Senate File 42SENATE FILE BY McKINLEY and NOBLE Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act modifying the criminal offense of indecent exposure, and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1108SS 83 5 jm/rj/5 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 commits indecent exposure if, for the purpose 1 6 of arousing or gratifying the sexual desires of the person or 1 7 any other person other than the person's spouse, the person 1 8 exposes the genitals or pubes of the person under 1 9 circumstances in which the person knows the conduct is likely 1 10 to cause affront or alarm. 1 11 2. A person commits indecent exposure if, for the purpose 1 12 of arousing or gratifying the sexual desires of the person or 1 13 any other person, the person commits a sex act in the presence 1 14 or view of a third person, under circumstances in which the 1 15 person knows the conduct is likely to cause affront or alarm. 1 16 3. A person who commits indecent exposure is guilty of a 1 17 serious misdemeanor. 1 18 EXPLANATION 1 19 This bill makes changes to the criminal offense of indecent 1 20 exposure. 1 21 Under the bill, a person commits indecent exposure if the 1 22 person exposes the genitals or pubes of the person for the 1 23 purpose of satisfying or gratifying the sexual desires of the 1 24 person or any other person other than the person's spouse, 1 25 under circumstances in which the person knows the conduct is 1 26 likely to cause affront or alarm. Current law provides that 1 27 the indecent exposure of a person be directed to another 1 28 person for the purpose of sexual arousal or gratification and 1 29 that the person knows or reasonably should know that the act 1 30 is offensive to the viewer. 1 31 Under the bill, a person also commits indecent exposure if 1 32 the person commits a sex act, as defined in Code section 1 33 702.17, in the presence or view of a third person for the 1 34 purpose of satisfying or gratifying the sexual desires of the 1 35 person or any other person under circumstances in which the 2 1 person knows the conduct is likely to cause affront or alarm. 2 2 Current law provides that a person commits indecent exposure 2 3 if the person commits a sex act in the presence or view of a 2 4 third person for the purpose of satisfying or gratifying the 2 5 sexual desires of either party and the person knows or 2 6 reasonably should know that the act is offensive to the 2 7 viewer. 2 8 Under the bill and in current law, a person who commits 2 9 indecent exposure is guilty of a serious misdemeanor. In 2 10 addition, under the bill and in current law, a person who 2 11 commits indecent exposure is subject to a special sentence 2 12 pursuant to Code section 903B.2, and is also required to 2 13 register as a sex offender. 2 14 LSB 1108SS 83 2 15 jm/rj/5