76-9-702. Lewdness -- Sexual battery -- Public urination.
(1) 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, 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:
(a) an act of sexual intercourse or sodomy;
(b) exposes his or her genitals, the female breast below the top of the areola, the buttocks, the ****, or the pubic area;
(c) masturbates; or
(d) any other act of lewdness.
(2) (a) Lewdness is a class B misdemeanor.
(b) Lewdness is a class A misdemeanor if the person is a sex offender as defined in Section 77-27-21.7.
(3) A person is guilty of sexual battery if the person under circumstances not amounting to rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy upon a child, forcible sexual abuse, sexual abuse of a child, aggravated sexual abuse of a child, aggravated sexual assault, or an attempt to commit any of these offenses intentionally touches, whether or not through clothing, the ****, buttocks, or any part of the genitals of another person, or the breast of a female, and the actor's conduct is under circumstances the actor knows or should know will likely cause affront or alarm to the person touched.
(4) Sexual battery is a class A misdemeanor.
(5) A person is guilty of public urination if the person urinates or defecates:
(a) in a public place, other than a public rest room; and
(b) under circumstances which the person should know will likely cause affront or alarm to another.
(6) Public urination is a class C misdemeanor.
(7) 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 or grossly lewd act, irrespective of whether or not the breast is covered during or incidental to feeding.
31A-21-501. Definitions.
For purposes of this part:
(1) "Applicant" means:
(a) in the case of an individual life or accident and health policy, the person who seeks to contract for insurance benefits; or
(b) in the case of a group life or accident and health policy, the proposed certificate holder.
(2) "Cohabitant" means an emancipated individual pursuant to Section 15-2-1 or an individual who is 16 years of age or older who:
(a) is or was a spouse of the other party;
(b) is or was living as if a spouse of the other party;
(c) is related by blood or marriage to the other party;
(d) has one or more children in common with the other party; or
(e) resides or has resided in the same residence as the other party.
(3) "Child abuse" means the commission or attempt to commit against a child a criminal offense described in:
(a) Title 76, Chapter 5, Part 1, Assault and Related Offenses;
(b) Title 76, Chapter 5, Part 4, Sexual Offenses;
(c) Subsections 76-9-702(1) through (4), Lewdness- Sexual battery; or
(d) Section 76-9-702.5, Lewdness Involving a Child.
(4) "Domestic violence" means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another and includes commission or attempt to commit, any of the following offenses by one cohabitant against another:
(a) aggravated assault, as described in Section 76-5-103;
(b) assault, as described in Section 76-5-102;
(c) criminal homicide, as described in Section 76-5-201;
(d) harassment, as described in Section 76-5-106;
(e) telephone harassment, as described in Section 76-9-201;
(f) kidnaping, child kidnaping, or aggravated kidnaping, as described in Sections 76-5-301, 76-5-301.1, and 76-5-302;
(g) mayhem, as described in Section 76-5-105;
(h) sexual offenses, as described in Title 76, Chapter 5, Part 4, and Title 76, Chapter 5a;
(i) stalking, as described in Section 76-5-106.5;
(j) unlawful detention, as described in Section 76-5-304;
(k) violation of a protective order or ex parte protective order, as described in Section 76-5-108;
(l) any offense against property described in Title 76, Chapter 6, Part 1, 2, or 3;
(m) possession of a deadly weapon with intent to assault, as described in Section 76-10-507; or
(n) discharge of a firearm from a vehicle, near a highway, or in the direction of any person, building, or vehicle, as described in Section 76-10-508.
(5) "Subject of domestic abuse" means an individual who is, has been, may currently be, or may have been subject to domestic violence or child abuse.
