S.B. 244

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PUBLIC NUDITY PROHIBITION
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Craig L. Taylor
5 AN ACT RELATING TO CRIMINAL CODE; PROVIDING DEFINITIONS; MODIFYING THE
6 ELEMENTS OF LEWDNESS AND GROSS LEWDNESS; AND MAKING TECHNICAL
7 CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 76-9-702, as last amended by Chapter 137, Laws of Utah 1996
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 76-9-702 is amended to read:
13 76-9-702. Lewdness -- Gross lewdness.
14 (1) For purposes of this section:
15 (a) "Nudity" means the showing of:
16 (i) the human male or female genitals, pubic area, or buttocks with less than a fully opaque
17 covering;
18 (ii) the female breast with less than a fully opaque covering of any portion of the breast
19 below the top of the nipple; or
20 (iii) covered male genitals in a discernibly turgid state;
21 (b) "Public place" means the same as defined in Section 76-10-1201.
22 (2) (a) A person is guilty of lewdness if the person under circumstances not amounting to
23 rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, or an attempt
24 to commit any of these offenses, performs an act of sexual intercourse or sodomy, [exposes his or
25 her genitals or private parts,] appears in a state of nudity, masturbates, engages in trespassory
26 voyeurism, or performs any other act of lewdness:
27 (i) knowingly or intentionally in a public place; or

1 (ii) under circumstances which the person should know will likely cause affront or alarm
2 to, on, or in the presence of another who is 14 years of age or older.
3 [(2)] (b) Lewdness is a class B misdemeanor.
4 (3) (a) A person is guilty of gross lewdness if the person under circumstances not
5 amounting to rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy
6 upon a child, forcible sexual abuse, sexual abuse of a child, aggravated sexual abuse of a child,
7 aggravated sexual assault, or an attempt to commit any of these offenses intentionally touches,
8 whether or not through clothing, the anus, buttocks, or any part of the genitals of another person,
9 or the breast of a female, and the actor's conduct is under circumstances the person knows or
10 should know will likely cause affront or alarm to the person touched.
11 [(4)] (b) Gross lewdness is a class A misdemeanor.
12 [(5)] (4) A woman's breast feeding, including breast feeding in any location where the
13 woman otherwise may rightfully be, does not under any circumstance constitute a lewd or grossly
14 lewd act, irrespective of whether or not the breast is covered during or incidental to feeding.




Legislative Review Note
as of 2-3-97 4:51 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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