House Study Bill 95 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED ATTORNEY
                                            GENERAL BILL)


    Passed Senate, Date               Passed House,  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 1341DP 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    A person commits a serious misdemeanor if, for the purpose
  1  6 of arousing or satisfying the sexual desires of the person or
  1  7 another person who is not the person's spouse, the person
  1  8 exposes the person's genitals or pubes, commits a sex act, or
  1  9 masturbates under circumstances in which the person knows or
  1 10 reasonably should know that the conduct is likely to cause
  1 11 affront or alarm.
  1 12                           EXPLANATION
  1 13    This bill modifies the criminal offense of indecent
  1 14 exposure.
  1 15    The bill is in response to State v. Isaac, 756 N.W.2d 817
  1 16 (Iowa 2008).
  1 17    Under the bill, a person commits indecent exposure if, for
  1 18 the purpose of arousing or satisfying the sexual desires of
  1 19 the person or another person who is not the person's spouse,
  1 20 the person exposes the person's genitals or pubes, commits a
  1 21 sex act, or masturbates under circumstances in which the
  1 22 person knows or reasonably should know that the conduct is
  1 23 likely to cause affront or alarm.
  1 24    Current law provides that the indecent exposure of a
  1 25 person's genitals or pubes be directed to another for the
  1 26 purpose of sexual arousal or gratification and that the person
  1 27 knows or reasonably should know that the act is offensive to
  1 28 the viewer.  In addition, current law provides that a sex act
  1 29 be committed in the presence of or view of a third person to
  1 30 arouse or satisfy the sexual desires of either party, and the
  1 31 person knows or reasonably should know that the act is
  1 32 offensive to the viewer.  Current law also does not specify
  1 33 that masturbation can be indecent exposure under certain
  1 34 circumstances.
  1 35    Under the bill and in current law, a person who commits
  2  1 indecent exposure is guilty of a simple misdemeanor.  In
  2  2 addition, under the bill and in current law, a person who
  2  3 commits indecent exposure is subject to a special sentence
  2  4 pursuant to Code section 903B.2, and is also required to
  2  5 register as a sex offender.
  2  6 LSB 1341DP 83
  2  7 jm/rj/14.1