2009 California Penal Code - Section 314-318.6 :: Chapter 8. Indecent Exposure, Obscene Exhibitions, And Bawdy And Other Disorderly Houses

314.  Every person who willfully and lewdly, either:

    1. Exposes his person, or the private parts thereof, in any
public place, or in any place where there are present other persons
to be offended or annoyed thereby; or,

    2. Procures, counsels, or assists any person so to expose himself
or take part in any model artist exhibition, or to make any other
exhibition of himself to public view, or the view of any number of
persons, such as is offensive to decency, or is adapted to excite to
vicious or lewd thoughts or acts,

is guilty of a misdemeanor.
   Every person who violates subdivision 1 of this section after
having entered, without consent, an inhabited dwelling house, or
trailer coach as defined in Section 635 of the Vehicle Code, or the
inhabited portion of any other building, is punishable by
imprisonment in the state prison, or in the county jail not exceeding
one year.
   Upon the second and each subsequent conviction under subdivision 1
of this section, or upon a first conviction under subdivision 1 of
this section after a previous conviction under Section 288, every
person so convicted is guilty of a felony, and is punishable by
imprisonment in state prison.

315.  Every person who keeps a house of ill-fame in this state,
resorted to for the purposes of prostitution or lewdness, or who
willfully resides in such house, is guilty of a misdemeanor; and in
all prosecutions for keeping or resorting to such a house common
repute may be received as competent evidence of the character of the
house, the purpose for which it is kept or used, and the character of
the women inhabiting or resorting to it.

316.  Every person who keeps any disorderly house, or any house for
the purpose of assignation or prostitution, or any house of public
resort, by which the peace, comfort, or decency of the immediate
neighborhood is habitually disturbed, or who keeps any inn in a
disorderly manner; and every person who lets any apartment or
tenement, knowing that it is to be used for the purpose of
assignation or prostitution, is guilty of a misdemeanor.

318.  Whoever, through invitation or device, prevails upon any
person to visit any room, building, or other places kept for the
purpose of illegal gambling or prostitution, is guilty of a
misdemeanor, and, upon conviction thereof, shall be confined in the
county jail not exceeding six months, or fined not exceeding five
hundred dollars ($500), or be punished by both that fine and
imprisonment.

318.5.  (a) Nothing in this code shall invalidate an ordinance of,
or be construed to prohibit the adoption of an ordinance by, a county
or city, if that ordinance directly regulates the exposure of the
genitals or buttocks of any person, or the breasts of any female
person, who acts as a waiter, waitress, or entertainer, whether or
not the owner of the establishment in which the activity is performed
employs or pays any compensation to that person to perform the
activity, in an adult or sexually oriented business. For purposes of
this section, an "adult or sexually oriented business" includes any
establishment that regularly features live performances which are
distinguished or characterized by an emphasis on the exposure of the
genitals or buttocks of any person, or the breasts of any female
person, or specified sexual activities that involve the exposure of
the genitals or buttocks of any person, or the breasts of any female
person.
   (b) The provisions of this section shall not be construed to apply
to any adult or sexually oriented business, as defined herein, that
has been adjudicated by a court of competent jurisdiction to be, or
by action of a local body such as issuance of an adult entertainment
establishment license or permit allowing the business to operate on
or before July 1, 1998, as, a theater, concert hall, or similar
establishment primarily devoted to theatrical performances for
purposes of this section.
   This section shall be known and may be cited as the "Quimby-Walsh
Act."

318.6.  (a) Nothing in this code shall invalidate an ordinance of,
or be construed to prohibit the adoption of an ordinance by, a city
or county, if that ordinance relates to any live acts,
demonstrations, or exhibitions occurring within adult or sexually
oriented businesses and involve the exposure of the genitals or
buttocks of any participant or the breasts of any female participant,
and if that ordinance prohibits an act or acts which are not
expressly authorized or prohibited by this code.
   (b) For purposes of this section, an "adult or sexually oriented
business" includes any establishment that regularly features live
performances which are distinguished or characterized by an emphasis
on the exposure of the genitals or buttocks of any person, or the
breasts of any female person or sexual activities that involve the
exposure of the genitals or buttocks of any person, or the breasts of
any female person.
   (c) The provisions of this section shall not be construed to apply
to any adult or sexually oriented business, as defined herein, that
has been adjudicated by a court of competent jurisdiction to be, or
by action of a local body such as issuance of an adult entertainment
establishment license or permit allowing the business to operate on
or before July 1, 1998, as, a theater, concert hall, or similar
establishment primarily devoted to theatrical performances for
purposes of this section.
   (d) This section shall not be construed to preempt the legislative
body of any city or county from regulating an adult or sexually
oriented business, or similar establishment, in the manner and to the
extent permitted by the United States Constitution and the
California Constitution.