HF 2506 (LSB 5318HV (3) 88)

HOUSE FILE 2506

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 523)

A BILL FOR

An Act relating to the criminal offense of indecent exposure and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 709.9, Code 2020, is amended to read as follows:
   709.9  Indecent exposure —— masturbation.
   1.  A person who exposes the person’s genitals or pubes pubic area to another not the person’s spouse, or who commits a sex act in the presence of or view of a third person, commits a serious misdemeanor, if all of the following apply:
   1.  a.  The person does so to arouse or satisfy the sexual desires of either party; and.
   2.  b.  The person knows or reasonably should know that the act is offensive to the viewer.
   2.  a.  A person who masturbates in public in the presence of or view of another, not a child, commits a serious misdemeanor.
   b.  A person who masturbates in public in the presence of or view of a child commits an aggravated misdemeanor.
   c.  For the purpose of this subsection, “masturbate” means the rubbing or other physical stimulation of a person’s own genitals or pubic area for the purpose of sexual gratification or arousal of the person, regardless of whether the genitals or pubic area is exposed or covered.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill expands the offense of indecent exposure to include a person who masturbates in public in the presence of or view of another, not a child, and a person who masturbates in public in the presence of or view of a child. 
   The bill provides that a person who masturbates in public in the presence or view of another, not a child, commits a serious misdemeanor. A person who masturbates in public in the presence of or view of a child commits an aggravated misdemeanor.
   The bill defines “masturbate” as the rubbing or other physical stimulation of a person’s own genitals or pubic area for the purpose of sexual gratification or arousal of the person, regardless of whether the genitals or pubic area is exposed or covered.
   A person convicted pursuant to the bill is required to register as a sex offender.