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