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