HF 159 (LSB 1762HH (2) 87)

HOUSE FILE 159

BY  WOLFE

A BILL FOR

An Act modifying the penalties for persons eighteen years of age or older who commit indecent exposure.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 709.9, Code 2017, is amended to read as follows:
   709.9  Indecent exposure.
   1.  A person who exposes the person’s genitals or pubes to another not the person’s spouse, or who commits a sex act in the presence of or view of a third person, commits a serious misdemeanor, if all of the following apply:
   1.  a.  The person does so to arouse or satisfy the sexual desires of either party; and.
   2.  b.  The person knows or reasonably should know that the act is offensive to the viewer.
   2.  A person, eighteen years of age or older, who exposes the person’s genitals or pubes to another not the person’s spouse, or who commits a sex act in the presence of or view of a third person, commits an aggravated misdemeanor, if all of the following apply:
   a.  The person does so to arouse or satisfy the sexual desires of either party.
   b.  The person knows or reasonably should know that the act is offensive to the viewer.
   c.  The viewer is under thirteen years of age.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill modifies the penalties for persons 18 years of age or older who commit indecent exposure.
   The bill increases the penalties for indecent exposure from a serious misdemeanor to an aggravated misdemeanor for acts involving a person 18 years of age or older who exposes oneself or commits a sex act in the presence of or view of a third person and the viewer of the indecent exposure is under 13 years of age.
   A person who commits indecent exposure must register as a sex offender for 10 years and is subject to an additional 10-year special sentence pursuant to Code section 903B.2 after the sentence for indecent exposure ends.
   A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.