House File 2320 - Introduced HOUSE FILE 2320 BY FORD A BILL FOR An Act relating to the criminal offense of indecent exposure 1 and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5994HH (4) 83 jm/rj

H.F. 2320 Section 1. Section 709.9, Code 2009, is amended by striking 1 the section and inserting in lieu thereof the following: 2 709.9 Indecent exposure. 3 1. A person who exposes the person’s genitals or pubes 4 commits a serious misdemeanor if all of the following apply: 5 a. The person does so for the purpose of arousing or 6 gratifying the sexual desires of the person or any other person 7 other than the person’s spouse. 8 b. The person does so in a place and under circumstances in 9 which the person knows or reasonably should know the conduct is 10 likely to cause affront or alarm. 11 2. A person who engages in a sex act commits a serious 12 misdemeanor if all of the following apply: 13 a. The person does so for the purpose of arousing or 14 gratifying the sexual desires of the person or any other person 15 other than the person’s spouse. 16 b. The person does so in the presence or view of a third 17 person. 18 c. The person does so in a place and under circumstances in 19 which the person knows or reasonably should know the conduct is 20 likely to cause affront or alarm. 21 3. A person who engages in masturbation commits a serious 22 misdemeanor if all of the following apply: 23 a. The person does so for the purpose of arousing or 24 gratifying the sexual desires of the person or any other person 25 other than the person’s spouse. 26 b. The person does so in the presence or view of another 27 person who is not participating in the act. 28 c. The person does so in a place and under circumstances in 29 which the person knows or reasonably should know the conduct is 30 likely to cause affront or alarm. 31 EXPLANATION 32 This bill modifies the criminal offense of indecent 33 exposure. 34 The bill is in response to State v. Isaac, 756 N.W.2d 817 35 -1- LSB 5994HH (4) 83 jm/rj 1/ 3

H.F. 2320 (Iowa 2008). 1 Under the bill, a person commits indecent exposure if, for 2 the purpose of arousing or satisfying the sexual desires of the 3 person or another person who is not the person’s spouse, the 4 person exposes the person’s genitals or pubes in a place and 5 under circumstances in which the person knows or reasonably 6 should know the conduct is likely to cause affront or alarm. 7 The bill provides that a person commits indecent exposure 8 if, for the purpose of arousing or satisfying the sexual 9 desires of the person or another person who is not the person’s 10 spouse, the person engages in a sex act in the presence or 11 view of a third person, in a place and under circumstances in 12 which the person knows or reasonably should know the conduct is 13 likely to cause affront or alarm. 14 The bill provides that a person commits indecent exposure 15 if, for the purpose of arousing or satisfying the sexual 16 desires of the person or another person who is not the person’s 17 spouse, the person engages in masturbation in the presence or 18 view of another person who is not participating in the act, in 19 a place and under circumstances in which the person knows or 20 reasonably should know the conduct is likely to cause affront 21 or alarm. 22 Current law provides that the indecent exposure of a 23 person’s genitals or pubes be directed to another for the 24 purpose of sexual arousal or gratification and that the person 25 knows or reasonably should know that the act is offensive to 26 the viewer. In addition, current law provides that a sex act 27 be committed in the presence of or view of a third person 28 to arouse or satisfy the sexual desires of either party, and 29 the person knows or reasonably should know that the act is 30 offensive to the viewer. Current law also does not specify 31 that masturbation can be indecent exposure under certain 32 circumstances. 33 Under the bill and in current law, a person who commits 34 indecent exposure is guilty of a serious misdemeanor. In 35 -2- LSB 5994HH (4) 83 jm/rj 2/ 3

H.F. 2320 addition, under the bill and in current law, a person who 1 commits indecent exposure is subject to a special sentence 2 pursuant to Code section 903B.2, and is also required to 3 register as a sex offender under Code chapter 692A. 4 -3- LSB 5994HH (4) 83 jm/rj 3/ 3