Senate File 42 





                                       SENATE 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