House File 2473 - Introduced
HOUSE FILE
BY ANDERSON and SWAIM
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to indecent exposure and providing penalties.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 6171HH 81
4 eg/cf/24
PAG LIN
1 1 Section 1. Section 728.1, subsection 6, Code Supplement
1 2 2005, is amended to read as follows:
1 3 6. "Place of business" means any of the following:
1 4 a. The premises of a business required to obtain a sales
1 5 tax permit pursuant to chapter 423, the.
1 6 b. The premises of a nonprofit or not=for=profit
1 7 organization, and the.
1 8 c. The premises of an establishment which is open to the
1 9 public at large or where entrance is limited by a cover charge
1 10 or membership requirement.
1 11 d. The premises of a business required to obtain a sales
1 12 tax permit adjoining or adjacent to the premises of an
1 13 organization under paragraph "b" or adjoining or adjacent to
1 14 the premises of an establishment under paragraph "c".
1 15 Sec. 2. Section 728.5, Code 2005, is amended to read as
1 16 follows:
1 17 728.5 PUBLIC INDECENT EXPOSURE IN CERTAIN ESTABLISHMENTS.
1 18 1. An owner, manager, or person who exercises direct
1 19 control over a place of business required to obtain a sales
1 20 tax permit shall be guilty of a serious misdemeanor under any
1 21 of the following circumstances: listed in paragraphs "a"
1 22 through "f". An owner, manager, or person who has a property
1 23 interest or right of any kind in a place of business as
1 24 defined in section 728.1, subsection 6, paragraph "d", is
1 25 deemed to have direct control over a place of business
1 26 required to obtain a sales tax permit.
1 27 1. a. If such person allows or permits the actual or
1 28 simulated public performance of any sex act upon or in such
1 29 place of business.
1 30 2. b. If such person allows or permits the exposure of
1 31 the genitals or buttocks or female breast of any person who
1 32 acts as a waiter or waitress.
1 33 3. c. If such person allows or permits the exposure of
1 34 the genitals or female breast nipple of any person who acts as
1 35 an entertainer, whether or not the owner of the place of
2 1 business in which the activity is performed employs or pays
2 2 any compensation to such person to perform such activity.
2 3 4. d. If such person allows or permits any person to
2 4 remain in or upon the place of business who exposes to public
2 5 view the person's genitals, pubic hair, or anus.
2 6 5. e. If such person advertises that any activity
2 7 prohibited by this section is allowed or permitted in such
2 8 place of business.
2 9 6. f. If such person allows or permits a minor to engage
2 10 in or otherwise perform in a live act intended to arouse or
2 11 satisfy the sexual desires or appeal to the prurient interests
2 12 of patrons. However, if such person allows or permits a minor
2 13 to participate in any act included in subsections 1 through 4,
2 14 the person shall be guilty of an aggravated misdemeanor.
2 15 2. For purposes of this section, "minor" means any person
2 16 under the age of twenty=one.
2 17 3. The provisions of this section shall not apply to a
2 18 theater, concert hall, art center, museum, or similar
2 19 establishment which is primarily devoted to the arts or
2 20 theatrical performances and in which any of the circumstances
2 21 contained in this section were permitted or allowed as part of
2 22 such art exhibits or performances. At trial for a violation
2 23 of this section the court may consider the challenged
2 24 circumstance, and receive into evidence in addition to other
2 25 competent evidence, the offered testimony of experts
2 26 pertaining to:
2 27 a. The artistic or theatrical value, if any of the
2 28 performance or exhibit.
2 29 b. The degree of public acceptance within the community.
2 30 c. The advertising promotion.
2 31 Sec. 3. Section 728.8, Code 2005, is amended to read as
2 32 follows:
2 33 728.8 SUSPENSION OF LICENSES OR PERMITS.
2 34 Any person who knowingly permits a violation of section
2 35 728.2, 728.3, or 728.5, subsection 6, to occur on premises
3 1 under the person's control shall have all permits and licenses
3 2 issued to the person under state or local law as a
3 3 prerequisite for doing business on such premises revoked for a
3 4 period of six months. The county attorney shall notify all
3 5 agencies responsible for issuing licenses and permits of any
3 6 conviction under section 728.2, 728.3, or 728.5, subsection 6.
3 7 EXPLANATION
3 8 This bill relates to indecent exposure under Code section
3 9 728.5. Under current law, a person who exercises control over
3 10 a place of business required to obtain a sales tax permit may
3 11 be held accountable for circumstances of indecent exposure.
3 12 "Place of business" is a defined term that, under the bill,
3 13 is expanded to include the premises of a business required to
3 14 obtain a sales tax permit adjoining or adjacent to the
3 15 premises of a nonprofit organization or to the premises of an
3 16 establishment open to the public or where entrance is limited.
3 17 The bill provides that if a person has an ownership interest
3 18 in a place of business, then such person has direct control
3 19 over the place of business.
3 20 The indecent exposure provisions do not apply to the arts
3 21 or to theatrical performances. However, the bill provides
3 22 that at a trial, the court may consider testimony regarding
3 23 the artistic or theatrical value of the performance or
3 24 exhibit, if any, the degree of public acceptance within the
3 25 community, and the advertising promotion.
3 26 Upon a conviction, a person's license or permit required to
3 27 do business on the premises shall be revoked for a period of
3 28 six months.
3 29 The bill also, for purposes of Code section 728.5 only,
3 30 raises the age of a minor from 18 years to 21 years.
3 31 LSB 6171HH 81
3 32 eg:rj/cf/24