

House of prostitution means a house or place kept or resorted to for the purpose of prostitution.

(6)

Masturbation, as used in this section, means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.

(7)

Pandering means knowingly arranging or offering to arrange a situation in which a person may practice prostitution.

(8)

Prostitution means any act of sexual intercourse, including but not limited to fellatio, cunnilingus, masturbation, or anal intercourse, with any person not his/her spouse in exchange for money or other thing of value.

(9)

Spouse means persons sharing living quarters in a domestic relationship.

(Code 1950, §§ 802.8, 802.9, 802.10, 802.12, 802.13, 802.14, 802.16; Ord. No. 390-80, § 1, 8-5-80; Ord. No. 984-94, § 3, 12-5-94)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 38-157. – Public indecency.

(a)

It shall be unlawful for any person to perform an act of public indecency.

(b)

Any person commits public indecency who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public:

(1)

An act of sexual intercourse;

(2)

An act of deviate sexual intercourse;

(3)

Insertion of one (1) or more fingers or other object into the vagina or anus;

(4)

Masturbation;

(5)

Caressing or fondling of the genitals of another person;

(6)

Patently offensive representations or imitations of sexual intercourse, masturbation or excretory functions accompanied by exhibition of the genitals;

(7)

Lewd fondling or caressing of the body of another person.

(Code 1950, § 802.11)

State law reference— Public indecency, C.R.S. 1973, 18-7-301.

Sec. 38-157.1. – Indecent exposure.

(a)

It shall be unlawful for a person to commit an act of indecent exposure.

(b)

A person commits an act of indecent exposure if they knowingly expose their genitals or buttocks to the view of any person under circumstances which are likely to cause a reasonable person affront or alarm.

(Ord. No. 967-99, § 1, 12-20-99)

Sec. 38-158. – Prostitution.

(A)

It shall be unlawful for any person:

(1)

To solicit another person for the purpose of prostitution;

(2)

To arrange or offer to arrange a meeting of or to procure persons for the purpose of prostitution;

(3)

To direct another person to a place knowing such direction is for the purpose of prostitution;

(4)

Knowingly to arrange or offer to arrange a situation in which a person may practice prostitution;

(5)

To have or exercise or control the use of any facility, and:

a.

Knowingly to grant or permit the use of such facility for the purpose of prostitution; or

b.

Knowingly to permit the continued use of such facility for the purpose of prostitution, after becoming aware of facts or circumstances from which such person should reasonably know that such facility is being used for purposes of prostitution;

(6)

By word, gesture or action, to endeavor to further the practice of prostitution in any place;

(7)

To perform, offer or agree to any act of prostitution;

(8)

To enter or remain in a house of prostitution with the intent to engage in an act of prostitution.

(B)

Persons convicted of violating and persons pleading guilty or nolo contendere to violation of subsection (A) shall, in addition to any sentence of jail time, pay a fine of five hundred dollars ($500.00) for the first offense; seven hundred fifty dollars ($750.00) for the second offense within five (5) years; and nine hundred ninety-nine dollars ($999.00) for the third and subsequent offenses. No part of the minimum fine may be suspended, however, the court may order a person convicted of violating subsection (A) to perform useful public service, and credit the dollar amount earned through such public service toward payment of the minimum fine owed. The person shall be paid at the standard hourly rate for such public service as established by the rules and regulations of the court. Useful public service shall be considered work which is beneficial to the public and which involves a minimum of public cost.

(C)

The police shall immediately notify the manager of environmental health of persons charged with violations of this section, and the manager shall order a medical examination pursuant to section 24-131 of the Revised Municipal Code.

(Code 1950, § 822.1; Ord. No. 984-94, § 4, 12-5-94; Ord. No. 1110-96, § 1, 12-16-96)

State law reference— Prostitution, C.R.S. 1973, 18-7-201 et seq.

Secs. 38-159, 38-160. – Reserved.

Editor’s note—

Ord. No. 984-94, §§ 5, 6, adopted Dec. 5, 1994, repealed §§ 38-159 and 38-160, which pertained to pimping, pandering or procuring and patronizing a prostitute, and derived from §§ 822.2, 841.1-2(7) and 822.7 of the 1950 Code.

Sec. 38-161. – Bestiality.

It shall be unlawful for any person to have sexual intercourse with an animal other than a human being.

(Code 1950, § 822.6)

Sec. 38-162. – Unlawful to register fictitious name in public accommodations.

It will be unlawful for any person to write or cause to be written, or knowingly permit to be written, in any register in any hotel, motor hotel, lodging house, rooming house, or other place whatsoever where transients are accommodated, any other or different name or designation than the true name of the person so registered therein, or the name by which such person is generally known, for the purpose of committing a criminal offense.

(Code 1950, § 822.4; Ord. No. 849-91, § 1, 11-18-91)

Sec. 38-163. – Use of transient accommodations for purposes relating to sexual offenses.

It shall be unlawful for any person knowingly to permit the use of or to use any hotel, motor hotel, lodging house, rooming house, or other place whatsoever, where transients are accommodated, for the purpose of committing an offense relating to sex, as provided in this division.

(Code 1950, § 822.5; Ord. No. 847-91, § 2, 11-18-91)

Secs. 38-164—38-170. – Reserved.



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