S.F. 2097 Section 1. Section 709.9, Code 2020, is amended to read as 1 follows: 2 709.9 Indecent exposure. 3 A person who exposes the person’s genitals or pubes to 4 another not the person’s spouse, or who commits a sex act in 5 the presence of or view of a third person, or who masturbates 6 underneath or outside of the person’s clothing in the presence 7 of another, commits a serious misdemeanor, if all of the 8 following apply : 9 1. The person does so to arouse or satisfy the sexual 10 desires of either party; and party. 11 2. The person knows or reasonably should know that the act 12 is offensive to the viewer or the viewer was a child at the time 13 of the act . 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill expands the criminal offense of indecent exposure 18 (Code section 709.9) to include a person who masturbates 19 outside of or underneath the person’s clothing in the presence 20 of another, if the person does so to arouse or satisfy 21 the sexual desires of either party and the person knows or 22 reasonably should know that the act is offensive to the viewer 23 or the viewer was a child at the time of the act. 24 A person who violates Code section 709.9 commits a 25 serious misdemeanor. A serious misdemeanor is punishable by 26 confinement for no more than one year and a fine of at least 27 $315 but not more than $1,875. 28 A person convicted pursuant to this section is required to 29 register as a sex offender. 30 -1- LSB 5318SV (2) 88 hf/rh 1/ 1