Text: SF00255 Text: SF00257 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 709.9, Code 1999, is amended to read as 1 2 follows: 1 3 709.9 INDECENT EXPOSURE. 1 4 1. A personwhocommits the offense of indecent exposure 1 5 if the person exposes the person's genitals or pubes to 1 6 another not the person's spouse, orwhocommits a sex act in 1 7 the presence of or view of a third person, commits a serious1 8misdemeanor, if:1 91. The person does so to arouse or satisfy the sexual1 10desires of either party; and1 112. The person knows or reasonably should know that the act1 12is offensive to the viewerand does so to arouse or satisfy 1 13 the sexual desires of either party, and knows or reasonably 1 14 should know that the act is offensive to the viewer. 1 15 2. a. Except as otherwise provided in paragraph "c", a 1 16 person who commits a first offense is guilty of a serious 1 17 misdemeanor. 1 18 b. Except as otherwise provided in paragraph "d", a person 1 19 who commits a second or subsequent offense is guilty of an 1 20 aggravated misdemeanor. 1 21 c. A person who commits a first offense in the presence or 1 22 view of a person who is under eighteen years of age is guilty 1 23 of an aggravated misdemeanor. 1 24 d. A person who commits a second or subsequent offense in 1 25 the presence or view of a person who is under eighteen years 1 26 of age is guilty of a class "D" felony. 1 27 EXPLANATION 1 28 This bill changes the penalty for indecent exposure. The 1 29 bill enhances the penalty from a serious to an aggravated 1 30 misdemeanor for persons who commit a second or subsequent 1 31 offense of indecent exposure. Under current law, a person 1 32 commits a serious misdemeanor for each offense of indecent 1 33 exposure. 1 34 The bill further enhances the penalty for persons who 1 35 commit indecent exposure in the presence or view of a minor. 2 1 A person commits an aggravated misdemeanor for a first 2 2 offense, and a class "D" felony for a second or subsequent 2 3 offense. 2 4 A serious misdemeanor is punishable by confinement for no 2 5 more than one year and a fine of at least $250 but not more 2 6 than $1,500. An aggravated misdemeanor is punishable by 2 7 confinement for no more than two years and a fine of at least 2 8 $500 but not more than $5,000. A class "D" felony is 2 9 punishable by confinement for no more than five years and a 2 10 fine of at least $500 but not more than $7,500. 2 11 LSB 1791XS 78 2 12 jm/cf/24
Text: SF00255 Text: SF00257 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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