House File 657 - Introduced
HOUSE FILE
BY COMMITTEE ON PUBLIC
SAFETY
(SUCCESSOR TO HSB 95)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act making changes to the criminal offense of indecent
2 exposure and providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1341HV 83
5 jm/rj/14
PAG LIN
1 1 Section 1. Section 709.9, Code 2009, is amended by
1 2 striking the section and inserting in lieu thereof the
1 3 following:
1 4 709.9 INDECENT EXPOSURE.
1 5 1. A person who exposes the person's genitals or pubes
1 6 commits a serious misdemeanor if all of the following apply:
1 7 a. The person does so for the purpose of arousing or
1 8 gratifying the sexual desires of the person or any other
1 9 person other than the person's spouse.
1 10 b. The person does so in a place and under circumstances
1 11 in which the person knows or reasonably should know the
1 12 conduct is likely to cause affront or alarm.
1 13 2. A person who engages in a sex act commits a serious
1 14 misdemeanor if all of the following apply:
1 15 a. The person does so for the purpose of arousing or
1 16 gratifying the sexual desires of the person or any other
1 17 person other than the person's spouse.
1 18 b. The person does so in the presence or view of a third
1 19 person.
1 20 c. The person does so in a place and under circumstances
1 21 in which the person knows or reasonably should know the
1 22 conduct is likely to cause affront or alarm.
1 23 3. A person who engages in masturbation commits a serious
1 24 misdemeanor if all of the following apply:
1 25 a. The person does so for the purpose of arousing or
1 26 gratifying the sexual desires of the person or any other
1 27 person other than the person's spouse.
1 28 b. The person does so in the presence or view of another
1 29 person who is not participating in the act.
1 30 c. The person does so in a place and under circumstances
1 31 in which the person knows or reasonably should know the
1 32 conduct is likely to cause affront or alarm.
1 33 EXPLANATION
1 34 This bill modifies the criminal offense of indecent
1 35 exposure.
2 1 The bill is in response to State v. Isaac, 756 N.W.2d 817
2 2 (Iowa 2008).
2 3 Under the bill, a person commits indecent exposure if, for
2 4 the purpose of arousing or satisfying the sexual desires of
2 5 the person or another person who is not the person's spouse,
2 6 the person exposes the person's genitals or pubes in a place
2 7 and under circumstances in which the person knows or
2 8 reasonably should know the conduct is likely to cause affront
2 9 or alarm.
2 10 The bill provides that a person commits indecent exposure
2 11 if, for the purpose of arousing or satisfying the sexual
2 12 desires of the person or another person who is not the
2 13 person's spouse, the person engages in a sex act in the
2 14 presence or view of a third person, in a place and under
2 15 circumstances in which the person knows or reasonably should
2 16 know the conduct is likely to cause affront or alarm.
2 17 The bill provides that a person commits indecent exposure
2 18 if, for the purpose of arousing or satisfying the sexual
2 19 desires of the person or another person who is not the
2 20 person's spouse, the person engages in masturbation in the
2 21 presence or view of another person who is not participating in
2 22 the act, in a place and under circumstances in which the
2 23 person knows or reasonably should know the conduct is likely
2 24 to cause affront or alarm.
2 25 Current law provides that the indecent exposure of a
2 26 person's genitals or pubes be directed to another for the
2 27 purpose of sexual arousal or gratification and that the person
2 28 knows or reasonably should know that the act is offensive to
2 29 the viewer. In addition, current law provides that a sex act
2 30 be committed in the presence of or view of a third person to
2 31 arouse or satisfy the sexual desires of either party, and the
2 32 person knows or reasonably should know that the act is
2 33 offensive to the viewer. Current law also does not specify
2 34 that masturbation can be indecent exposure under certain
2 35 circumstances.
3 1 Under the bill and in current law, a person who commits
3 2 indecent exposure is guilty of a simple misdemeanor. In
3 3 addition, under the bill and in current law, a person who
3 4 commits indecent exposure is subject to a special sentence
3 5 pursuant to Code section 903B.2, and is also required to
3 6 register as a sex offender.
3 7 LSB 1341HV 83
3 8 jm/rj/14