HF 2320 (LSB 5994HH (4) 83)

HOUSE FILE 2320

BY  FORD

A BILL FOR

An Act relating to the criminal offense of indecent exposure and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 709.9, Code 2009, is amended by striking the section and inserting in lieu thereof the following:
   709.9  Indecent exposure.
   1.  A person who exposes the person’s genitals or pubes commits a serious misdemeanor if all of the following apply:
   a.  The person does so for the purpose of arousing or gratifying the sexual desires of the person or any other person other than the person’s spouse.
   b.  The person does so in a place and under circumstances in which the person knows or reasonably should know the conduct is likely to cause affront or alarm.
   2.  A person who engages in a sex act commits a serious misdemeanor if all of the following apply:
   a.  The person does so for the purpose of arousing or gratifying the sexual desires of the person or any other person other than the person’s spouse.
   b.  The person does so in the presence or view of a third person.
   c.  The person does so in a place and under circumstances in which the person knows or reasonably should know the conduct is likely to cause affront or alarm.
   3.  A person who engages in masturbation commits a serious misdemeanor if all of the following apply:
   a.  The person does so for the purpose of arousing or gratifying the sexual desires of the person or any other person other than the person’s spouse.
   b.  The person does so in the presence or view of another person who is not participating in the act.
   c.  The person does so in a place and under circumstances in which the person knows or reasonably should know the conduct is likely to cause affront or alarm.
EXPLANATION
   This bill modifies the criminal offense of indecent exposure.
   The bill is in response to State v. Isaac, 756 N.W.2d 817 (Iowa 2008).
   Under the bill, a person commits indecent exposure if, for the purpose of arousing or satisfying the sexual desires of the person or another person who is not the person’s spouse, the person exposes the person’s genitals or pubes in a place and under circumstances in which the person knows or reasonably should know the conduct is likely to cause affront or alarm.
   The bill provides that a person commits indecent exposure if, for the purpose of arousing or satisfying the sexual desires of the person or another person who is not the person’s spouse, the person engages in a sex act in the presence or view of a third person, in a place and under circumstances in which the person knows or reasonably should know the conduct is likely to cause affront or alarm.
   The bill provides that a person commits indecent exposure if, for the purpose of arousing or satisfying the sexual desires of the person or another person who is not the person’s spouse, the person engages in masturbation in the presence or view of another person who is not participating in the act, in a place and under circumstances in which the person knows or reasonably should know the conduct is likely to cause affront or alarm.
   Current law provides that the indecent exposure of a person’s genitals or pubes be directed to another for the purpose of sexual arousal or gratification and that the person knows or reasonably should know that the act is offensive to the viewer. In addition, current law provides that a sex act be committed in the presence of or view of a third person to arouse or satisfy the sexual desires of either party, and the person knows or reasonably should know that the act is offensive to the viewer. Current law also does not specify that masturbation can be indecent exposure under certain circumstances.
   Under the bill and in current law, a person who commits indecent exposure is guilty of a serious misdemeanor. In addition, under the bill and in current law, a person who commits indecent exposure is subject to a special sentence pursuant to Code section 903B.2, and is also required to register as a sex offender under Code chapter 692A.