Benicia Municipal Code Ch. 9.08 Indecent Exposure

This chapter is adopted pursuant to Sections 318.5 and 318.6 of the Penal Code. All words used in this chapter which also are used in Sections 318.5 and 318.6 are used in the same sense and mean the same as the respective words used in Sections 318.5 and 318.6 of the Penal Code. (Added during 1980 codification).

Every female is guilty of a misdemeanor who, while participating in any live act, demonstration, or exhibition in any public place, place open to the public or place open to public view, or while serving food or drink or both to any customer:

A. Exposes any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breasts are below such straight line; or

B. Employs any device or covering, which is intended to stimulate such portions of the breast; or

C. Wears any type of clothing so that any portion of such part of the breast may be observed. (Added during 1980 codification).

Every person is guilty of a misdemeanor who:

A. Exposes his or her private parts or buttocks, or employs any device or covering which is intended to simulate the private parts or pubic hair of such person, while participating in any public place, place open to the public, or place open to public view, or while serving food or drink or both to any customer; or

B. Permits, procures or assists any person to so expose himself or herself, or to employ any such device. (Added during 1980 codification).

Every person is guilty of a misdemeanor who permits, counsels, or assists any person to violate any provision of this chapter. (Added during 1980 codification).

This chapter does not apply to:

A. A theater, concert hall, or similar establishment which is primarily devoted to theatrical performances;

B. Any act authorized or prohibited by any state statute. (Added during 1980 codification).