House File 772 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HF 640)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to public indecent exposure in certain
  2    establishments and making a penalty applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2405HV 83
  5 jm/nh/8

PAG LIN



  1  1    Section 1.  Section 728.5, Code 2009, is amended to read as
  1  2 follows:
  1  3    728.5  PUBLIC INDECENT EXPOSURE IN CERTAIN ESTABLISHMENTS.
  1  4    1.  An owner, manager, or person who exercises direct
  1  5 control over a place of business required to obtain a sales
  1  6 tax permit shall be guilty of a serious misdemeanor under any
  1  7 of the following circumstances:
  1  8    1.  a.  If such person allows or permits the actual or
  1  9 simulated public performance of any sex act upon or in such
  1 10 place of business.
  1 11    2.  b.  If such person allows or permits the exposure of
  1 12 the genitals or buttocks or female breast of any person who
  1 13 acts as a waiter or waitress.
  1 14    3.  c.  If such person allows or permits the exposure of
  1 15 the genitals or female breast nipple of any person who acts as
  1 16 an entertainer, whether or not the owner of the place of
  1 17 business in which the activity is performed employs or pays
  1 18 any compensation to such person to perform such activity.
  1 19    4.  d.  If such person allows or permits any person to
  1 20 remain in or upon the place of business who exposes to public
  1 21 view the person's genitals, pubic hair, or anus.
  1 22    5.  e.  If such person advertises that any activity
  1 23 prohibited by this section is allowed or permitted in such
  1 24 place of business.
  1 25    6.  f.  If such person allows or permits a minor to engage
  1 26 in or otherwise perform in a live act intended to arouse or
  1 27 satisfy the sexual desires or appeal to the prurient interests
  1 28 of patrons.
  1 29    2.  However, if such person allows or permits a minor to
  1 30 participate in any act included in subsections 1 through 4
  1 31 subsection 1, paragraphs "a" through "d", the person shall be
  1 32 guilty of an aggravated misdemeanor.
  1 33    3.  The Except for subsection 1, paragraph "f", the
  1 34 provisions of this section shall not apply to a theater,
  1 35 concert hall, art center, museum, or similar establishment
  2  1 which is primarily devoted to the arts or theatrical
  2  2 performances and in which any of the circumstances contained
  2  3 in this section were permitted or allowed as part of such art
  2  4 exhibits or performances.
  2  5    Sec. 2.  Section 728.8, Code 2009, is amended to read as
  2  6 follows:
  2  7    728.8  SUSPENSION OF LICENSES OR PERMITS.
  2  8    Any person who knowingly permits a violation of section
  2  9 728.2, 728.3, or 728.5, subsection 6 1, paragraph "f", to
  2 10 occur on premises under the person's control shall have all
  2 11 permits and licenses issued to the person under state or local
  2 12 law as a prerequisite for doing business on such premises
  2 13 revoked for a period of six months.  The county attorney shall
  2 14 notify all agencies responsible for issuing licenses and
  2 15 permits of any conviction under section 728.2, 728.3, or
  2 16 728.5, subsection 6 1, paragraph "f".
  2 17                           EXPLANATION
  2 18    This bill provides that a person commits an aggravated
  2 19 misdemeanor for permitting public indecent exposure in a
  2 20 theater, concert hall, art center, museum, or similar
  2 21 establishment which is primarily devoted to the arts if such
  2 22 person allows or permits a minor to engage in a live act
  2 23 intended to arouse or satisfy the sexual desires or appeal to
  2 24 the prurient interests of patrons.
  2 25    An aggravated misdemeanor is punishable by confinement for
  2 26 no more than two years and a fine of at least $625 but not
  2 27 more than $6,250.
  2 28 LSB 2405HV 83
  2 29 jm/nh/8