S-5087

   Amend Senate File 2097, as passed by the Senate, as follows:
   1.  By striking everything after the enacting clause and inserting: 
   <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 another, not a child, commits a serious misdemeanor.
   b.  A person who masturbates in public in the presence of a child commits an aggravated misdemeanor.
   c.  For the purpose of this subsection, “masturbate” means 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.>
   2.  Title page, line 1, after <exposure> by inserting <, providing penalties,>