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 81.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. 1 112.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. 1 143.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. 1 194.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. 1 225.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. 1 256.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 insubsections 1 through 41 31 subsection 1, paragraphs "a" through "d", the person shall be 1 32 guilty of an aggravated misdemeanor. 1 33 3.TheExcept 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, subsection61, 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, subsection61, 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