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