House File 2674 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HF 2473)
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 6171HV 81
4 eg/cf/24
PAG LIN
1 1 Section 1. Section 728.5, Code 2005, is amended to read as
1 2 follows:
1 3 728.5 PUBLIC INDECENT EXPOSURE IN CERTAIN ESTABLISHMENTS.
1 4 1. An owner, manager, or person who exercises direct
1 5 control over a place of business required to obtain a sales
1 6 tax permit or a place of business where alcoholic beverages
1 7 are served or allowed on the premises shall be guilty of a
1 8 serious misdemeanor under any of the following circumstances:
1 9 1. a. If such person allows or permits the actual or
1 10 simulated public performance of any sex act upon or in such
1 11 place of business.
1 12 2. b. If such person allows or permits the exposure of
1 13 the genitals or buttocks or female breast of any person who
1 14 acts as a waiter or waitress.
1 15 3. c. If such person allows or permits the exposure of
1 16 the genitals or female breast nipple of any person who acts as
1 17 an entertainer, whether or not the owner of the place of
1 18 business in which the activity is performed employs or pays
1 19 any compensation to such person to perform such activity.
1 20 4. d. If such person allows or permits any person to
1 21 remain in or upon the place of business who exposes to public
1 22 view the person's genitals, pubic hair, or anus.
1 23 5. e. If such person advertises that any activity
1 24 prohibited by this section is allowed or permitted in such
1 25 place of business.
1 26 6. f. If such person allows or permits a minor to engage
1 27 in or otherwise perform in a live act intended to arouse or
1 28 satisfy the sexual desires or appeal to the prurient interests
1 29 of patrons. However, if such person allows or permits a minor
1 30 to participate in any act included in subsections 1 paragraphs
1 31 "a" through 4 "d", the person shall be guilty of an aggravated
1 32 misdemeanor.
1 33 2. For purposes of this section, "minor" means any person
1 34 under the age of twenty=one.
1 35 3. The provisions of this section shall not apply to a
2 1 theater, concert hall, art center, museum, or similar
2 2 establishment which is primarily devoted to the arts or
2 3 theatrical performances and in which any of the circumstances
2 4 contained in this section were permitted or allowed as part of
2 5 such art exhibits or performances. At trial for a violation
2 6 of this section the court may consider the challenged
2 7 circumstance and whether the owner, manager, or person is
2 8 attempting to evade prosecution under this section. The court
2 9 may receive into evidence testimony regarding the nexus
2 10 between the premises where the challenged circumstance
2 11 occurred and the premises of a business situated nearby. In
2 12 addition to other competent evidence, the court may consider
2 13 the offered testimony of experts pertaining to:
2 14 a. The artistic or theatrical value, if any of the
2 15 performance or exhibit.
2 16 b. The degree of public acceptance within the community.
2 17 c. The advertising promotion.
2 18 Sec. 2. Section 728.8, Code 2005, is amended to read as
2 19 follows:
2 20 728.8 SUSPENSION OF LICENSES OR PERMITS.
2 21 Any person who knowingly permits a violation of section
2 22 728.2, 728.3, or 728.5, subsection 6, to occur on premises
2 23 under the person's control shall have all permits and licenses
2 24 issued to the person under state or local law as a
2 25 prerequisite for doing business on such premises revoked for a
2 26 period of six months. The county attorney shall notify all
2 27 agencies responsible for issuing licenses and permits of any
2 28 conviction under section 728.2, 728.3, or 728.5, subsection 6.
2 29 EXPLANATION
2 30 This bill relates to indecent exposure under Code section
2 31 728.5.
2 32 Under current law, a person who exercises control over a
2 33 place of business required to obtain a sales tax permit may be
2 34 held accountable for circumstances of indecent exposure.
2 35 Under the bill, a person who exercises control over a place of
3 1 business where alcoholic beverages are served or allowed on
3 2 the premises is also accountable for circumstances of indecent
3 3 exposure.
3 4 The bill also, for purposes of prohibiting obscene
3 5 performances by minors under Code section 728.5 only, raises
3 6 the age of a minor from 18 years to 21 years.
3 7 The indecent exposure provisions do not apply to the arts
3 8 or to theatrical performances. However, the bill provides
3 9 that at a trial, the court may consider whether the person is
3 10 attempting to avoid prosecution.
3 11 A person who violates Code section 728.5 by allowing acts
3 12 of indecent exposure performed by an adult is guilty of a
3 13 serious misdemeanor and if such acts are performed by a minor,
3 14 is guilty of an aggravated misdemeanor. A serious misdemeanor
3 15 is punishable by confinement for no more than one year and a
3 16 fine of at least $250 but not more than $1,500. An aggravated
3 17 misdemeanor is punishable by confinement for no more than two
3 18 years and a fine of at least $500 but not more than $5,000.
3 19 Upon a conviction, a person's license or permit required to
3 20 do business on the premises shall be revoked for a period of
3 21 six months.
3 22 LSB 6171HV 81
3 23 eg:rj/cf/24