ARTICLE. - XXVI. OFFENSES REGARDING PUBLIC DECENCY
Part of the Code of Ordinances of Minersville, UT.
The text
Sec. 14-809. - Lewdness.#
(a)
A person is guilty of lewdness if the person under circumstances not amounting to rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, sexual abuse of a minor, unlawful sexual conduct with a 16- or 17-year-old, custodial sexual relations under U.C.A. 1953, § 76-5-412, custodial sexual misconduct under U.C.A. 1953, § 76-5-412.2, custodial sexual relations with youth receiving state services under U.C.A. 1953, § 76-5-413, custodial sexual misconduct with youth receiving state services under U.C.A. 1953, § 76-5-413.2, or an attempt to commit any of these offenses, performs any of the following acts in a public place or under circumstances which the person should know will likely cause affront or alarm to, on, or in the presence of another who is 14 years of age or older:
(1)
An act of sexual intercourse or sodomy;
(2)
Exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area;
(3)
Masturbates; or
(4)
Any other act of lewdness.
(b)
(1)
A person convicted the first or second time of a violation of subsection (a) of this section is guilty of a Class B misdemeanor, except under subsection (b)(2) of this section.
(2)
A person convicted of a violation of subsection (a) of this section is guilty of a third degree felony and prosecuted under state law if at the time of the violation:
a.
The person is a sex offender as defined in U.C.A. 1953, § 77-27-21.7;
b.
The person has been previously convicted two or more times of violating subsection (a) of this section; or
c.
The person has previously been convicted of a violation of subsection (a) of this section and has also previously been convicted of a violation of U.C.A. 1953, § 76-9-702.5.
(3)
a.
For purposes of this subsection (b) and U.C.A. 1953, § 77-41-102(17), a plea of guilty or nolo contendere to a charge under this section that is held in abeyance under U.C.A. 1953, tit. 77, ch. 2a, Pleas in Abeyance, is the equivalent of a conviction.
b.
This subsection (b)(3) also applies if the charge under this subsection (b) has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
(c)
A woman's breast feeding, including breast feeding in any location where the woman otherwise may rightfully be, does not under any circumstance constitute a lewd act, irrespective of whether or not the breast is covered during or incidental to feeding.
(Code 1981, § 13-972)
Sec. 14-810. - Loitering.#
(a)
A person is guilty of loitering if he appears at a place or at a time under circumstances that warrant alarm for the safety of persons or property in the vicinity, and upon inquiry by a law enforcement official, he fails to give a reasonably credible account of his identity, conduct, or purposes.
(b)
No person shall be convicted under this section if the explanation he gave of his conduct and purposes was true and, if believed by the law enforcement official at the time, would have dispelled the alarm.
(c)
Loitering is a Class C misdemeanor.
(Code 1981, § 13-973)
Sec. 14-811. - Abuse of a dead human body.#
(a)
For purposes of this section, the term "dead human body" includes any part of a human body in any stage of decomposition, including ancient human remains as defined in U.C.A. 1953, § 9-8-302.
(b)
A person is guilty of a violation of this section if the person intentionally and unlawfully fails to report the finding of a dead human body to a local law enforcement agency.
(c)
Failure to report the finding of a dead human body as required under subsection (b) of this section is a Class B misdemeanor.
(Code 1981, § 13-974)
State Law reference— Abuse or desecration of a dead human body—U.C.A. 1953, § 76-9-704.